Insurance Law

Recent Posts

Is that Covered? Data Breach
Posted on 6 Aug 2015 by McNees Wallace & Nurick LLC

By Michael Kelley With all of the data breach issues in the news, we thought that this decision might be of interest to you. The Connecticut Supreme Court, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]... Read More

New Case Highlights Deep Hole in Cyber Insurance Policies
Posted on 8 Jul 2015 by Dennis Cusack

By Dennis Cusack Insurance policies covering data breach liability began appearing roughly ten years ago. We noted then a troublesome provision in some forms that seemed to exclude coverage for the insured’s failure to maintain data security... Read More

Social Media and Insurance: The Insider's Guide to Successful Risk Assessment and Management
Posted on 20 Jan 2015 by Carrie E. Cope

This new LexisNexis publication, written by attorneys Carrie E. Cope, Dirk E. Elhers, and Keith W. Mandell, provides practical analysis and legal guidance for using social media in business. An essential publication, Social Media and Insurance: The... Read More

The Target Data Breach: Settlement Data Suffers From A Breach Of Common Sense
Posted on 20 Apr 2015 by Randy J. Maniloff

The mid-March settlement by Target, of the numerous data breach class actions filed against the retailer, following disclosure of millions of its customers’ debit and credit card numbers, will cost the company about $25 million. I had the privilege... Read More

"Breaking Bad" in Cyberspace: a Challenge for the Insurance Industry
Posted on 14 Jan 2015 by Carrie E. Cope

“ Breaking Bad” in Cyberspace: a Challenge for the Insurance Industry by Carrie E. Cope and Ian Reynolds of Schuyler, Roche & Crisham, PC points out that anyone who may have thought that potential risks from communications, and other activities... Read More

Randy Spencer’s Open Mic – Barry Manilow And Cyber Coverage: Court Writes The Songs For Policyholders
Posted on 14 Jul 2015 by Randy J. Maniloff

Not a day goes by it seems without news of a cyber attack resulting in the release of 4 trillion people’s personal information. It has gotten to the point where one’s identity could seemingly be stolen several times a month. Perhaps the solution... Read More

District Court Holds that an Insurer’s Claim for Equitable Subrogation Against an Insured’s Co-Defendant Failed Because the Insurer Did Not Claim the Co-Defendant Caused the Underlying Damage at Issue
Posted on 27 Aug 2014 by Troutman Sanders

Guidry v. U.S. Department of the Interior , 2014 U.S. Dist. LEXIS 24787 (N.D. Cal. Feb. 25, 2014), [ enhanced version available to lexis.com subscribers ]. In Guidry , the district court held that, in an action where an underlying co-defendant (the... Read More

Insurer Required to Show Prejudice Because the Reporting Requirement in the Policy Conditions Did Not Transform the Claims-Made Policy Into a Claims-Made-and-Reported Policy
Posted on 25 Aug 2014 by Troutman Sanders

NewLife Scis. LLC v. Landmark Am. Ins. Co. , 2014 U.S. Dist. LEXIS 21469 (N.D. Cal. Feb. 18, 2014), [ enhanced version available to lexis.com subscribers ]. In NewLife Sciences , the district court held that the notice-prejudice rule was applicable... Read More

Love It And List It: “14th Annual Ten Most Significant Coverage Decisions Of The Year”
Posted on 8 Dec 2014 by Randy J. Maniloff

2014: The Year In Review Property and casualty insurance coverage is a world dominated by decisions made by courts. So 2014 was a unique year -- as its two most significant stories had nothing to do with the judiciary. The first was the decision... Read More

Supreme Court Awards The Kitchen Sink For Insurer’s Breach Of The Duty To Defend
Posted on 26 Aug 2014 by Randy J. Maniloff

If an insurer is determined to have breached the duty to defend, consequences will attach. It may be that the insurer must pay for the defense costs that it otherwise owed. Or the consequences may be much harsher – the insurer may lose the right... Read More

New York’s Highest Court Vacates Its Decision in K2
Posted on 20 Mar 2014 by Brian Margolies

In its February 18, 2014 decision in K2 Investment Group, LLP v. American Guarantee & Liability Ins. Co ., [ enhanced version available to lexis.com subscribers ], New York’s Court of Appeals – New York’s highest court – had... Read More

Ten Most Significant Insurance Coverage Decisions Of 2014 – Supreme Court Awards the Entire Kitchen For Insurer’s Breach Of the Duty To Defend
Posted on 19 Dec 2014 by Randy J. Maniloff

If an insurer is determined to have breached the duty to defend, consequences will attach. It may be that the insurer must pay for the defense costs that it otherwise owed. Or the consequences may be much harsher – the insurer may lose the right... Read More