Joseph Bermudez

Joseph Bermudez

Wilson Elser

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Jeep Hack Drives Cyber, Crisis, Liability and Supply Chain Coverage Issues

A recall notice to fix critical control software on 1.4 million vehicles should raise concerns for companies, brokers and insurers across several business lines. The vulnerability of vital control systems to a remote hacking...more

7/28/2015 - Auto Manufacturers Auto Parts Automobile Recall Automotive Industry Bodily Injury Commercial General Liability Policies Connected Cars Cyber Insurance Cyber Threats Cybersecurity Hackers Jeep Popular Property Damage Software Supply Chain Technology

Critical Regulations and Libel Suit Raise Adverse Publicity Coverage Issues

Brand is everything! The ability and opportunities to extend a brand’s reach are vast, with the smallest companies able to brand globally. Equally important is protecting an established brand. Competitors and consumers can...more

7/14/2015 - Brand Commercial Insurance Policies Crisis Management Food Safety FSMA Libel

California’s Highest Court Refuses to Review Denial of Coverage Under Contamination Products Insurance Policy for Ground Beef...

On May 20, 2015, the California Supreme Court denied Windsor Food Quality Company, Ltd.’s (Windsor’s) petition for review of the decision of the Court of Appeal for the Fourth Appellate District of California that denied...more

6/1/2015 - Appeals Bad Faith Certiorari Commercial Insurance Policies Declaratory Relief Denial of Insurance Coverage Food Contamination Food Recalls FSMA

Connecticut Supreme Court Affirms No Coverage for Lost Tapes Absent Publication of Data

In Recall Total Information Mgmt., Inc. v. Federal Ins. Co., SC19201 (Conn. May 18, 2015), the Connecticut Supreme Court held that where there was no factual support that anyone ever actually accessed private information...more

5/20/2015 - Commercial General Liability Policies CT Supreme Court Data Breach IBM Insurance Litigation

Allegations of Purposeful Data Withholding Do Not Trigger Cyber E&O Coverage

In Travelers Property Casualty Co. of America v. Federal Recovery Servs., Inc., Case No. 2:14-CV-170 TS (D. Utah May 11, 2015), the United States District Court for the District of Utah held that where a cyber liability...more

5/13/2015 - Cyber Insurance Duty to Defend Travelers Property Casualty Co.

Montana and Wyoming Expand Data Breach Notice Requirements

Companies that electronically store personal information about residents of Montana and Wyoming must now take note of additional notice requirements following data breach incidents. With the ever-increasing number of such...more

4/29/2015 - Amended Regulation Breach Notification Rule Data Breach Personally Identifiable Information

California Appellate Court Finds No Malicious Product Tampering Coverage for Westland’s Ground Beef

In 2008, Windsor Food Quality Company, Ltd. (Windsor) purchased Westland/Hallmark Meat Company’s (Westland’s) ground beef as an ingredient to be used in its José Olé® frozen food products. On January 30, 2008, the U.S....more

2/11/2015 - Food Manufacturers Food Recalls Food Safety Insurance Litigation Policy Limits USDA

North Korea’s Attack Raises Critical Coverage Issues and TRIA Implications

Potential Critical Coverage Issues - The FBI advised that the recent attack on Sony Pictures Entertainment (SPE) “destroyed systems” and “rendered thousands of SPE’s computers inoperable, forced SPE to take its entire...more

12/24/2014 - Corporate Counsel Cyber Attacks Cybersecurity FBI North Korea Popular Sony Terrorism Insurance TRIA

Data Security, Cyber Liability and First-party Costs for Mid Cap and Small Companies Are Reaching Catastrophic Levels

Curiously, while the numbers on data security and cyber liability losses have grabbed headlines, the published information has not focused on the insurance perspective. NetDiligence® recently released its Cyber Claims Study...more

12/16/2014 - Cyber Insurance Cybersecurity Data Protection Popular Small Business

Tenth Circuit: Property Damage Surrounding Defective Windows Is an “Occurrence” Because Damage Is Unexpected from Insured’s...

In Cincinnati Insurance Company v. AMSCO Windows, No. 13-4155 (10th Cir. November 26, 2014), Cincinnati insured AMSCO, which manufactures windows for use in homes and sells the windows to distributors. Certain AMSCO windows...more

12/11/2014 - Commercial General Liability Policies Construction Contracts Construction Defects Construction Industry Construction Project Design Defects Duty to Defend General Contractors Occurrence Property Damage Property Insurance

Cyber Voluntary Payment Defense Thwarted by Bank Fraud Regulation

Financial institutions are one of the entities most threatened by cyber crisis events. As data breaches and cyber threats become more inventive, the risks to financial institutions and their clients continue to grow. However,...more

10/9/2014 - Commercial General Liability Policies Cyber Attacks Cybersecurity Data Breach Financial Institutions Policy Exclusions Popular

FDA Outbreak Response Is Not a Constitutional Taking

Food companies are asking whether they can gain compensation from the United States government after a product recall. While the FDA Food Safety Modernization Act (FSMA) does provide for the possibility, a recent ruling by...more

10/2/2014 - Commercial General Liability Policies Court of Federal Claims FDA Food Manufacturers Food Recalls FSMA Liability Insurance

What's the One Thing Missing From Your Corporate Compliance Program?

What's the one thing missing from most corporate compliance programs? For a legal perspective, that's the question we put to corporate attorneys writing on JD Supra, asking each to commit to just one essential element...more

11/13/2013 - Chief Compliance Officers Compliance Corporate Culture Crisis Management Documentation DOJ Enforcement Actions Ethics FCPA Internal Controls Legal Perspectives Risk Management SEC

Long-Awaited Colorado Court of Appeals Stresscon Decision a Mixed Bag

Extends Notice-Prejudice Rule to Voluntary Payments under Liability Policies, Finds “Other Insurance” Clauses Curb Double Damages Penalties and Leaves Pertinent Bad Faith Question Unanswered - The Colorado Court of...more

9/27/2013 - Bad Faith Commercial General Liability Policies Damages Notice Prejudice Rule Prejudice Rebuttable Presumptions

Lives and Businesses Interrupted by Rocky Mountain Floods

Over the past several days, severe flooding has inundated several states in the Rocky Mountain Region. Following the nearly fifteen inches of rain dumped on parts of Colorado, the resulting floods continue to wreak havoc in a...more

9/19/2013 - Business Interruption Flood Insurance Flood Zones Flooding Property Damage State of Emergency

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