The Great Barry Manilow Coincidence

Tapas: Small Dishes of Insurance Coverage News & Notes

The Open Mic column in the last issue of CO – July 15th -- was titled “Barry Manilow And Cyber Coverage: Court Writes The Songs For Policyholders.” It addressed an Oregon case concerning cyber/data breach coverage under a CGL policy. A music server was hacked and the identity of all of its users, and the contents of their music libraries, became public on the internet. As a result, it became known that one of its users – a self-proclaimed “tough guy” – had several albums from Barry Manilow, Neil Diamond, Abba and the Carpenters in his library. He filed suit for invasion of privacy and then coverage litigation grew out of that.

Well wouldn’t you know it, on July 15th, the same day that I published “Barry Manilow And Cyber Coverage: Court Writes The Songs For Policyholders,” a New York appeals court issued a decision in Copacabana Realty, LLC v. Fireman’s Fund Insurance Co., [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance]. I kid you not. Not the day before. Not the day after. The exact same day. What the heck are the odds of that? A gazillion to one I bet. Wow. Even Now I still can’t believe it.

Coverage Opinions is a bi-weekly (or more frequently) electronic newsletter reporting or providing commentary on just-issued decisions from courts nationally addressing insurance coverage disputes. Coverage Opinions focuses on decisions that concern numerous issues under commercial general liability and professional liability insurance policies. For more information visit www.coverageopinions.info.

The views expressed herein are solely those of the author and not necessarily those of his firm or its clients. The information contained herein shall not be considered legal advice. You are advised to consult with an attorney concerning how any of the issues addressed herein may apply to your own situation. Coverage Opinions is gluten free but may contain peanut products.

   Randy Maniloff is Counsel at White and Williams, LLP in Philadelphia. He previously served as a firm Partner for seven years and transitioned to a Counsel position to pursue certain writing projects including Coverage Opinions . Nonetheless he still maintains a full-time practice at the firm. Randy concentrates his practice in the representation of insurers in coverage disputes over primary and excess obligations under a host of policies, including commercial general liability and various professional liability policies, such as public official’s, law enforcement, educator’s, media, computer technology, architects and engineers, lawyers, real estate agents, community associations, environmental contractors, Indian tribes and several others. Randy has significant experience in coverage for environmental damage and toxic torts, liquor liability and construction defect, including additional insured and contractual indemnity issues. Randy is co-author of “General Liability Insurance Coverage - Key Issues In Every State” (Oxford University Press, 2nd Edition, 2012). For the past twelve years Randy has published a year-end article that addresses the ten most significant insurance coverage decisions of the year completed.

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