Commercial Law & Contracts, Insurance, Criminal Law

Insurance Coverage for Cyber Attacks

by Roberta Anderson | K&L Gates LLP on 5/8/2013

There’s no denying that the present-day Internet, while extraordinary, is increasingly scary. Cyber attacks of various types continue to escalate across the globe. As stated by one recent commentator: “Cybercrime is raging...more

Liability Insurers May Have Duty to Defend Against Federal Prosecutions, California Court of Appeal Holds

by James Hazlehurst | Barger & Wolen on 5/7/2013

The Second Appellate District of California held on May 1 in Mt. Hawley Ins. Co. v. Lopez that California Insurance Code section 533.5(b) does not eliminate a liability insurer’s duty to defend against a federal prosecution...more

Fourth Circuit Court Of Appeals Puts Teeth Into The "In Fact" Exclusions Of A D&O Policy

by Steven Brodie, Joseph Lang Jr., Sylvia H. Walbolt | Carlton Fields on 4/24/2013

In Farkas v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA, No. 12-1481, 2013 WL 1459248 (4th Cir. Apr 11, 2013), the Fourth Circuit Court of Appeals affirmed a decision that put teeth into the "in fact" exclusions of a...more

Service of Subpoenas on Syracuse University Seeking Evidence of Sexual Molestation is a “Claim” Giving Rise to Covered Defense...

by Richard Mason | Cozen O'Connor on 3/21/2013

In Syracuse University v. National Union Fire Insurance of Pittsburgh, PA, No. 2012EF 63 (Sup. Ct., Onondaga County, January 29, 2013), the New York Supreme Court, County of Onondaga, held that an insured’s costs incurred in...more

Looking Back on Appeals That Made a Difference

by Thomas Newman | Duane Morris LLP on 3/8/2013

Originally published in the New York Law Journal on March 6, 2013. Almost 50 years have elapsed between my first and most recent appearance before the New York Court of Appeals and a recent LEXIS search shows I...more

Wager, Insurance, Bucketing or Swap?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 3/5/2013

In yesterday’s post, I mentioned Professor Joan Heminway’s recent essay on crowdfunding. She notes that some crowd funding arrangements may “may look less like investment instruments commonly known as common stock or...more

Don't Let a Data Breach Diminish Your Retail Profits This Holiday Season

by Thomas (Tom) C. Bell, Vivek Chopra, Todd M. Hinnen, Selena J. Linde, Michael Sussmann | Perkins Coie on 11/30/2012

For the first time, online retail sales exceeded $1 billion on Black Friday and reached nearly $1.5 billion on Cyber Monday this year. Analysts expect this increase in e-commerce to continue, and Forrester Research estimates...more

Orrick's Policy Observer - October 2012

by Orrick, Herrington & Sutcliffe LLP on 10/5/2012

The Observer highlights significant developments in insurance recovery and risk management. In This Issue: - State of California v. Continental Insurance: Opinion Holds Insurers to Their Words - Sixth Circuit...more

$6.8 Million Hacking Loss Covered By Insurance

by Miller Canfield on 9/13/2012

If your organization suffers a loss as a result of someone hacking into your network, will your insurance policy's computer fraud rider cover the loss? The answer, of course, depends on the language of your policy and the...more

Sixth Circuit Holds Computer Hacking Losses Covered by Insurance

by BuckleySandler LLP on 9/10/2012

Last month, the U.S. Court of Appeals for the Sixth Circuit affirmed a district court holding that the computer fraud rider to a retailer’s Crime Policy covered losses resulting from the theft of customers’ financial...more

Crime (Policy) Does Pay – Sixth Circuit Holds That Endorsement of Crime Policy Covers Losses from Hacker's Data Breach

by Proskauer Rose LLP on 9/5/2012

Cyber hacking, data breaches and privacy concerns have become commonplace headlines. While not always front page news, one study reported on 1,700 instances of computer hacking, cyber terrorism, and other data breaches in the...more

Checked your insurance policies lately?

by Mintz Levin - Privacy & Security on 8/28/2012

In a ruling that might provide a new path to data breach insurance coverage, DSW Shoe Warehouse, Inc. has prevailed in its attempt to obtain insurance coverage for losses associated with a data breach under a commercial crime...more

