Privacy Communications & Media 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

Denying Coverage Based on Advertising Injury, Court Finds Corporations are Not Persons

A New York appellate court recently found that a corporation is not the kind of "person" that can suffer a violation of privacy rights for purposes of advertising injury coverage. In Sportsfield Specialties, Inc. v. Twin City...more

Federal Court Undresses Urban Outfitters in Personal and Advertising Injury Coverage Dispute

In OneBeacon America Ins. Co. v. Urban Outfitters Inc., 2014 WL 2011494 (E.D.Pa. 2014), the Eastern District of Pennsylvania analyzed the application of “personal and advertising injury” coverage to alleged violations of...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

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

Redial; Third Circuit Again Rules that TCPA Claims Are Not Covered Under a CGL Policy

On January 9, 2014, the Third Circuit Court of Appeals again held that an insurance policy issued to class action defendants did not provide coverage for a claim brought under the Telephone Consumer Protection Act (TCPA)....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

Call Me, Maybe? A Nationwide Survey of Insurance Coverage for TCPA Class Actions

The Telephone Consumer Protection Act (TCPA) restricts telephone solicitations and limits the use of automatic dialing systems, prerecorded voice messages, SMS text messages, and faxes. TCPA plaintiffs typically claim that...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

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

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

Online Deal Programs and Merchant Liability

Unknown only a few years ago, online daily deal sites such as Groupon and LivingSocial have become a ubiquitous phenomenon, touted as being of considerable benefit to participating merchants. That may be so, but they also...more

TCPA Claims Arising From Junk Faxes Do Not Allege Unexpected or Unintended 'Property Damage'

U.S. District Court for the Northern District of Illinois In Maxum Indem. Co. v. Eclipse Mfg. Co., ___ F.Supp.2d ___, (N.D. Ill. June 13, 2011), the U.S. District Court for the Northern District of Illinois held that...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

E-mailer Beware: Texas Doctors Who Use E-mail Must Maintain Certain Policies and Procedures

While most businesses and industries have adopted electronic mail as a standard means of communications, this is not the case for many physicians. Although physicians and other health care providers may use e-mail to...more

Unsolicited Fax Advertising Does Not Constitute an “Advertising Injury”

Superior Court of Pennsylvania In Telecommunications Network Design and Paradise Distributing, Inc. v. Brethren Mut. Ins. Co., ___ A.2d ___, 2010 WL 3294319 (Pa. Super. Aug. 23, 2010), the Superior Court of Pennsylvania...more

More Reasons Why Facebook can be Dangerous to Your Workers' Comp. Case

Last year I published an article on this blog entitled "How Facebook Can Undermine Your Workers' Compensation Case." I pointed out then that the default "privacy" settings on Facebook offered very little privacy at all – your...more

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