John Pitblado

John Pitblado

Carlton Fields Jorden Burt

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Your Data Breach Collided With My Personal Injury Coverage

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

10/1/2015 - Auto Manufacturers Automobile Recall Automotive Industry Cyber Attacks Data Breach Hackers Insurance Industry Jeep Liability Insurance Motor Vehicles Software

Oregon Federal Court Finds Arbitration Agreement In CGL Policy Invalid

Plaintiff, Technical Security Integration, Inc., a Washington company, sold certain security and surveillance equipment and services. It hired Corey Tharp as a sales associate in Oregon, to tap his connections to that state’s...more

9/30/2015 - Arbitration Arbitration Agreements Casinos Commercial Arbitration Commercial General Liability Policies Denial of Insurance Coverage Gaming Insurance Industry Jurisdiction Motion to Compel Security Surveillance

Cybersecurity Coverage Litigation: Learning to Survive After the Second Wave Hits

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

Telematics and Usage-Based Insurance

The NAIC’s Center for Insurance Policy and Research (CIPR) released a white paper analyzing the future of "telematics" in premium rate-making by auto insurers. Telematics allow for the measurement of actual driving...more

6/22/2015 - Auto Insurance Automotive Industry Casualty Insurance Data Collection Insurance Industry NAIC Property Insurance Technology Telematics UBI

Telematics and Usage-Based Insurance: Benefits, Challenges, and the Future

The NAIC’s Center for Insurance Policy and Research (CIPR) released a white paper in March 2015 providing an excellent overview of the brave new world of automobile “telematics” data and their use in premium rate-making by...more

4/25/2015 - Auto Insurance Data Collection GPS NAIC Privacy Concerns Progressive Casualty Insurance Company Telematics UBI

Cyber Risk as a Regulatory Issue: Tales of Encryption

Spurred by the prescient reporting found in this space (and, just maybe, by the Anthem data breach, which occurred a week later), insurance regulators have recently engaged in a flurry of regulatory activity relating to cyber...more

2/23/2015 - Cyber Attacks Cyber Insurance Cybersecurity Encryption NAIC Popular Risk Management

Cyber Risk as a Regulatory Issue: A Connecticut Regulator Shares Her Insights

Even at Sony, cyber security was a hot topic before Kim Jong-un took an interest in Seth Rogen’s oeuvre. In 2011, hackers gained access to the personal and financial information Sony had collected on more than 100 million...more

1/29/2015 - Cyber Threats Cybersecurity Data Protection Insolvency Insurance Industry Insurers Sony

Expect Focus - Spot The Regulator, Volume IV, Fall 2014

In This Issue: - IN THE SPOTLIGHT ..Crisis Management: Five Steps to Take Before Providing That Comment - LIFE INSURANCE ..Third Circuit Limits ERISA Fiduciary Liability to those with Ultimate...more

1/16/2015 - Automotive Loans CFTC Class Action Consumer Complaint System Data Breach Divorce Driverless Cars FCC Healthcare HIPAA Insurance Industry Life Insurance Money Market Funds Mortgages NAIC Private Equity Funds STOLI Unsolicited Faxes

New York’s Late Notice Statute Leaves No-Prejudice Rule Intact for Out-of-State Policies

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

1/14/2015 - Appeals Insurance Industry Late Notices Liability Insurance No Prejudice Rule

Like Hats and Belt Buckles, Indemnity Agreements in Texas Must be CONSPICUOUS

Earlier this month, the U.S. Court of Appeals for the Tenth Circuit held that Texas law allows an indemnity agreement to insulate a party from the consequences of its own, allegedly negligent conduct, but only if that feature...more

12/19/2014 - Appeals Construction Contracts Construction Industry Indemnity Agreements Insurance Litigation Kellogg Brown & Root Negligence

Appeals Court Vacates Order Granting Motion To Stop Arbitration

In Milan Express Co., Inc. v. Applied Underwriters Captive Risk Assur. Co., Inc., No. 14-5193 (6th Cir. Oct. 24, 2014), the Sixth Circuit Court of Appeals vacated the district court’s order granting plaintiff’s motion to stop...more

11/21/2014 - Appeals Arbitration Insurers

Court Denies Petition For Order Confirming Final Arbitration Award And Entry Of Judgment

