News & Analysis as of

Commercial General Liability Policies Errors and Omissions Policy

Wiley Rein LLP

Illinois Appeals Court Holds an Ankle Monitor Is “Potentially” Computer Hardware Triggering Duty to Defend Under Technology E&O...

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An Illinois appellate court, applying Illinois law, has held that a professional liability carrier had a duty to defend an ankle monitoring company against a lawsuit alleging bodily injury while wearing the ankle monitor...more

Wiley Rein LLP

Threat of Bad Faith Does Not Constitute a “Claim” Under Insurance Company’s Professional Liability Policy

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An Ohio federal court, applying Ohio law, has held that a letter threatening a bad faith action against an insured insurance company did not constitute a “Claim” for the purposes of the company’s errors and omissions...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

Ervin Cohen & Jessup LLP

Traps for the Unwary: Reporting Requirements Under Liability Policies

Companies reporting liability insurance claims need to be aware that the pertinent rules vary depending on whether a policy is “claims made and reported” or “occurrence”. Most, if not all, Directors and Officers and Errors...more

Wiley Rein LLP

Insurer With Excess “Other Insurance” Clause Owes No Defense Obligations

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The United States District Court for the Southern District of New York, applying New York law, has held that an E&O insurer had no obligation to contribute toward the defense of an underlying matter in light of its policy’s...more

Woodruff Sawyer

Managed Care Organization (MCO) Insurance Trends: Expect Another Year of Double-Digit Rate Increases

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The market for “signature risks” in the managed care organization (MCO) sector—errors and omissions (E&O), directors and officers (D&O), and cyber—remains hard, with double-digit rate increases being the norm for the fifth...more

Wiley Rein LLP

Settlement Paid to States to Resolve HIPAA and Consumer Protection Law Claims Constitutes Non-Covered “Fines and Penalties”

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Applying Washington law, the United States District Court for the Western District of Washington has held that an insured’s payment to resolve claims brought by state attorneys general for HIPAA violations and consumer...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

Bowditch & Dewey

Extending Liability Coverage By Providing Notice of Circumstances

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Litigation concerning COVID-19 has already begun. A number of lawsuits have been filed against cruise lines alleging that they were negligent by operating with infected passengers and crew members and failing to screen...more

Payne & Fears

Is Your Business Insured for the Coronavirus?

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How bad will the pandemic get? How much will it spread in the United States? Will we develop a vaccine in time to do any good? As insurance lawyers, we have no idea. But we can help you figure out whether your business is...more

Jones Day

Time for a Policy Checkup: Maximizing Insurance Coverage for Coronavirus Losses

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The Situation: Declared a global health emergency by the World Health Organization, and with more than 17,000 cases already confirmed worldwide, preliminary estimates indicate that the latest coronavirus outbreak may not peak...more

Farella Braun + Martel LLP

Are You Covered for California’s New Iot Laws?

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

Dentons

Don’t Judge an Insurance Policy by its Cover

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Whether you are a developer, builder, design professional, subcontractor, or supplier, one of the most important aspects of risk management is ensuring both you, and any entities with whom you contract, have good insurance....more

Bryan Cave Leighton Paisner

Insurance Coverage and the Telephone Consumer Protection Act

The past several years have seen an explosion in class action cases brought under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C 227. The TCPA generally restricts telemarketing phone calls and the use of automated...more

Farella Braun + Martel LLP

5 Insurance Tips for Emerging Companies

When a new company moves to secure funding and formalize operations, insurance is often an afterthought. But with a bit of effort, emerging companies can obtain strong insurance protection, maximize their existing coverage,...more

King & Spalding

How to Protect Your Company’s Bottom Line Against Data Breach Losses Through Insurance

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In the wake of what seems to be daily announcements of new data security breaches and increased regulatory oversight over company information security and privacy practices, companies are looking for ways to minimize risks...more

Mintz - Privacy & Cybersecurity Viewpoints

Privacy Tuesday – June 2015 – Courts Affirm Insurers’ Denial of Coverage for Electronic Data Claims  

In the last month, both a federal and state court denied coverage for claims relating to an insured’s handling of electronic data. In the first case, a federal court held that there was no coverage under a cyber insurance...more

K&L Gates LLP

Five Steps To Data Breach Coverage For Card Issuer Liability

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Target’s $19 million settlement with MasterCard underscores very significant sources of potential exposure that often follow a data breach incident. In the wake of any significant breach involving payment cards, such as the...more

Dickinson Wright

Tennessee Insurance Legal News - June 2013 • Volume 2, Number 2

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In This Issue: - TENNESSEE ATTORNEY GENERAL HOLDS THAT TENNESSEE STATUTE PROHIBITING PREFERENCES OR DISTINCTIONS IN CERTAIN INSURANCE TRANSACTIONS IS NOT UNCONSTITUTIONAL: In its April 24, 2013 opinion, the...more

McNees Wallace & Nurick LLC

How Long Should I Keep My Insurance Policies?

Policyholders often ask, “How long should I keep my insurance policies?” Is it three years? Seven years? The short answer is none of the above. Here are some brief recommendations regarding document retention for insurance...more

McNees Wallace & Nurick LLC

Is That Covered? How Long Should I Keep an Insurance Policy?

Here's an often asked question: "How long should I keep my insurance policies?" Is it three years? Seven Years? The short answer is none of the above. Here are my recommendations...more

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