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In light of the continuing barrage of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), companies should be able to rely on their general liability (GL) insurers to defend and indemnify them from...more
The coverage dispute in Home Depot, Inc., et al v. Steadfast Insurance Company, et al. arises out of a 2014 data breach of millions of Home Depot’s customers’ payment information. As a result of the breach, the financial...more
In this month's edition of our Privacy & Cybersecurity Update, we examine the European Data Protection Board's published opinions on data protection impact assessments, an Ohio court's ruling that bitcoin is covered insured...more
On November 17, 2017, a U.S. district court in Florida narrowly construed personal and advertising injury coverage for data-breach claims under a commercial general liability policy. In Innovak International, Inc., v. The...more
In this edition of our Privacy & Cybersecurity Update, we examine a district court ruling against Wendy's that continues a shift toward an increase in merchants' data protection responsibilities and the Article 29 Working...more
As cyber attacks increase at an unprecedented pace, more and more businesses are purchasing cyber insurance to protect against that risk. The insurance industry now faces an avalanche of claims, and those claims now are...more
In a decision issued April 11, the Fourth Circuit added to a small but growing body of case law across the country finding coverage for cyber claims under traditional general liability insurance policies. In Travelers...more
In Travelers Indem. Co. of Am. v. Portal Healthcare Solutions, L.L.C., 2016 U.S. App. Lexis 6554, decided on April 11, 2016, the United States Court of Appeals for the Fourth Circuit found that a commercial general liability...more
In this edition of our Privacy & Cybersecurity Update, we examine changes to EU privacy and data protection laws, new state laws addressing data breach notifications, Congress' review of cyber insurance, and recent court...more
In Travelers Indemnity Co. of America v. Portal Healthcare Solutions, LLC, the Fourth Circuit Court of Appeals reverses the recent trend of insurance companies avoiding any liability for data breaches under commercial general...more
Earlier this month in an unpublished opinion, the Fourth Circuit Court of Appeals found that Travelers Indemnity Company of America (“Travelers”) had a duty to defend its insured against a data breach suit under the terms of...more
Cyber insurance policies are often considered the “last line of defense” against cybersecurity incidents, but companies should keep in mind that their traditional commercial general liability (“CGL”) insurance policies are a...more
On April 11, 2016, the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling by Judge Gerald Bruce Lee of the U.S. District Court for the Eastern District of Virginia that Travelers Indemnity Company of America...more
Can an inadvertent Internet posting of a patient’s medical information trigger insurance coverage for liability stemming from a data-breach class action? The Fourth Circuit held last week that it can, and it added to the...more
On April 11, the United States Court of Appeals for the Fourth Circuit rendered one of the first appellate-level decisions dealing with insurance coverage for a cyber event. The Fourth Circuit confirmed that a commercial...more
With today’s increased focus on data breaches and related cyber liability exposure, the insurance market continues to develop policies tailored to this unique risk. Insurers are also excluding cyber risks in many traditional...more
Corporate policy holders received good news on April 11 when the U.S. Court of Appeals for the Fourth Circuit issued its opinion in the case captioned: The Travelers Indemnity Company of America v. Portal Healthcare...more
This week, a Fourth Circuit panel in an unpublished decision validated arguments long made by policyholders: that commercial general liability policies may provide coverage for certain data breach liabilities. In this case,...more
This week, the Fourth Circuit affirmed the lower court’s ruling of summary judgment in favor of the policyholder Portal Healthcare, finding that Travelers has a duty to defend it under a General Liability policy for a...more
Commercial General Liability policies have, for several decades, included advertising and personal injury coverage. Such coverage is afforded for injury caused by various enumerated offenses, including breach of privacy....more
For policyholders and attorneys that have feared the lack of coverage for data breaches under traditional policies (CGL, property), a recent ruling suggest that it is not time to write off those policies as a potential source...more
On October 12, 2015, Nossaman and UC Irvine hosted a Cyber Symposium at the City Club in Los Angeles. The event included four panels of Nossaman lawyers, UCI professors, and private professionals who are experts in the areas...more
Many insurance coverage disputes can be, should be, and are settled without the need for litigation and its attendant costs and distractions. However, some disputes cannot be settled, and organizations are compelled to resort...more
There’s a tempest amidst the recent spring shower of “cyber” insurance cases. It isn’t the Recall Total case reported the week before last, or the Travelers v. Federal Recovery Services case reported the week before. While...more
According to a Law360 report, Sony Corp.’s lawyers recently asked a New York appeals court to overturn a trial court’s ruling that a data breach did not involve the “publication” of private information within the meaning of...more