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
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
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 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 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
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
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
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
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
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
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