Popular, Insurance Industry, Corporate Counsel

You’ve Got Mail: NYDFS Enforcement Action Highlights Cybersecurity Risk of Over-Retention and Other Risks

Paul Hastings LLP on 8/22/2025

On Aug. 14, 2025, the New York Department of Financial Services (NYDFS) issued a Consent Decree announcing that Healthplex, Inc. (Healthplex) has agreed to pay a $2 million fine, as a result of an investigation into a 2021...more

Key Insurance Cases and Developments – 2022 In Review

Hinshaw & Culbertson - Insights for Insurers on 2/28/2023

After a brief abatement due to pandemic-related litigation delays and court closures, social inflation returned with a vengeance replete with numerous nuclear jury verdicts. Although a case in any state is capable of...more

Cybersecurity Insurance: Circuit Courts Weigh in on Insurers’ Liability for an Insured’s Losses Stemming from a Data Breach

Pietragallo Gordon Alfano Bosick & Raspanti,... on 11/8/2022

When a cybersecurity-related incident occurs, an insured should not automatically assume a standard commercial general liability (CGL) policy issued by an insurer will cover their losses, as CGL policies generally afford...more

The State Of COVID-19 Coverage Litigation In The United States

Hinshaw & Culbertson - Insights for Insurers on 7/1/2022

The issuance of various governmental orders requiring businesses to temporarily modify or close their operations during the COVID-19 pandemic led to an immediate avalanche of claims and lawsuits involving first-party...more

Ninth Circuit’s Fraudulent Payments Coverage Ruling Has Implications for Cyber Insurance Purchasers

Cooley LLP on 2/3/2022

In a decision with significant implications for policyholders seeking coverage for social engineering scams and cybercrime losses, the US Court of Appeals for the Ninth Circuit held in Ernst and Haas Management Company, Inc....more

The War Exclusion and State-Sponsored Cyberattacks: The Battle Is Won but Is the War Over?

Blank Rome LLP on 1/27/2022

Sovereign nation states have been behind (or suspected of being behind) some of the worst cyberattacks. When a cyberattack has state involvement, the inevitable question is whether it constitutes an act of war. The answer can...more

Privacy & Cybersecurity Update - July 2020

Skadden, Arps, Slate, Meagher & Flom LLP on 8/6/2020

In this month's edition, we examine the Court of Justice of the European Union's decision invalidating the EU-U.S. Privacy Shield framework, as well as the U.S. government's response to the decision. We also examine two...more

Recent Lawsuit Highlights Need for Careful Review of Cyberinsurance Policies

Blank Rome LLP on 2/27/2019

The “WannaCry” and “NotPetya” computer viruses that infected computer systems around the world in 2017 sounded a wakeup call. They demonstrated the power of a cyber event to disrupt the core operations of numerous companies...more

Don’t Expect Commercial General Liability Insurance Policies to Protect Against Cyber Breach or Crime

Lowndes on 10/11/2018

Almost a year after Middle District Judge Mary Scriven’s instructive decision in Innovak Int’l, Inc. v. Hanover Ins. Co. in which she declined to hold that a traditional commercial general liability (CGL) policy, as drafted,...more

Testing the Limits III – Cyber Coverage Litigation Focuses on Computer Fraud Losses

Troutman Pepper Locke on 9/13/2018

Fraudsters deploy different computer-related techniques but toward the same end – “gaming the system” for their own financial gain. Some victims turn to insurance for recovery. Four recent federal appellate decisions reveal...more

American Tooling and Medidata: The Latest Rulings on Coverage for Phishing Scams

Blank Rome LLP on 7/18/2018

“Phishing” is a scheme in which criminals use spoofed e-mails, copycat websites, or other deceptive communications to trick unwitting companies or individuals into sharing valuable personal information or into wiring money to...more

Eleventh Circuit Rules There Is No Coverage under Crime Policy’s Computer Fraud Component

Pillsbury - Policyholder Pulse blog on 5/22/2018

Remember the “good” ol’ days when the run-of-the-mill theft involved someone physically taking something tangible? That is so 20th century. Now, thieves and fraudsters are able to use computers and the internet to carry out...more

CGL Coverage for Cyber Data Breaches: Court Finds No Coverage unless the Policyholder Itself Publishes the Private Information

Blank Rome LLP on 3/6/2018

As cybersecurity incidents continue to mount and as the issue of data security becomes increasingly important and a source of potential liability, companies should consider whether their standard commercial general liability...more

CGL Policies And Data Breaches: No Publication, No Coverage

Carlton Fields on 12/22/2017

As cyber hacking and phishing schemes become more common, one issue that is often raised is whether, and to what extent, damages resulting from these incidents fall within the coverage afforded under a standard commercial...more

Timing is Everything: Tenth Circuit Overturns Insurer’s Disability Decision as Arbitrary and Capricious

Seyfarth Shaw LLP on 11/6/2017

Even when a claims administrator approves a claim for disability benefits, its job is not done. That principle was again demonstrated in the recent case Owings v. United of Omaha Life Insurance Co., No. 16-3128 (10th Cir....more

Class Action Roundup: Summer 2017

Alston & Bird on 8/31/2017

Welcome to our second Roundup of 2017, where we feature the cases litigated and settlements finalized during the second calendar quarter of the year. It was a very active quarter in almost all of the categories we monitor,...more

House Bill 1774 Requires Urgent Action by Texas Policyholders to Preserve Coverage for Hurricane Harvey Flood Claims

Bradley Arant Boult Cummings LLP on 8/30/2017

Even as Hurricane Harvey’s effects continue to unfold, Texas policyholders face another imminent threat. On September 1, 2017, a new Texas law becomes effective that dramatically limits insurance recoveries for Texan...more

The Remedy for the New Cyber Threat Posing Major Coverage Problems: “Fake President” E-mails

Nossaman LLP on 7/11/2017

In the last few weeks, we have seen yet another widespread ransomware attack that hit nearly one hundred companies around the world. It reminded me of a recent request from a client, made just after news broke of the...more

"Privacy & Cybersecurity Update - February 2017"

Skadden, Arps, Slate, Meagher & Flom LLP on 3/3/2017

In this edition of our Privacy & Cybersecurity Update, we look at a series of recent court rulings regarding standing in privacy cases, most of which suggest plaintiffs will continue to have a difficult time establishing...more

Washington Supreme Court: Corporate Attorney’s Communications with Former Employees Not Privileged

Cozen O'Connor on 10/24/2016

The Supreme Court of Washington recently held that the attorney-client privilege does not protect a corporation’s attorney’s communications with former employees of the corporation, even if the communications concern events...more

Data Breach Standing Goes Nationwide; Sixth Circuit Says Plaintiffs Have Standing to Sue

Orrick, Herrington & Sutcliffe LLP on 10/5/2016

The Sixth Circuit joined the growing trend of appellate courts holding that plaintiffs had demonstrated standing for data breach class actions in Galaria et al. v. Nationwide Mutual Insurance Company. In a recent order, the...more

Litigation Alert: The Sixth Circuit Recognizes Article III Standing in Data Breach Case Despite Absence of Identity Theft...

Fenwick & West LLP on 9/20/2016

Last week, the Sixth Circuit held that allegations that personal information was stolen following a data breach was sufficient to confer Article III standing to sue to the affected individuals, even in the absence of...more

New York Appellate Court Finds “Electronic Data” Exclusion Applies to Data Breach

Carlton Fields on 7/18/2016

The computer network of a Five Guys Burger franchise, RVST Holdings, LLC (RVST), was hacked. Customers’ credit card information was stolen and used to make numerous fraudulent charges. