Insurance Science, Computers & Technology Privacy

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Connecticut Enacts Act concerning the facilitation of telehealth

Public Act 15-88 is the first comprehensive law in Connecticut to address telemedicine (also referred to as “telehealth”), and to establish regulatory requirements for providing telehealth services, and mandates certain...more

New Case Highlights Deep Hole in Cyber Insurance Policies

Insurance policies covering data breach liability began appearing roughly ten years ago. We noted then a troublesome provision in some forms that seemed to exclude coverage for the insured’s failure to maintain data security...more

Hack Attack?

Breathing a sigh of relief that he neither works for U.S. agencies requiring security clearances nor do his hiring policies require the details of mental illnesses, drug and alcohol use, past arrests, bankruptcies, Joe Hyre...more

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

Don’t Wait Until It’s Too Late: Top 10 Recommendations for Negotiating Your Cyber Insurance Policy

As more and more companies of all sizes ranging across a wide spectrum of industries have been exposed to network and data security breaches in recent years, the market for insurance products dedicated to cover cyber risks...more

Connecticut Legislature Passes Bill Mandating Identity Theft Protection Services Following Data Breach

Connecticut’s legislature has passed a bill that imposes strict new timing requirements for entities conducting business in the state that experience a data breach, which Governor Malloy reportedly intends to sign into law. ...more

The Devil in the “Cyber” Insurance Details

There’s a tempest amidst the recent spring shower of “cyber” insurance cases. It isn’t the Recall Total case reported the week before last, or the Travelers v. Federal Recovery Services case reported the week before. While...more

Technology in Healthcare [Video]

From the 2015 PLUS Medical PL Symposium session “Technology in Healthcare: EHRs & PHI,” moderator Patricia Marzella-Graubert (Swiss Re American Holdings Corporation) and panelist Alexander Grijalva (New York Presbyterian...more

The Intersection of Cyber and D&O Coverage [Video]

From the 2015 PLUS D&O Symposium session “Parting Shots: A Conversation with Industry Leaders,” moderator James Skarzynski (Skarzynski Black LLC) and panelists Dan Fortin (Berkshire Hathaway Specialty Insurance), Lisa Butera...more

Doing Business In Connecticut? There's A New Data Security Law You Should Get To Know

This week the Connecticut House of Representatives passed Senate Bill 949, "An Act Improving Data Security and Agency Effectiveness," (the "Act") which includes new or modified State requirements concerning the security of...more

Privacy & Cybersecurity Update - May 2015

In This Issue: - Second Circuit Rules Patriot Act Does Not Authorize Bulk Metadata Collection; Congress Reconsiders Certain Patriot Act Authorities - SEC Issues Cybersecurity Guidance for Investment Companies...more

Insurers' Denials of Cybersecurity Claims Receive Judicial Support

Although cybersecurity-specific insurance has become more popular in recent years, some policyholders have attempted to obtain insurance for cybersecurity losses under their commercial general liability (CGL) policies. The...more

Connecticut High Court Weighs in on CGL Coverage for Data Breach

In a highly anticipated May 26th decision, the Connecticut Supreme Court ruled that two CGL insurers, Federal Insurance Company and Scottsdale Insurance Company, are not required to cover losses in connection with the...more

CareFirst, Third Major Health Insurer This Year To Be Hit By Cyberattack

On May 20, 2015, CareFirst BlueCross BlueShield (“CareFirst”) announced that it was the latest victim of a major cyberattack, with as many as 1.1 million plan customers affected. Current and former CareFirst members and...more

Connecticut Supreme Court’s Insurer-Friendly Decision on Data Breach Incident

On January 27, 2014, the Sedgwick Insurance Law Blog posted the following summary entitled, “ Highway Data Dump – Who are You Going to Call to Recover $6 Million?,” addressing the appellate decision in Recall Total Info....more

Will Your Cyber Insurance Respond When You Need It Most?

On May 7, Columbia Casualty Company, an insurance company, filed one of the first lawsuits by an insurer seeking to deny coverage for a privacy class action under a cyber insurance policy. Why is this significant? As the...more

Health Alert (Australia) - May 25, 2015

In This Issue: Judgments; Legislation; and Reports & Publications. Excerpt from Reports: Australian Medical Association (AMA) - 19 May 2015 - $19 billion pharmacy deal sign of skewed health...more

Cybercrime on the Rise: Targeting Banking Institutions and Insurance Companies

Security experts are warning that 2015 is the “Year of the Healthcare Hack” as media outlets continue to report on a number of high-profile companies that have recently experienced attacks by cybercriminals seeking valuable...more

Data Breach Insurance: Does Your Policy Have You Covered?

Recent developments in two closely watched cases suggest that companies that experience data breaches may not be able to get insurance coverage under standard commercial general liability (CGL) policies. CGLs typically...more

Data breach coverage denial upheld by Connecticut Supreme Court

In a 3 page per curiam decision issued this week, the Connecticut Supreme Court upheld a lower court’s decision holding in Recall Total Information Management, Inc., et. al v. Federal Insurance Company, that Federal Insurance...more

CareFirst Suffers Cyberattack, Data Breach of 1.1 Million Customers’ Information

BREAKING NEWS: Health insurer CareFirst BlueCross BlueShield disclosed today that hackers gained access to one of its databases, exposing personally identifiable information for approximately 1.1 million people....more

Connecticut Affirms Personal Injury Coverage for Data Breach Requires Actual Publication

As expected, the Connecticut Supreme Court has affirmed decisions by both the trial court and intermediate appellate court that personal injury liability coverage for a business’s data loss or theft requires publication as a...more

Recent Lawsuit Underscores Critical Lessons for Purchasers of Cyber Insurance

Columbia Casualty Company v. Cottage Health Systems, No. 2:15-cv-03432, was filed on May 7, 2015 in the Central District of California. Cottage Health is one of the first cases nationwide—if not the first case—in which the...more

CNA Denies Cyber Insurance Claim

Key takeaway: The insurance applications and underwriting questionnaires prepared in connection with cyber insurance do matter. Cyber security, and cyber insurance, have dominated the industry headlines for several...more

To Err Is Human; to Indemnify, Divine?: Human Foibles in the Cloud

BakerHostetler’s inaugural Data Security Incident Response Report (the “Report”) concluded that employee negligence and theft were two of the top five causes of data security incidents for the more than 200 incidents that we...more

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