Civil Procedure Privacy Insurance

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Policyholder Takes the Insurer’s Bait and Loses Coverage

In an interesting Order coming from the United States District Court in Western District of Washington, case no C13-1014 (National Union et al v. Coinstar), National Union skillfully avoided a bad faith claim by timely...more

Healthcare Legal News - July 2014 • Volume 4, Number 2

In This Issue: - DO SUBSIDIZED HEALTH CARE PLANS PURCHASED UNDER THE AFFORDABLE CARE ACT TRIGGER THE ANTI-KICKBACK STATUTE? The advent of federally subsidized private pay health insurance under the Affordable...more

US District Court in Ohio Finds Plaintiffs Have No Standing for Data Breach Class Action

The United States District Court for the Southern District of Ohio recently dismissed a class action seeking damages for injuries stemming from a data breach at Nationwide Mutual Insurance Company. Galaria v. Nationwide Mut....more

New York Supreme Court Finds that GL Insurers Have No Duty to Defend Sony for Class Actions Arising out of PlayStation Data Breach

In February of this year, in the matter of Zurich American Ins. Co. v. Sony Corp. of America, et al., case number 651982/2011, the New York Supreme Court ruled in favor of Zurich American Insurance Co. and Mitsui Sumitomo...more

Redbox Covers the Nation with Red Box DVD Rental Units, But its CGL Policy Doesn’t Cover Redbox

Companies facing liability for possible violations of privacy protection statutes are continuing to look to their traditional commercial general liability policies (“CGL”) for coverage. But, as Redbox recently discovered,...more

Personal Injury Coverage Does not Apply to Data Breach

According to a Law360 report, Sony Units Denied Coverage For Suits Tied To Cyber Attack (subscription required), a New York state judge ruled last Friday in the Zurich v. Sony insurance litigation that the stealing of...more

Illinois Court Holds Junk Fax Claim Not Within Products Coverage

In its recent decision in Windmill Nursing Pavilion v. Cincinnati Ins. Co., 2013 IL. App. (1st) 122431, the Appellate Court of Illinois, First District, had occasion to consider the scope of products-completed operations...more

Recent California Decision Upholds Data Breach Coverage

The U.S. District Court for the Central District of California recently upheld coverage under a commercial general liability policy for a hospital data breach that compromised the confidential medical records of nearly 20,000...more

Eleventh Circuit Affirms Dismissal of Claim against Insurer for Indemnification or a Defense for a Privacy Claim under a...

On October 22, 2013, in The Zodiac Group, Inc. v. Axis Surplus Insurance Co., the United States Court of Appeals for the Eleventh Circuit affirmed the district court’s dismissal of The Zodiac Group’s (Zodiac’s) claim against...more

Insurance Recovery Law -- Oct 29, 2013

California Insurance Dreamin’ - Why it matters: The Swanson decision establishes a clear boundary line for an insurer’s Cumis obligations. Just because a conflict existed at one point in the litigation and the insurer...more

California Court Finds Advertising Injury Coverage is Triggered by Medical Information Data Breach

On October 7, 2013, a federal district court in California held that the Advertising Injury coverage in a comprehensive general liability policy issued by Hartford Casualty Insurance Company (Hartford) covered two class...more

Second Circuit Rejects Strict Liability But Imposes Reasonable Care Standard on Disclosure of Personal Motor Vehicle Information

In a lengthy opinion that closely examined the legislative history of the Driver’s Privacy Protection Act (DPPA), the Second Circuit refused to impose strict liability on data brokers and resellers of personal information...more

Development In Social Media Discovery

Social media postings, messages and records are subject to discovery in lawsuits. But like other forms of discovery, there are limits. Courts don’t like fishing expeditions and will use state and federal laws to deny...more

Facebook No Friend of Yet Another MVA Plaintiff

Another Ontario Superior Court judge has ordered an MVA plaintiff to preserve, print, and produce to the defendant her Facebook photographs....more

Facebook No Friend of MVA Plaintiff

An Ontario Superior Court judge has ordered a plaintiff to re-attend an examination for discovery to answer questions about photographs of himself that he posted on his Facebook or MySpace pages. He also ordered the...more

Facebook No Friend for FSCO Claimant

A FSCO arbitrator has ordered a claimant to produce to the insurer all photographs with her image posted to her Facebook profile (including any limited-access or private portion of her profile) for the period May 5, 2008 to...more

Sony insurer challenges cyber liability claim; denies coverage

There is little doubt that the insurance industry will be seeing increased claims from insureds facing “cyber liability”. Insurers responding to such claims need to turn their minds to coverage issues for...more

Facebook Defence - 1,500 Pages Sought - Personal Injury Lawsuit - Part 5

Three Facebook and MySpace accounts were sought just one month prior to Trial. Motion denied, with leave not being granted to bring this motion after service of the Trial Record. ...more

Facebook Defence - Give Me Access! - Personal Injury Lawsuits - Part 4

Plaintiff's Facebook profile, title "The Jill Murphy Fan Club" had 366 "friends". Plaintiff sought damages for fibromyalgia and TMJ disorder and put her pre-accident activities into evidence. Facebook disclosure ordered. ...more

Facebook Defence Strikes Again in Personal Injury Lawsuits - Part 3

Plaintiff with over 200 "friends" in Facebook, on an account marked "private", was ordered to produce his entire Facebook profile to the defence in his car accident lawsuit. ...more

Prins v Michigan State Police et al

Court of Appeals Interprets 180-day Period within which to File FOIA Complaint

In a published decision, the Michigan Court of Appeals has interpreted the meaning of the statutory 180-day period within which a person has to file a complaint for a violation of the Freedom of Information Act (FOIA). The...more

Court Ordered “Independent Medical Exams” And The Standard Of Review - A Second Kick At The Can

Article by ICBC Injury Claims Lawyer Erik Magraken discussing Court ordered "Independent" Medical Exams in BC Injury Claims and the law regarding multiple exams and the standard of judicial review to overturn a Master's...more

ICBC Injury Claims And Your Privacy: The Implied Undertaking Of Confidentiality

Article by BC Personal Injury Claims Lawyer Erik Magraken discussing the implied undertaking of confidentiality when private information is shared with opposing counsel in a BC Personal Injury Lawsuit, specifically an ICBC...more

ICBC Injury Claims, Video Surveillance And Disclosure

Article by ICBC Injury Claims Lawyer Erik Magraken discussing video surveillance in BC personal injury claims and disclosure obligations of defendants. DISCLAIMER This article is authored by British Columbia personal...more

Can ICBC Talk To My Doctors About My Injuries?

Article by ICBC Injury Claims Lawyer Erik Magraken discussing ICBC right to contact treating physicians when a person advances an injury claim either under Part 7 of the Insurance Vehicle Regulation or in...more

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