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Data Breach › Electronic Medical Records › Class Action

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 22, Number 1. Privacy Briefs: January 2022

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Report on Patient Privacy 22, no. 1 (January, 2022) - New Jersey issued its third settlement in three months on state-level health care privacy and security laws, announcing that three cancer care providers would adopt new...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 21, Number 9. Privacy Briefs: September 2021

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 21 no. 9 (September, 2021) - DuPage Medical Group in Chicago said that the personal information of more than 600,000 patients may have been compromised in a July cyberattack. The medical group,...more

Ballard Spahr LLP

Data Breach Class Action Reinstated Against Horizon Healthcare Services Inc.

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The U.S. Court of Appeals for the Third Circuit has vacated a district court's dismissal of a data breach class action filed against Horizon Healthcare Services Inc., in the wake of the 2013 theft of two computer laptops...more

Robinson+Cole Data Privacy + Security Insider

Intermedix data breach class action case dismissed

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We previously reported that Intermedix was sued in a class action lawsuit regarding the data breach involving millions of patient records....more

McGuireWoods LLP

Fourth Circuit Affirms Insurance Coverage for Cyber Claim Under CGL Policy

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In a decision issued April 11, the Fourth Circuit added to a small but growing body of case law across the country finding coverage for cyber claims under traditional general liability insurance policies. In Travelers...more

Womble Bond Dickinson

Do You Need Cyber Insurance or Will Your CGL Policy Be Enough?

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In Travelers Indemnity Co. of America v. Portal Healthcare Solutions, LLC, the Fourth Circuit Court of Appeals reverses the recent trend of insurance companies avoiding any liability for data breaches under commercial general...more

Butler Snow LLP

Data Breach Suit Covered Under CGL Policy

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Earlier this month in an unpublished opinion, the Fourth Circuit Court of Appeals found that Travelers Indemnity Company of America (“Travelers”) had a duty to defend its insured against a data breach suit under the terms of...more

Pillsbury Winthrop Shaw Pittman LLP

Fourth Circuit Finds Coverage for Cyber Incident under Commercial General Liability Policy

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On April 11, the United States Court of Appeals for the Fourth Circuit rendered one of the first appellate-level decisions dealing with insurance coverage for a cyber event. The Fourth Circuit confirmed that a commercial...more

Bradley Arant Boult Cummings LLP

Hanging Around: Fourth Circuit Confirms the Coverage for Data Breach Can Still Be Found in Traditional Liability Policies

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With today’s increased focus on data breaches and related cyber liability exposure, the insurance market continues to develop policies tailored to this unique risk. Insurers are also excluding cyber risks in many traditional...more

Orrick, Herrington & Sutcliffe LLP

Fourth Circuit Finds Potential Coverage For Data Leak As Publication Under CGL Policy

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This week, a Fourth Circuit panel in an unpublished decision validated arguments long made by policyholders: that commercial general liability policies may provide coverage for certain data breach liabilities. In this case,...more

Neal, Gerber & Eisenberg LLP

Big Win For Policyholders in Fourth Circuit Finding Duty to Defend Under General Liability Policy for Data Breach!

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This week, the Fourth Circuit affirmed the lower court’s ruling of summary judgment in favor of the policyholder Portal Healthcare, finding that Travelers has a duty to defend it under a General Liability policy for a...more

McCarter & English, LLP

Fourth Circuit Finds Insurer Must Defend Data Breach Claims Against Its Insured Under Its Standard CGL Policy

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Commercial General Liability policies have, for several decades, included advertising and personal injury coverage. Such coverage is afforded for injury caused by various enumerated offenses, including breach of privacy....more

Nossaman LLP

Fourth Circuit Finds Coverage for Information Breach under CGL Policy

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For policyholders and attorneys that have feared the lack of coverage for data breaches under traditional policies (CGL, property), a recent ruling suggest that it is not time to write off those policies as a potential source...more

Robinson+Cole Data Privacy + Security Insider

Proposed class action case filed against Medical Informatics Engineering

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Medical Informatics Engineering, Inc., an electronic medical record service provider, recently disclosed a data breach affecting approximately 4 million individuals. Within days of the disclosure, Medical Informatics was hit...more

Troutman Pepper

Lack of Typicality and Adequacy of Representation Prevents Class Certification in Health Care Data Breach

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The opinion from the Philadelphia Court of Common Pleas reinforces lack of standing as a defense for companies facing data breach–related class actions. On March 25, the Philadelphia Court of Common Pleas provided...more

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