Communications & Media Science, Computers & Technology Insurance

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New Mandatory Exclusions in Standard CGL Policies Limit Coverage for Data Breaches

The insurance industry continues to respond to the growing threat of data breaches by directing businesses facing that risk towards new, risk-specific cyber insurance products, while attempting to restrict coverage for data...more

Lawsuit Against Medtronic Alleges Racketeering Over Infuse Bone Graft

When one big industry sues another we learn a lot about how business as usual is conducted. In this case Humana, a giant health insurer, has sued the medical device company Medtronic, maker of the Infuse bone graft. ...more

Will Heartbleed Affect Data Breach Insurance Coverage?

Although it is a widespread exploit that has been undetected for two years, whether or not a CGL policy covers data breaches allowed by Heartbleed should turn, simply, on whether the policy covers data breach at all...more

BELGIUM: Privacy Commission shows its teeth by setting up dedicated infringement task force

Yesterday, the Belgian Privacy Commission’s announced its intention to make enforcement its number one priority: - A dedicated inspection task force will be set up pro-actively monitoring companies and organisations...more

ISO's Newly-Filed Data Breach Exclusions Provide Yet Another Reason To Consider "Cyber" Insurance

Here a breach, there a breach, everywhere a data breach. Verizon’s most recent 2013 Data Breach Investigations Report remarks that “[p]erhaps more so than any other year, the large scale and diverse nature of data breaches...more

HHS To Revamp Limits On Payments To Pharmacies For Refill Reminder Programs

The HIPAA Privacy Regulations have long required covered entities to seek a patient authorization in order to use or disclose protected health information ("PHI") for marketing purposes. However, the Office for Civil Rights...more

OCR Guidance to Address HIPAA Marketing Turmoil

In response to a recent lawsuit and outcry from a variety of players in the health care market, the Department of Health and Human Services (“HHS”) has committed to issuing guidance by September 23rd (the compliance date for...more

Focus: “Home Insurance” : IVASS: Measure no. 7 of 16 July 2013 – New provisions concerning management of insurance relationships...

IVASS Measure no. 7 of 16 July 2012 (the “Measure”) implements article 22, paragraph 8, of Italian Legislative Decree no. 179 of 18 October 2012, converted into law no. 221 of 17 December 2012, and amends Isvap Regulation no....more

The Countdown Begins – Sunshine Act Data Collection

With the August 1 deadline for data collection under the Physician Payments Sunshine Act (the “Act”) looming, CMS recently released two mobile applications (“Apps”) to help physicians and industry track payments and transfers...more

mHealth Revenue Models: Finding the Right One for the Right App

One of the potentially thorniest issues that healthcare application developers should consider is what business model to employ in order to generate revenue, as this element of the business strategy has many facets and can be...more

Cloud Computing, Risk Management and Corporate Insurance

The cloud is all the rage these days. Cloud computing, that is. When a business uses a cloud computing service, its data storage and application server needs are handled by a third party provider that it can connect to via...more

Birmingham Medical News: I-Phone Or HIPAA-Phone?

With the recent issuance of the long-awaited final rule by the Department of Health and Human Services ("HHS"), the protection of patient information has been a hot topic among the health care industry the past few months....more

Feeling Cyber-Secure: Avoiding The Devastating Hacker

Pro-actively drafting cybersecurity policies and protocols is like doing a will for yourself, or an employee manual for your company. The thought process is that there is nothing imminently pressing that requires me to think...more

Cyber Risks: Creating A Comprehensive Cyber Insurance Program

Insurance is one important line of defense companies can use to protect against the potentially devastating costs of responding to cyber breaches. The following list gives examples of insurance coverage to consider when...more

Protect Your Business With Cyber Liability Coverage

Many insurers are now offering “cyber liability” or “cyber risk” policies designed to protect policyholders against electronic injuries that policyholders may either suffer themselves or cause to others. Most of these...more

Insurance Cybersecurity Regulations – What Insurance Coverage Do You Need?

On February 12, 2013, President Obama issued an executive order detailing his plan to improve critical infrastructure cybersecurity. In the Executive Order, President Obama notes that it is the policy of the United States to...more

FCC Creates an Annual $400 Million Healthcare Connect Fund for Broadband Services and Infrastructure

On Dec. 21, the FCC released its long-awaited Report and Order reforming its funding mechanisms for rural health care by creating a Healthcare Connect Fund (HCF) of $400 million annually....more

The Role of Commercial General Liability and Cyber Risk Insurance Policies in Mitigating Against the Risk of Data Privacy Breaches

Originally published in Privacy & Security Law Report, 11 PVLR 1430, 09/24/2012. Companies, organizations, and individuals throughout the world reap significant benefits of having access to the internet. Since the 1990s,...more

IP Liability Insurance: Do You Have the Protection You Think You Have?

Given the risks and costs of intellectual property (IP) infringement claims (even when your company isn’t found liable), most companies ideally want coverage of perceived infringement of the products they sell or the services...more

Ten Minute Social Media Insurance Coverage Primer By: Olivera Medenica

Originally Given as part of a lecture to the New York State Bar Association on Friday, May 20, 2011. This outline was provided to the at the New York State Bar Association as a primer for lawyers not familiar with...more

Limiting Potential Liability for Off Label Drug Marketing Through Risk and Claims Management,

Originally published in Bloomberg Law Reports, July 15, 2011. As plaintiffs’ law firms and state and federal governments continue to scrutinize “off-label marketing,” drug manufacturers may become increasingly...more

Fessing Up To Facebook: Recent Trends in the Use of Social Network Websites for Insurance Litigation

Abstract: For professional "fact-gatherers" such as lawyers, insurance adjusters, claims handlers and private investigators, the vast wealth of information that people volunteer on Facebook can be a goldmine or a...more

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