News & Analysis as of

Personally Identifiable Information Commercial General Liability Policies

Kennedys

What one court giveth, a brother court taketh away: Thermoflex and 3 policy exclusions in the context of BIPA

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In Citizens Ins. Co. of Amer. v. Thermoflex Waukegan, LLC no. 20-05980 (N.D. Ill. Mar. 1, 2022), the United States District Court for the Northern District of Illinois rejected the application of three separate general...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

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

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - January 2019 #3

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Cybercriminals have launched a new campaign that not only requires the victim to pay a ransom to have their data decrypted, but when the victim is directed to a PayPal account to pay the ransom and get the decryption key to...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

White and Williams LLP

Breaching the D&O Firewall: The Rise of Cybersecurity Regulations for Businesses and the Future Effects on D&O Insurance

For many D&O insurers, the risk of exposure posed by cybersecurity incidents involving their insureds has been unclear at best. Cybersecurity incidents, and the corresponding shareholder claims that follow, pose unique and...more

Bradley Arant Boult Cummings LLP

Insurance Purchasers Beware: Florida Court Finds No Duty to Defend Data Breach Claim Under CGL Personal & Advertising Injury...

On November 17, 2017, a U.S. district court in Florida narrowly construed personal and advertising injury coverage for data-breach claims under a commercial general liability policy. In Innovak International, Inc., v. The...more

Carlton Fields

New York Appellate Court Finds “Electronic Data” Exclusion Applies to Data Breach

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The computer network of a Five Guys Burger franchise, RVST Holdings, LLC (RVST), was hacked. Customers’ credit card information was stolen and used to make numerous fraudulent charges. Trustco Bank brought an action against...more

Dentons

Hacked and Left Holding the Bag - Cyber Liability Issues

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If you read any newspaper, trade publication or twitter feed, you know that ongoing concerns regarding cyber security continue to grow. We have seen an article in the New York Times discussing hacking of major law firms with...more

K&L Gates LLP

Policyholder Takeaways From Portal

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In a solid victory for policyholders, the Fourth Circuit upheld coverage last week for a potential data breach incident involving confidential medical records. The case is The Travelers Indemnity Co. of America v. Portal...more

King & Spalding

Insurer Must Defend Data Breach Claim Under Traditional Commercial General Liability Policies

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On April 11, 2016, the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling by Judge Gerald Bruce Lee of the U.S. District Court for the Eastern District of Virginia that Travelers Indemnity Company of America...more

Sherman & Howard L.L.C.

Good News for Corporate Policy Holders: Court Finds Cyber Coverage Under Standard Liability Policy

Corporate policy holders received good news on April 11 when the U.S. Court of Appeals for the Fourth Circuit issued its opinion in the case captioned: The Travelers Indemnity Company of America v. Portal Healthcare...more

Orrick, Herrington & Sutcliffe LLP

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

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

Farella Braun + Martel LLP

Protect Your Wine Business Against Data Security Breaches and Other Cyber Risks

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

Nossaman LLP

Purchasing Cyber Insurance? Important Considerations from the Recent Nossaman/ UCI Cyber Symposium

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On October 12, 2015, Nossaman and UC Irvine hosted a Cyber Symposium at the City Club in Los Angeles. The event included four panels of Nossaman lawyers, UCI professors, and private professionals who are experts in the areas...more

McDermott Will & Emery

Data Breach Insurance: Does Your Policy Have You Covered?

McDermott Will & Emery on

Recent developments in two closely watched cases suggest that companies that experience data breaches may not be able to get insurance coverage under standard commercial general liability (CGL) policies. CGLs typically...more

Hinshaw & Culbertson LLP

Sony and Its Insurers Wrangle over Coverage for Data Breach

According to a Law360 report, Sony Corp.’s lawyers recently asked a New York appeals court to overturn a trial court’s ruling that a data breach did not involve the “publication” of private information within the meaning of...more

Cozen O'Connor

Court Holds that Privacy Violations Allegations Are Not Covered

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A federal court in Washington recently issued an unpublished decision affirming that a common policy exclusion protects insurers from having to provide coverage in certain cases of alleged privacy violations. The same court...more

JAMS

Insurance Coverage for Data Breach Claims

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Recent examples of data breaches resulting in invasion of privacy lawsuits abound. Target and other retailers, financial services companies and other businesses have had their internal data systems breached and consumers’...more

Dickinson Wright

Cyber-Coverage: Clarity or Confusion

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As the number of data breaches and disclosure of personally identifiable information (“PII”) increases, courts are being asked to decide whether such claims for data breach and disclosure of PII are covered by traditional...more

K&L Gates LLP

Five Reasons Why The Sony Data Breach Coverage Decision Is Wrong

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Five Reasons Why The Sony Data Breach Coverage Decision Is Wrong On Friday February 21st, a New York trial court judge let Sony’s insurers, Zurich American Insurance Co. and Mitsui Sumitomo Insurance Co., off the coverage...more

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