News & Analysis as of

Commercial General Liability Policies Data Breach

Perkins Coie

Seventh Circuit Ruling on Insurance Coverage for Biometric Privacy Class Actions Strays From Trend Protecting Policyholders

Perkins Coie on

In light of the continuing barrage of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), companies should be able to rely on their general liability (GL) insurers to defend and indemnify them from...more

HaystackID

Alarming Insurance Gaps and Soaring Breach Rates Call for a United Front in Cybersecurity

HaystackID on

Editor's Note: The convergence of CYE's and Surfshark's analyses reveals a critical juncture in the fight against cyber threats. With the U.S. leading global data breaches and businesses facing significant insurance coverage...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Insuring Innovation: Protecting Your Organization in the Age of Generative AI

The decision to integrate Generative AI (“GAI”) into an organization is one that occupies significant space these days in many corporate board rooms. In today’s rapidly evolving business landscape, the adoption of GAI...more

Cozen O'Connor

Is there CGL Coverage for Cyber Breach Claims?

Cozen O'Connor on

The coverage dispute in Home Depot, Inc., et al v. Steadfast Insurance Company, et al. arises out of a 2014 data breach of millions of Home Depot’s customers’ payment information. As a result of the breach, the financial...more

Lowenstein Sandler LLP

“Keeping Track” of Your Cyber (and Other) Coverage Part II

Lowenstein Sandler LLP on

On this episode of Don't Take No for An Answer, host, Lynda A. Bennett, Partner and Chair of Lowenstein’s Insurance Recovery Group, is joined by David Anderson, Vice President, Cyber Liability at Woodruff Sawyer, and Heather...more

Ervin Cohen & Jessup LLP

Insure Against Data Breaches Suffered By Vendors and Service Providers

Over the last several years several companies, including Marriott, Yahoo and Volkswagen, have been victimized by hackers breaking into a company’s computer network. In some cases, they have put confidential information on the...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Cybersecurity Insurance: Circuit Courts Weigh in on Insurers’ Liability for an Insured’s Losses Stemming from a Data Breach

When a cybersecurity-related incident occurs, an insured should not automatically assume a standard commercial general liability (CGL) policy issued by an insurer will cover their losses, as CGL policies generally afford...more

Farella Braun + Martel LLP

Continuing Use of CGL Policies to Cover Data Breach Losses

Our lives and the products and devices we use become more dependent on data by the day. As a result, cyberattacks and data breaches present everchanging risks to companies and individuals, and the importance of applicable...more

Brooks Pierce

Rethinking Your Cyber Insurance Needs as Your Workplace Evolves

Brooks Pierce on

The past 20 months have created a lot of transitions in how people work. Some companies still have the majority of their employees working remotely and intend to keep it that way permanently. Other businesses have tried to...more

Ervin Cohen & Jessup LLP

Ruling Breaks New Ground For CGL Policy Data Breach Coverage Hackings

A recent case from the 5th U.S. Circuit Court of Appeals breaks new ground on the question of whether a commercial general liability policy provides coverage for damages arising from a data breach caused by a third-party...more

Pillsbury - Policyholder Pulse blog

Your CGL Policy May Provide Coverage for a Data Breach

As cybercrimes and data breaches continue to cause significant damage to companies of all types, policyholders are looking to their various insurance policies for coverage to help weather the storm and recoup losses. A recent...more

Carlton Fields

Target Data Breach Not Covered Under CGL Policy: Court Rejects “But-For” Theory for Loss of Use Damages Where There Was No...

Carlton Fields on

Following a 2013 data breach in which the credit and debit card information of more than 110 million customers was stolen or exposed, Target Corp. sought coverage from its CGL insurers for $74 million that it incurred in...more

Ervin Cohen & Jessup LLP

Insureds Seek Coverage For Breaches Under Traditional Policies

There have been a number of high-profile insurance coverage cases arising from losses due to cyber fraud – especially data breaches, "spoofing'' and payment instruction fraud. While cyber insurance is specifically designed to...more

Robinson+Cole Data Privacy + Security Insider

Cyber Claim Trends Outlined in Coalition Report

Cyber liability insurers are in a good position to provide insight into the types of cyber incidents that are hitting the industry. Coalition, a provider of cyber insurance globally, which “serves over 25,000 small and...more

Ervin Cohen & Jessup LLP

Can Companies Be Liable If Third-Party Contractors Suffer Data Breaches?

The California Consumer Privacy Act became effective on Jan. 1. Included among its provisions is the grant of a private right of action on behalf of any consumer “whose nonencrypted and nonredacted personal information…is...more

Partridge Snow & Hahn LLP

Bringing Your Business Online: Cyber Insurance

The current COVID-19 pandemic has forced many businesses online in order to survive. In many cases, businesses had no plans to be online. Others were forced to move online more quickly than planned. In order to assist these...more

Farella Braun + Martel LLP

[Webinar] How California’s Consumer Data Collection and Protection Laws Impact Your Wine Business - March 25th, 8:00 am - 9:30 am...

Whether in connection with their marketing programs or other data-driven initiatives, wineries and wine clubs are becoming more reliant on the data of their customers. Those that are collecting consumer data need to be aware...more

Farella Braun + Martel LLP

Time to Check Your Cyber Insurance

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 1. ...more

Pillsbury - Policyholder Pulse blog

Cyber Coverage by any Other Name Can Smell as Sweet. Maryland Court Rules Traditional Property Policy Covers Loss of Data and...

Cyberattacks are an increasingly frequent and costly risk faced by almost every business today. While the availability and scope of cyber-specific insurance has developed exponentially over the past few years, it is important...more

Farella Braun + Martel LLP

[Event] Privacy Please: How California’s Consumer Data Collection and Protection Laws Impact Nonprofits - February 27th, San...

Whether in connection with their marketing programs or other data-driven initiatives, nonprofit organizations are becoming more reliant on the data of their customers. Those that are collecting consumer data need to be aware...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - November 2019

In this month's edition, we examine the landmark data breach class action in the English High Court against Equifax, the FTC's complaint against data colocation company RagingWire and a Utah business-to-business company's...more

Butler Snow LLP

Failure to prevent a data breach is not likely to be covered by a traditional CGL insurance policy.

Butler Snow LLP on

In this high tech era we live in, creating, storing and using data is commonplace. The sheer quantity and scope of data has made protecting that data of paramount importance. Yet, every day we hear about another data...more

White and Williams LLP

Announced GDPR Fine Against Marriott Raises Reporting and Coverage Implications

White and Williams LLP on

Last week on July 9, 2019, the United Kingdom’s Information Commission Office (ICO) announced its intention to fine Marriott International £99.3 million (about $124 million), or 2.5% of Marriott’s worldwide annual revenue, in...more

McDermott Will & Emery

Courts’ Approach to Cyber Insurance Continues to Evolve

McDermott Will & Emery on

As more companies purchase cyber insurance to protect against the risks of computer hacking and data breaches, the body of law interpreting these policies is evolving rapidly. Risk managers and counsel should monitor these...more

Robinson+Cole Data Privacy + Security Insider

Limitation of Liability

I continuously confront vendors who say I am “the only” lawyer who objects to limitation of liability provisions that attempt to limit the liability of a security incident to the amount of the contract....more

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