It was reported today that the widely-watched data breach case, Zurich American Ins. Co., et al v. Sony Corp. of America (N.Y. Sup. Ct. Feb. 21, 2014), has been settled before the New York appellate court could issue an...more
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
Pollution Exclusion Doesn’t Bar Coverage for Worker Exposed to Hazardous Chemicals That Were Not “Dispersed”: Why it matters - A federal district court in Texas strictly construed a pollution exclusion in...more
Although it is a widespread exploit that has been undetected for two years, whether or not a CGL policy covers data breaches allowed by Heartbleed should turn, simply, on whether the policy covers data breach at all...more
A New York trial court announced a decision on February 21, 2014, that may be a harbinger of wide-reaching limitations on insurance coverage for data breaches under commercial general liability (CGL) policies. The court’s...more
In its recent decision in St. Luke’s Cataract & Laser Institute, P.A. v. Zurich American Insurance Co., 2013 WL 461347 (11th Cir. Feb. 7, 2013) (unpublished), the United States Court of Appeals for the Eleventh Circuit found...more