Science, Computers & Technology Insurance Civil Procedure

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Arizona Federal District Court Finds No Coverage for P.F. Chang’s for PCI Assessments

In one of the first decisions construing coverage under a stand-alone cyber insurance policy in the wake of a large-scale cyber security breach, the Arizona Federal District Court rejected restaurant franchisor P.F. Chang’s...more

Chinese Leftovers: P.F. Chang’s Not Entitled to $2 Million in Breach Costs

In what is thought to be the first published decision in a cyber insurance coverage case, popular Chinese restaurant chain, P.F. Chang’s, was denied coverage for certain costs incurred as a result of a 2014 data breach....more

Insurer Held to Have Duty to Defend Allegations that Patients’ Medical Records Were Accessible Via Google Search

The Fourth Circuit Court of Appeals recently held that an insurer had a duty to defend an insured against class action allegations that the insured posted confidential medical records on the Internet. Two patients at Glen...more

Burr Alert: Two Federal Courts of Appeal Find Insurance Coverage for Data Breaches

Cases with intersecting issues of data breach and insurance coverage continue to slowly wind their way through the court system. After a number of past losses dealt to insureds who sought insurance coverage under their...more

Fourth Circuit Affirms Insurance Coverage for Cyber Claim Under CGL Policy

In a decision issued April 11, the Fourth Circuit added to a small but growing body of case law across the country finding coverage for cyber claims under traditional general liability insurance policies. In Travelers...more

Policyholder Takeaways From Portal

In a solid victory for policyholders, the Fourth Circuit upheld coverage last week for a potential data breach incident involving confidential medical records. The case is The Travelers Indemnity Co. of America v. Portal...more

Fourth Circuit Finds That Traditional CGL Policies May Continue to Provide Coverage for Cyberliability Claims

A federal U.S. Court of Appeals has confirmed that comprehensive general liability (CGL) and other traditional policies may yet be a source of liability insurance coverage for cyberliabilities. Although a dedicated...more

Hanging Around: Fourth Circuit Confirms the Coverage for Data Breach Can Still Be Found in Traditional Liability Policies

With today’s increased focus on data breaches and related cyber liability exposure, the insurance market continues to develop policies tailored to this unique risk. Insurers are also excluding cyber risks in many traditional...more

Fourth Circuit Expands Cyber Coverage under Commercial General Liability Policies

The United States Court of Appeals for the Fourth Circuit recently affirmed a decision by the United States District Court for the Eastern District of Virginia, Alexandria Division (District Court), finding that Travelers...more

Fourth Circuit Holds that a Data Breach Is Covered by a Commercial General Liability Policy

In an unpublished opinion issued on April 11, 2016, the Court of Appeals for the Fourth Circuit held in The Travelers Indemnity Co. of Am. v. Portal Healthcare Solutions, L.L.C. that Travelers must defend a medical records...more

Court Upholds Coverage Under General Liability Policy for Claim Alleging Failure to Protect Data

In an encouraging development for insureds, the United States Court of Appeals for the Fourth Circuit held that a health care company’s general liability insurer was required to defend the company against claims stemming from...more

Big Win For Policyholders in Fourth Circuit Finding Duty to Defend Under General Liability Policy for Data Breach!

This week, the Fourth Circuit affirmed the lower court’s ruling of summary judgment in favor of the policyholder Portal Healthcare, finding that Travelers has a duty to defend it under a General Liability policy for a...more

Fourth Circuit Finds Coverage for Information Breach under CGL Policy

For policyholders and attorneys that have feared the lack of coverage for data breaches under traditional policies (CGL, property), a recent ruling suggest that it is not time to write off those policies as a potential source...more

Trustwave Case Highlights Cyber-Risk to Professional Service Providers

In a case that we believe reflects a real future trend in the cyber-risk industry, Las Vegas casino operator Affinity Gaming (“Affinity”) is suing Chicago-based IT security firm Trustwave Holdings, Inc. (“Trustwave”) for...more

Policyholder’s Bad Faith Claim Against Cyber-Insurer Survives Summary Judgment

In follow up on an older entry, the Court in Travelers Prop. Cas. Co. of Am. V. Fed. Recovery Servs., recently issued another order granting partial summary judgment in favor of a cyber-insurer, but also allowed the bad faith...more

US District Court in Southern California Rules No Coverage for HIPAA Investigation

The District Court for the District of Southern California was asked to reconsider its prior decision issued on motions for summary judgment in coverage litigation between Millenium Labs, Inc. (“Millenium”), and its insurer,...more

Another Cyber Coverage Gap? Some Carriers Resisting Coverage Of Commercial Cyber Fraud

In the fast-developing world of cyber threats and corresponding cyber coverage, at least two insurance carriers are pushing back against covering losses arising out the transfer of funds to cyber fraudsters after employees...more

You Could Lose More Than Just Customers: Why You Should Lock Up to Crack Down on Cyber Risks

The most searched word around the office is “cybersecurity”. This year promises to hear myriad cases centered on this suddenly-forefront topic. The issue of security for virtual information has been around for years, but with...more

Are you covered? Emerging issues for health care providers under cyber risk insurance

Providers are focusing on cybersecurity with increased urgency. Cyberattacks on health-care organizations reached an all-time high in 2015 and aren't expected to slow down in 2016, Harry Greenspun, director for Deloitte's...more

Skirmishes Along The Cyber Coverage Frontier: Hotel Monteleone And Lloyd’s Of London Fight Over PCI-Related Losses After Data...

While the market for specialty cyber insurance policies has heated up considerably over the past few years, a good deal of uncertainty still affects the market as the scope of these newly-minted policy provisions remains...more

May Vermont Apply Its Health Care Database Law to the Third-Party Administrator for a Self-Insured ERISA Plan?

Vermont requires all public and private entities that pay for health care services provided to its residents to supply data to its "all-payer database." The requirements apply to insurers and third-party administrators, among...more

Health Update - December 2015

Lessons from Hawaii's Trailblazing ACA 1332 Waiver Proposal - Editor's Note: On September 9, Hawaii became the first state to post a draft 1332 waiver proposal for public comment. While Hawaii's proposal focuses on the...more

Triple-S Management Corporation Will Pay $3.5 Million To Settle Potential HIPAA Violations

On November 30, 2015, the United States Department of Health and Human Services Office for Civil Rights (“OCR”) announced that Triple-S Management Corporation had agreed to pay $3.5 million to settle potential violations of...more

November 2015: Insurance Litigation Update

Recent Cases Highlight Need for, and Potential Limitations of, Cyber Insurance Policies. Although the July 2015 hack of the Ashley Madison adultery-oriented online dating service has brought issues regarding the protection of...more

Mind The Gaps: Path To Privacy And Cyber Related Insurance Coverage Remains Uncertain

As lawsuits against companies for breach of privacy-related laws and cyber security failures continue to rise, the only thing that is certain is that it is uncertain just how much coverage is out there under commercial...more

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