Coverage for Theft of Customer Credit Card Information

by Farella Braun + Martel LLP on 8/28/2012

Last week, the U.S. Court of Appeals for the Sixth Circuit ruled that there was coverage for first-party and third-party losses arising from the theft of customer credit card information by hackers under a crime policy’s...more

No Duty to Defend Wrongful Death Action Where Death Was Classified as a Homicide

by Sedgwick LLP on 7/31/2012

In Galvani v. Tokio Marine and Nichido Fire Ins. Co., Ltd., 2012 WL 2568220 (N.D. Cal. July 2, 2012), the district court entered summary judgment for a homeowner’s insurer on the grounds that it had no duty to defend an...more

RI Court Holds No Coverage for Criminal Proceedings Involving Nightclub Tragedy

by Traub Lieberman Straus & Shrewsberry LLP on 5/1/2012

In its recent decision in Derderian v. Essex Insurance Company, 2012 R.I. LEXIS 54 (R.I. Apr. 27, 2012), the Supreme Court of Rhode Island had occasion to consider whether under a general liability policy, an insured was...more

California Court of Appeal Issues Two Rulings on Bail Bonds

by Barger & Wolen on 4/6/2012

During the past two weeks, the California Court of Appeal for the Fifth Appellate District handed down two decisions on the forfeiture of bail bonds. On March 21, 2012, the court in People v. International Fidelity...more

Fifth Circuit: Driving in Violation of Criminal Plea Is Not an "Occurrence" Under Texas Law

by Sedgwick LLP on 3/16/2012

In Wilkinson v. State Farm Lloyds, 2012 WL 89957 (5th Cir. (Tex.) Jan. 12, 2012), the U.S. Court of Appeals for the Fifth Circuit found that driving past the house of a sexual molestation victim in violation of a criminal...more

Insuring Against Cybercrime

by Orrick, Herrington & Sutcliffe LLP on 2/3/2012

Originally published in THE RECORDER February 3, 2012 edition At the same time as we begin to emerge from recent financial dislocations and economic turbulence — and as we face continued uncertainty in the Eurozone,...more

Weekly Law Resume - December 8, 2011: Insurance-Bad Faith-Theft Claim

by Low, Ball & Lynch on 12/13/2011

Greg Barnett v. State Farm General Ins. Co. Court of Appeal, Fourth District (October 31, 2011) This case considered the definition of “theft” in a homeowner’s policy as it relates to a search and seizure by the...more

Insurer Has Duty to Defend Sexual Abuse Claims Where Negligence of Partner Is Alleged

by Sedgwick LLP on 4/4/2011

In State Auto Property and Cas. Ins. Co. v. Kincaid, 2011 WL 344086 (C.D. Ill. February 1, 2011), the U.S. District Court for the Central District of Illinois, applying Illinois law, found that a commercial general liability...more

A Co-Insured's Arson Will Not Burn Coverage

by Manatt, Phelps & Phillips, LLP on 2/24/2011

A fire insurance policy that excludes coverage for intentional acts or criminal conduct of "any" insured does not preclude coverage for innocent insureds who suffer loss because of a co-insured's intentional or criminal acts....more

California Appellate Court Affirms Trial Court's Order Holding Putative UCL Class Should Not Be Certified

by Barger & Wolen on 11/2/2009

In a decision published October 26, 2009, a unanimous panel of the Fourth Appellate District, Division Three, affirmed the trial court’s order denying class certification in a case handled by Barger & Wolen, Kaldenbach v....more

Insurance Coverage For Arson

by Melito & Adolfsen on 9/30/2009

Can a business co-owned by an admitted arsonist who pleads guilty to mail fraud in connection with filing a false insurance claim recover under a fire insurance policy? Not possible, right? Please see full article below...more

IRS Offshore VDP -- Last Opportunity for Taxpayers to Avoid Criminal Prosecution and Penalties?

by Duane Morris LLP on 6/2/2009

As a result of the current state of the economy and recent calls for more regulation on international finance, it should come as no surprise that the federal government is seeking ways to close tax havens and increase...more

Plaintiff's interrgatorries for collections addressing a counterclaim

by Adam Tabak on 6/2/2009

In this case, I represent someone who gets paid only for succesfully arguing the value of taxable property. The defendant failed to pay despite the written contract. After I sued them, they responded with a counterclaim...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Commercial Law & Contracts › Insurance › Criminal Law