Traub Lieberman Straus & Shrewsberry LLP

Understanding Cyber Liability Insurance Coverage

The last two years of headline news about cyber-breaches and computer system malfunctions have led a rapidly-growing number of companies to purchase insurance coverage to protect themselves from technology and cyber privacy…more
| Insurance, Science, Computers, & Technology

Pennsylvania Supreme Court Holds Insured Entitled to Settle Underlying Claim Even Absent Insurer Consent

In its recent decision in Babcock & Wilcox Co. v. American Nuclear Insurers, 2015 Pa. LEXIS 1551 (Pa. July 21, 2015), the Supreme Court of Pennsylvania, deciding a matter of first impression within the Commonwealth, had occasion…more
| Civil Procedure, Insurance

“If You See Something, Say Something” Applies to Construction Contract Bidding

In Otis Elevator Co. v. W.G.Yates & Sons Construction Co., 589 Fed. Appx. 953; 2014 U.S. App. LEXIS 20214 (11th Cir. 2014), a subcontractor installed a series of escalators for an airport expansion project and sued the general…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law

9th Circuit Holds No Coverage for DVT Under Employee Death Benefit Policy

In Williams v. National Union Fire Insurance Company of Pittsburgh, PA, 2015 U.S. App. LEXIS 11642 (9th Cir. July 7, 2015), the Ninth Circuit Court of Appeals, applying California law, had the opportunity to consider whether a…more
| Insurance, Personal Injury

OCR Settlement with Massachusetts Hospital Over HIPAA Violations

On July 8, 2015, the United States Department of Health and Human Services, Office for Civil Rights (“OCR”), which enforces federal privacy standards for protected health information (“PHI”), settled an enforcement action…more
| Consumer Protection, Health, Privacy, Science, Computers, & Technology

US District Court in California Grants Sony Partial Dismissal in Data Breach Class Action

The United States District Court in California recently issued a decision granting in part and denying in part a motion to dismiss in the class action lawsuit brought against Sony Pictures Entertainment, Inc. (“Sony”), arising…more
| Civil Procedure, Labor & Employment Law, Science, Computers, & Technology

New York Court Enforces Voluntary Payment Provision

In its recent decision in SI Venture Holdings, LLC v. Catlin Specialty Insurance, 2015 U.S. Dist. LEXIS 89925 (S.D.N.Y. July 10, 2015), the United States District Court for the Southern District of New York had occasion to…more
| Environmental Law, Insurance

Pennsylvania Court Dismisses Class Action for Negligence and Breach of Contract Arising Out of Data Breach

In a recent decision in the matter of Dittman v University of Pittsburgh Medical Center, the Pennsylvania Court of Common Pleas dismissed a class action lawsuit arising out of a breach and theft of personally identifiable…more
| Communications & Media Law, Privacy, Science, Computers, & Technology

Ninth Circuit Holds Known Loss Language Inapplicable

n Kaady v. Mid-Continent Casualty Company, 2015 U.S. App. LEXIS 10754 (9th Cir. June 25, 2015) the United States Court of Appeals for the Ninth Circuit, applying Oregon law, had opportunity to consider the meaning of the…more
| Construction Law, Insurance

New Jersey Supreme Court Holds Award of Counsel Fees to “Successful Claimant” in Coverage Dispute is Not Contingent Upon Award of Damages in Underlying Suit

On May 7, 2015, in Occhifinto v. Olivo Constr. Co., LLC, 2015 N.J. LEXIS 508 (2015), the Supreme Court of New Jersey considered whether a party who prevailed against an insurer in a declaratory judgment coverage but did not…more
| Civil Remedies, Construction Law, Insurance

New York Court Holds Fraudulent Act Exclusion Applicable in LPL Policy

In its recent decision in Lewis & Stanzione v. St. Paul Fire & Marine Ins. Co., 2015 U.S. Dist. LEXIS 78259 (N.D.N.Y. June 17, 2015), the United States District Court for the Northern District of New York had occasion to…more
| Commercial Law & Contracts, Insurance, Professional Malpractice

Florida’s Third District Finds Existence of a Question of Fact Regarding Whether Notice of a Hurricane Claim was Timely Precludes Partial Summary Judgment

In Laquer v. Citizens Property Insurance Corporation, 2015 Fla. App. Lexis 7570 (Fla. 3d DCA May 20, 2015), the Third District reversed a trial court’s order granting partial summary judgment to an insurer because an insured’s…more
| Insurance, Real Estate - Residential

Virginia Federal Court Sustains Late Notice Disclaimer

In its recent decision in E Dillon & Co. v. Travelers Cas. & Sur. Co. of America, 2015 U.S. Dist. LEXIS 76295 (W.D. Va. June 12, 2015), the United States District Court for the Western District of Virginia, applying Virginia…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Insurance, Labor & Employment Law

Connecticut Supreme Court Affirms No Coverage under CGL Policy for Damages Arising from Lost Computer Tapes

The Supreme Court of Connecticut recently affirmed the lower court’s finding that no coverage obligation exists for insurers in Recall Total Info. Mgmt. v. Fed. Ins. Co., 2015 Conn. LEXIS 150 (Conn. May 26, 2015). Recall…more
| Civil Procedure, Commercial Law & Contracts, Personal Injury, Privacy, Insurance

New York Court Denies Insurer’s Motion for Summary Judgment Based upon Undefined Term “Occurrence” in Policy

In Rafer Rokeach v. Hanover Ins. Co., 2015 U.S. Dist. LEXIS 65801, *1-16 (S.D.N.Y. May 19, 2015), the U.S. District Court for the Southern District of New York examined the undefined term “occurrence” in the deductibles…more
| Civil Procedure, Commercial Law & Contracts, Insurance
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