A federal court in Florida recently adopted the now well-developed consensus that data breach losses are not covered under standard Commercial General Liability (CGL) policies....more
Cybersecurity awareness month is nigh upon us again, and thus perspective is in order. 2016 brought us the first collection and analysis of the nascent claims history of the burgeoning cyber-insurance market. On August 27,...more
10/4/2016
/ Commercial General Liability Policies ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Hackers ,
Healthcare ,
Identity Theft ,
Insurance Industry ,
Medical Devices ,
NAIC ,
Policy Terms
The computer network of a Five Guys Burger franchise, RVST Holdings, LLC (RVST), was hacked. Customers’ credit card information was stolen and used to make numerous fraudulent charges. Trustco Bank brought an action against...more
7/18/2016
/ Commercial General Liability Policies ,
Corporate Counsel ,
Credit Cards ,
Cyber Attacks ,
Cyber Insurance ,
Data Breach ,
Denial of Insurance Coverage ,
Electronic Data Transmissions ,
Fraudulent Charges ,
Hackers ,
Insurance Industry ,
Personally Identifiable Information ,
Popular ,
Property Damage ,
Restaurant Industry ,
Summary Judgment
A year ago in this space, we looked at the receding wave of coverage litigation regarding whether various cyber-related exposures were covered under traditional policies, such as CGL and professional liability policies. ...more
6/27/2016
/ Commercial General Liability Policies ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Debit and Credit Card Transactions ,
Insurance Industry ,
Liability Insurance ,
PF Chang's ,
Popular ,
Restaurant Industry ,
Risk Management
The Green Earth Wellness Center operates a retail medical marijuana business and adjacent growing facility in Colorado Springs, Colorado. In 2012, it purchased commercial insurance from Atain Specialty Insurance Company....more
4/20/2016
/ Bad Faith ,
Breach of Contract ,
Commercial General Liability Policies ,
Controlled Substances ,
Decriminalization of Marijuana ,
Insurance Claims ,
Insurance Industry ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Wildfires
Plaintiff, Technical Security Integration, Inc., a Washington company, sold certain security and surveillance equipment and services. It hired Corey Tharp as a sales associate in Oregon, to tap his connections to that state’s...more
9/30/2015
/ Arbitration ,
Arbitration Agreements ,
Casinos ,
Commercial Arbitration ,
Commercial General Liability Policies ,
Denial of Insurance Coverage ,
Gaming ,
Insurance Industry ,
Jurisdiction ,
Motion to Compel ,
Security ,
Surveillance
In This Issue:
- IN THE SPOTLIGHT
..Standard CGL Policy Form Adds Data Breach Coverage Exclusion
- LIFE INSURANCE
..Class Claims Against Lincoln National Barred in Section 419 Action – Again
...more
9/30/2014
/ Accredited Investors ,
Affordable Care Act ,
Burwell v Hobby Lobby ,
Class Action ,
Commercial General Liability Policies ,
Consumer Financial Protection Bureau (CFPB) ,
Creditors ,
Cyber Insurance ,
Data Brokers ,
Debt Collection ,
DMCA ,
Enforcement Actions ,
ESOP ,
Fair Credit Reporting Act (FCRA) ,
Fiduciary Duty ,
Foreclosure ,
Fraud-on-the-Market ,
Hallmark ,
Investment Adviser ,
Judge Rakoff ,
Life Insurance ,
NAIC ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Industry ,
Proxy Advisors ,
Putative Class Actions ,
Religious Freedom Restoration Act (RFRA) ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Strategic Enforcement Plan ,
Taco Bell ,
TCPA ,
Text Messages ,
Variable Annuities ,
Whistleblowers