Though much of the conversation regarding insurance coverage for COVID-19-related losses has focused on the potential for business interruption-type coverage... insureds should not overlook the potential that COVID risks...more
Now that the CCPA is in effect, some companies will need to revise their policies.
The cyber insurance markets are beginning to adapt to the new California Consumer Privacy Act (CCPA) which went into effect on January...more
2/25/2020
/ California Consumer Privacy Act (CCPA) ,
Commercial General Liability Policies ,
Consumer Privacy Rights ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Personally Identifiable Information ,
Policy Exclusions ,
Popular ,
Privacy Laws ,
Risk Assessment
Recent wildfires in California Wine Country, particularly those that devastated parts of Napa and Sonoma counties in October 2017, have focused attention on whether insurance covers smoke taint damage to grapes and...more
2/4/2020
/ Agricultural Sector ,
Commercial General Liability Policies ,
Crop Insurance ,
Crops ,
Denial of Insurance Coverage ,
Insurance Industry ,
Policy Exclusions ,
Property Damage ,
Property Insurance ,
Wildfires ,
Wine & Alcohol ,
Wineries
In Pitzer College v. Indian Harbor Insurance Company, the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule is a fundamental public policy of...more
9/18/2019
/ Appeals ,
Breach of Contract ,
CA Supreme Court ,
Choice-of-Law ,
Commercial General Liability Policies ,
Consent ,
Contamination ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Late Notices ,
Notice Prejudice Rule ,
Notice Requirements ,
Policy Terms ,
Public Policy ,
Remediation ,
Summary Judgment ,
Third-Party Liability
In November, Tyler wrote about insurance issues raised by both the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act, which goes into effect on January 1, 2020. California’s...more
1/7/2019
/ Bodily Injury ,
California Consumer Privacy Act (CCPA) ,
Commercial General Liability Policies ,
Connected Cars ,
Connected Items ,
Cyber Attacks ,
Cyber Insurance ,
Data Security ,
Denial of Insurance Coverage ,
Denial of Service Attacks ,
Errors and Omissions Policy ,
General Data Protection Regulation (GDPR) ,
Governor Brown ,
Hardware ,
Insurance Brokers ,
Internet of Things ,
Internet Service Providers (ISPs) ,
Manufacturers ,
New Legislation ,
Personally Identifiable Information ,
Popular ,
Property Damage ,
Retailers ,
Risk Mitigation ,
Software ,
Technology Sector
A federal district court in Florida has ruled that a claim against a policyholder arising out of a hacker’s theft of confidential credit card information was not covered under a commercial general liability (CGL) policy. St....more
10/2/2018
/ Commercial General Liability Policies ,
Corporate Counsel ,
Credit Cards ,
Customer Information ,
Cyber Insurance ,
Data Breach ,
Denial of Insurance Coverage ,
Hackers ,
Negligence ,
Policy Terms ,
Publication Requirement
The California Supreme Court answered the Ninth Circuit’s certified question in Liberty Surplus Insurance v. Ledesma & Meyer Construction. The court rephrased the question presented to it as: “When a third party sues an...more
6/11/2018
/ CA Supreme Court ,
Commercial General Liability Policies ,
Construction Project ,
Duty to Defend ,
Employer Liability Issues ,
Hiring & Firing ,
Insurance Claims ,
Negligent Hiring ,
Negligent Supervision ,
Public Schools ,
Reservation of Rights ,
Reversal ,
Sexual Abuse ,
Third-Party ,
Willful Misconduct
When asked who should buy cyber insurance, one expert responded, “more companies than realize it.” The truth is, almost every company in the country collects its customers’ or its employees’ Personally Identifiable...more
On June 12, 2014, the California Supreme Court issued its decision in the closely watched case of Hartford Casualty Insurance v. Swift Distribution, Inc., S207172. I reported on the Court of Appeals decision last year on...more
The California Supreme Court has granted review of the Court of Appeal’s decision in Hartford Casualty Insurance Company v. Swift Distribution, Inc., 210 Cal. App. 4th 915 (2d Dist. Ct. App. Oct. 29, 2012), review granted 152...more