In First State Ins. Co. v. Nationwide Mutual Ins. Co., No. 13-cv-11322-IT (U.S.D.C. D. Mass. Oct. 21, 2014), a petition for an order to confirm a final arbitration award and entry of judgment was denied. The court determined...more

11/20/2014 - Arbitration Arbitration Awards Insurers

Seventh Circuit Declines To Require Pre-Pleading Security From Uruguay’s State-Owned Reinsurer And Refuses To Compel Arbitration

The Plaintiff, Pine Top Receivables of Illinois, LLC brought an action in Illinois federal court against Banco de Seguros del Estado, an entity wholly owned by Uruguay. Pine Top claimed that Banco de Seguros owed Pine Top...more

11/19/2014 - Arbitration Breach of Contract Reinsurance Uruguay

McCarran-Ferguson vs. the FAA: Judge Posner Declares TKO in Favor of Arbitration

In a bout before the U.S. Court of Appeals for the Seventh Circuit, two heavyweight federal statutes squared off, with coverage for hundreds of long-tail, asbestos-related personal injury lawsuits on the line. In one corner:...more

11/7/2014 - Arbitration Arbitration Agreements Federal Arbitration Act McCarran-Ferguson Act

New Jersey Appellate Court Keeps “Running Spigot” Open on Allocation of Defense Costs Under Non-Eroding-Limit Fronting Policies...

New Jersey’s Appellate Division recently affirmed each of several challenged rulings rendered in a long-running coverage dispute between plaintiff IMO Industries and its many historical insurers arising from asbestos...more

10/24/2014 - Asbestos Asbestos Litigation Insurers

Life Insurer Prevails in First Circuit Appeal in ERISA Class Action Challenging Retained Asset Accounts

In a unanimous panel decision, the U.S. Court of Appeals for the First Circuit reversed a trial court’s ruling that the defendant, Unum Life Insurance Company of America (Unum), had breached fiduciary duties under the...more

10/22/2014 - Class Action ERISA Life Insurance Retained Asset Accounts

If it Races like a Tortoise: Connecticut Deconstructs a Policyholder

In Sonson v. United Services Auto. Ass’n No. 35890 (Conn. Ct. App. Sept. 16, 2014), an automobile policyholder had to show that a “racing” exclusion did not apply, so he argued that Achilles could never overtake the tortoise...more

10/2/2014 - Auto Insurance Car Racing Policy Exclusions

Washington Supreme Court Narrows Efficacy of Late Notice Defense

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

9/29/2014 - Duty to Defend Expedia Late Notices Liability Insurance Sales & Use Tax

With Sewers Backing Up, Messy Damage Claims are On the Rise

Many homeowners and other property insurance policies contain an exclusion to address one of the by-products of the increased frequency of severe weather: it bars coverage for property damage caused by “water which backs up...more


Tenth Circuit Reverses Trial Court Denial Of Motion To Compel Arbitration Of Wage Dispute

The Tenth Circuit Court of Appeals reversed a trial court order denying an employer’s motion to compel arbitration of a wage dispute under the arbitration clause contained in the plaintiffs’ Confidentiality/Non-Compete...more

9/24/2014 - Arbitration Confidentiality Agreements Employee Rights Employer Liability Issues FLSA Motion to Compel Non-Compete Agreements Wage and Hour Wages

Hawaii Enacts NAIC-Recommended Revisions To Credit For Reinsurance Law

Hawaii’s House/Senate conference committee cleared the way for passage by the full houses of NAIC’s Model Act on Credit for Reinsurance, to address NAIC’s recommended updates pursuant to its Solvency Modernization Initiative....more

9/24/2014 - Insurance Reform NAIC Reinsurance

Missouri Court Denies Reconsideration Of Order Quashing Subpoena Of Un-Issued Arbitration Award

Lincoln Memorial Insurance Company and Hannover Life Reinsurance Company of America became engaged in a long-running reinsurance dispute, arising from an allegedly fraudulent scheme by Lincoln and others in the sale of...more

9/5/2014 - Arbitration Arbitration Awards Motions to Quash Subpoenas

NAIC Executive Committee Adopts Framework For Changes To Captive Reserve Requirements

NAIC’s Executive Committee met at NAIC’s annual meeting in Louisville, Kentucky on August 16 and 17, 2014. The Executive Committee furthered its action on reserve requirements for captive reinsurers and adopted the “XXX/AXXX...more

9/2/2014 - NAIC Reinsurance Reserve

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