The Duty to Cooperate Under a Liability Policy
Best Practices for Negotiating Manuscript Exclusions
AGG Talks: Healthcare Insights - Episode 1: A Primer for Providers When Insurance Companies Refuse to Pay
Hinshaw Releases Second Edition of Duty to Defend: A Fifty-State Survey
Hinshaw Insurance Law TV – Transaction Insurance Solutions
The Standard Formula Podcast | Understanding Insurance Resolution Regimes
Policyholders vs. Insurers: 3 Arguments to Make When Selecting Defense Counsel & Hourly Rates
Cracking the Code: Getting the Most Out of Your Cyber Insurance Policy
Insurers Take Note: New Changes to Florida Law Mean Changes in Claims Handling & Roof Repairs in the Sunshine State
An Uncompromising Insurer: What is a Policyholder to Do?
Five Tips to Improve Your Insurance Coverage Claim
Is Captive Insurance Right for Your Business? A Deep Dive with AkinovA
A Deeper Dive Into Insurance Topics for Nonprofits: Special Events Coverage and Considerations When Making Claims
Nonprofit Basics: Insurance Coverage for the New Nonprofit
Loading and Unloading Under GL and Auto Policies: 2022
Sending Up the Mediation Smoke Signal: Tools that Policyholders Have Available to Settle A Claim With A Recalcitrant Insurer
The Calm Before the Storm: Planning for Catastrophic Weather Events
Insurance Renewals: Know When to Hold ‘ Em, Know When to Walk Away
Do R&W Insurers Still Pay Claims? Following Up on Lowenstein’s 2020 Survey
Hinshaw Insurance Law TV: Recent Changes in Florida Property Insurance Law and How They Will Affect First Party Insurance
The global cyber scam industry is a multi-billion dollar racket run by crime syndicates who often operate through massive compounds known as “scam farms” in far flung locations. On our shores, many businesses fall prey to...more
In connection with the increase in the number of incidents and attacks, the scope and impact of the incidents and attacks are also growing. With the rise in frequency and impact of cybersecurity incidents and cybercrimes,...more
Cyber risk has grown demonstrably in frequency and severity in the past 10 years—and, in tandem, the cyber insurance policy has grown in breadth and complexity. This past year, a record number of organizations fell victim to...more
A Jan. 13 decision out of the U.S. Court of Appeals for the Sixth Circuit is one more nail in the coffin of "silent cyber." In Home Depot Inc. v. Steadfast Insurance Co., the federal appellate court agreed with the lower...more
At this point, your IT department has almost certainly warned you to approach your e-mail inbox with skepticism--for good reason. Cybercriminals regularly and effectively impersonate our legitimate contacts for illegitimate...more
In Conesys, Inc., et al. v. Palomar Excess and Surplus Ins. Co. a policyholder filed a lawsuit alleging breach of contract and bad faith, among others, based on an insurer's application of an “Extortion Threat Sublimit...more
Our company experienced a cybersecurity incident. It seemed pretty minor — just a few suspicious emails and an employee’s account being locked. To my dismay, we’re now hearing from our IT team that the issue is more serious....more
Over the last decade, one of the most common gripes I’ve heard about cyber insurance is that policies “don’t pay out.” Cyber coverage is often perceived as being illusory and riddled with “gotcha” clauses. This isn’t the...more
Cyberattacks and technology disruptions in healthcare don’t just cost organizations financially — they can threaten patient safety and put organizational reputations at risk. How ready is your organization for a potential...more
The Appellate Court of Illinois, First District, applying Illinois law, has held that a cyber policy did not afford coverage for an underlying lawsuit alleging violations of the Biometric Information Privacy Act (BIPA)...more
On May 8, 2024, Paul Hastings hosted the Cybersecurity Law Workshop at this spring’s Privacy + Security Forum featuring a panel on cybersecurity insurance trends and insights. The panel was moderated by Paul Hastings’ David...more
The Fifth Circuit added to the emerging body of case law addressing the recovery of business income losses in the cyber insurance coverage context to kick-start 2024 in Southwest Airlines Company v. Liberty Insurance. ...more
Small businesses account for 99.9 percent “of all American businesses,” with more than 33.1 million small businesses employing a staggering 61.7 million Americans. There is nothing “small” about their import to the economy or...more
Twenty years ago the federal government designated October as Cybersecurity Awareness Month, part of an early effort to promote a wider appreciation of computer-related threats to business and government operations and to...more
Insurance coverage for cyberattacks can be tricky for anyone to navigate, including lawyers. To illustrate this point, a case in New Jersey caught my eye that I thought would be an interesting read for our followers who are...more
A consistent pattern emerges in data breach and cyber-attack cases when companies turn to their insurers for coverage after such incidents. Whether they possess specialized cyber insurance or not, insurers often decline...more
Courts took up some interesting insurance questions this past month. Here’s some we address in our June Insurance Update. When a government sponsored cyberattack infects computers worldwide, does the war exclusion apply? ...more
A recent appellate court decision could help policyholders secure insurance coverage for losses arising out of state-sponsored cyberattacks. In Merck & Co., Inc. v. ACE American Ins. Co., the Superior Court of New Jersey...more
Where companies are victimized by ransomware or email scams, their losses arise from payments made by an officer or employee of the company. In the case of ransomware, a company’s files are held hostage pending payment...more
According to Aon’s 2022 Executive Risk Survey, which aggregates and examines responses to its annual international survey of C-suite leaders and senior executives in the U.S., the EU and the UK including 800 respondents at...more
In EMOI Services LLC v. Owners Insurance Co., No. 2021-1529 (Ohio Dec. 27, 2022), the Ohio Supreme Court found that there was no coverage for a ransomware attack because there was no direct physical loss as required under the...more
In Short: The Situation: The cyber insurance market is experiencing a major retrenchment, with insurers seeking to limit their exposure in a variety of ways....more
Multi-factor authentication (MFA) is more than an annoying popup or text message when logging onto a company’s website or platform. Not only is using MFA a sound security practice and good business, it is frequently becoming...more
The war exclusion has received a lot of attention over the past year, particularly since Russia invaded Ukraine in February. Policyholders’ concern that insurers will assert the exclusion as a basis to deny coverage is...more
Healthcare breaches, including ransomware attacks, continue to increase. As a result, many healthcare organizations seeking cyber coverage to help defray the costs associated with a ransomware attack or other data incident...more