A year ago in this space, we looked at the receding wave of coverage litigation regarding whether various cyber-related exposures were covered under traditional policies, such as CGL and professional liability policies. ...more
6/27/2016
/ Commercial General Liability Policies ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Debit and Credit Card Transactions ,
Insurance Industry ,
Liability Insurance ,
PF Chang's ,
Popular ,
Restaurant Industry ,
Risk Management
Both the number of cases under the Telephone Consumer Protection Act (TCPA) and the types of practices that those cases challenge have mushroomed within the last several years. Yet a dedicated form of insurance against TCPA...more
Editors at Wired magazine recently engaged in a year-long project to develop a means to hack the onboard computer of a Jeep, and override the driver’s control of several critical vehicle functions. According to a disturbing...more
It’s a familiar pattern. First, new risks inspire legislation and regulations that impose new penalties. Next, insurers and policyholders fight over whether the new liabilities are covered under traditional liability...more
6/22/2015
/ Corporate Counsel ,
Cyber Insurance ,
Cybersecurity ,
D&O Insurance ,
Data Breach ,
Data Protection ,
Daubert Standards ,
Financial Institutions ,
Hackers ,
IBM ,
Information Security ,
Insurance Industry ,
Liability Insurance ,
Software ,
Sony ,
Travelers Property Casualty Co. ,
Visa Inc ,
Young Lawyers
A New York statute provides that liability insurers may not deny claims on grounds of late notice, unless they can show they were prejudiced by the delay. The statute applies to policies “issued or delivered” in New York. In...more
Even when the claims in a lawsuit arguably fall within the coverage terms of the defendant’s liability insurance policy, the circumstances might suggest facts that would establish a defense to coverage. In that case, the...more