John Pitblado

John Pitblado

Carlton Fields

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Court Compels Non-Signatory Affiliates, But Not Broker, To Arbitrate Premium Payment Dispute

National Union Fire Insurance Company of Pittsburgh brought a petition in a New York federal court, to compel nine related companies to arbitrate a payment dispute relating to certain policies of insurance issued to the...more

9/22/2016 - Arbitration Commercial Insurance Policies Insurance Industry Motion to Compel National Union Non-Signatories Trucking Industry

NAIC's New Cybersecurity Model Law Draft Is Still Flawed

Insurers are a prime target for hackers as a result of the vast stores of valuable data they maintain. Not all information is created equal, and it varies in value. Hacker services and software, illegal drugs, cyberweapons...more

9/9/2016 - Biometric Information Cybersecurity Data Breach Data Security Insurance Industry Life Insurance NAIC Personally Identifiable Information Popular Task Force

New York Appellate Court Finds “Electronic Data” Exclusion Applies to Data Breach

The computer network of a Five Guys Burger franchise, RVST Holdings, LLC (RVST), was hacked. Customers’ credit card information was stolen and used to make numerous fraudulent charges. Trustco Bank brought an action against...more

7/18/2016 - Commercial General Liability Policies Corporate Counsel Credit Cards Cyber Attacks Cyber Insurance Data Breach Denial of Insurance Coverage Electronic Data Transmissions Fraudulent Charges Hackers Insurance Industry Personally Identifiable Information Popular Property Damage Restaurant Industry Summary Judgment

Defining the Contours of Cyber Coverage for Data Breach: a Warning in Arizona

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

Tenth Circuit Reverses UM/UIM Coverage Notification Class Certification

The named plaintiff in Soseeah v. Sentry Insurance had a Sentry auto policy. She declined UM/UIM coverage when she initially purchased her policy, and renewed annually thereafter. In 2010, the New Mexico Supreme Court held,...more

5/3/2016 - Auto Insurance Insurance Industry Insurance Litigation Policy Limits Uninsured and Under-Insured Motorists

Grateful Marijuana Grower Scores Coverage Victory in Colorado Federal Court

The Green Earth Wellness Center operates a retail medical marijuana business and adjacent growing facility in Colorado Springs, Colorado. In 2012, it purchased commercial insurance from Atain Specialty Insurance Company....more

4/20/2016 - Bad Faith Breach of Contract Commercial General Liability Policies Controlled Substances Decriminalization of Marijuana Insurance Claims Insurance Industry Marijuana Marijuana Related Businesses Medical Marijuana Wildfires

eCommerce Regulation, Bitcoin, Anti-Money Laundering, Shadow Insurance, 401(k) Litigation [Expect Focus – Vol. IV, Fall 2015]

IN THE SPOTLIGHT - - California Passes Life and Annuity Electronic Transactions Law LIFE INSURANCE - - Under a Spotlight, "Shadow Insurance" Lawsuit Fails Scrutiny - NAIC Evaluates Insurer’s Use of Variable...more

1/11/2016 - 401k Administrative Proceedings Big Data Bitcoin BSA/AML E-Commerce Medical Devices SEC STOLI Takedown Notices Variable Annuities

For Whom the Contractual Suit Limitation Period Tolls

Virginia’s Supreme Court recently addressed an issue of statutory interpretation that affects whether or under what circumstances a contractual suit limitation provision in an insurance policy may be tolled. In Allstate Prop....more

1/7/2016 - Allstate Denial of Insurance Coverage Homeowner's Insurance Insurance Industry Statute of Limitations Tolling Provisions VA Supreme Court

As TCPA Class Actions Soar, Issues Emerge in TCPA Coverage for Claims

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

12/7/2015 - ATDS Insurance Industry Liability Insurance Popular TCPA Telemarketing

McCarran-Ferguson Lands a Jab on the FAA

As we reported in this space late last year, the U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740, 1745 (2011), tilted the scales toward federal power in the field of arbitration, preempting...more

10/19/2015 - Arbitration Arbitration Agreements AT&T Mobility AT&T Mobility v Concepcion Bad Faith ERISA Federal Arbitration Act Insurance Industry Insurance Litigation Insurance Regulations McCarran-Ferguson Act Preemption SCOTUS

Phishing for Cybersecurity Coverage: When is a Fraud a “Computer Fraud”?

In late June, the New York Court of Appeals affirmed a trial court ruling that there was no coverage for a health insurance company policyholder, under a “Computer Systems Fraud” rider issued by its insurer, for an underlying...more

10/9/2015 - Appeals Commercial Insurance Policies Cyber Crimes Cyber Insurance Cybersecurity Data Security Fraud Fraudulent Wire Transfers Hackers Health Insurance Insurance Industry Medicare Advantage National Union Oil & Gas Phishing Scams Popular

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 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

63 Results
|
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×