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Hinshaw & Culbertson - Insights for Insurers

Key Insurance Cases and Developments – 2022 In Review

After a brief abatement due to pandemic-related litigation delays and court closures, social inflation returned with a vengeance replete with numerous nuclear jury verdicts. Although a case in any state is capable of...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

Morgan Lewis

Mitigating Energy Sector Risks Through Cyberinsurance

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Energy companies in the power and oil and gas sectors are leading targets of cyberattacks, as threats to critical infrastructure systems continue to rise. A 2021 report by a third-party cyberrisk company found that a quarter...more

Brooks Pierce

Rethinking Your Cyber Insurance Needs as Your Workplace Evolves

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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

Cozen O'Connor

Global Insurance Perspectives on Climate Change

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Evolving climate change data presents an ominous trend that has the potential to upend historical assumptions of actuarial science. For example, in the last several years global risk markets have weathered historically...more

White and Williams LLP

The ABCs of PFAS: What You Need to Know About Liabilities for the “Forever Chemical”

Perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS or PFOS, have been a key ingredient in numerous industrial and consumer products for decades. These man-made chemicals are prevalent and are also...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

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

Morgan Lewis

Directors’ and Officers’ Liability in Kazakhstan

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Directors and officers of private companies are responsible for managing and running business. This responsibility is not limited to disciplinary liability (such as termination of employment), but also involves civil law...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

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - April 2019

In this month's Privacy & Cybersecurity Update, we examine several recent U.K.-related cybersecurity developments and the SEC's risk alert reminding investment advisers and broker-dealers to follow through on implementing...more

Blank Rome LLP

An Overview of Intellectual Property Insurance Issues

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The strategic importance and economic value of intellectual property (“IP”) can hardly be overstated in today’s global marketplace. Recognizing this, companies devote considerable time and resources to protect their vital IP...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

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - October 2018

In this month's edition of our Privacy & Cybersecurity Update, we examine the European Data Protection Board's published opinions on data protection impact assessments, an Ohio court's ruling that bitcoin is covered insured...more

Carlton Fields

Failure To Procure Cyber Insurance Could Haunt Your Company

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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

Lowndes

Don’t Expect Commercial General Liability Insurance Policies to Protect Against Cyber Breach or Crime

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Almost a year after Middle District Judge Mary Scriven’s instructive decision in Innovak Int’l, Inc. v. Hanover Ins. Co. in which she declined to hold that a traditional commercial general liability (CGL) policy, as drafted,...more

Steptoe & Johnson PLLC

First Look - Summer 2018: Insurance Newsletter

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Your company’s computer system has been compromised by a hacker. From your initial investigation, you discover that the hacker has accessed proprietary company information and customer information including Social Security...more

Saul Ewing LLP

Ohio Supreme Court May Expand Insurance Coverage Under General Contractor’s CGL Insurance for Damages Caused By Defective...

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In recent years, courts in several states have held that a general contractor's commercial general liability ("CGL") insurance policy may provide coverage for damage caused by a subcontractor's defective construction work....more

White and Williams LLP

Does the Fifth Circuit’s Decision in Spec’s Suggest a Breach for Cyber Coverage Into Other Insurance?

Despite the existence of cybersecurity insurance, companies still seek coverage for cyber liability under various types of other insurance. Carriers, in turn, rely upon broad exclusions to limit coverage for risks never...more

Blank Rome LLP

Seeking Insurance Coverage for Data Breach Claims? A Recent Case Confirms that Certain D&O Policies Potentially Provide Coverage

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Businesses are increasingly purchasing dedicated cyber insurance policies to address their cyber and data security exposures. To date, however, many of the judicial decisions addressing insurance for cyber exposures have done...more

Blank Rome LLP

CGL Coverage for Cyber Data Breaches: Court Finds No Coverage unless the Policyholder Itself Publishes the Private Information

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As cybersecurity incidents continue to mount and as the issue of data security becomes increasingly important and a source of potential liability, companies should consider whether their standard commercial general liability...more

Carlton Fields

CGL Policies And Data Breaches: No Publication, No Coverage

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As cyber hacking and phishing schemes become more common, one issue that is often raised is whether, and to what extent, damages resulting from these incidents fall within the coverage afforded under a standard commercial...more

Partridge Snow & Hahn LLP

Is Your Business Insured Against A Cyber Attack?

Your business has insurance coverage for flood and fire damage. You are protected if an employee gets into a car accident. But are you covered for a cyber attack?...more

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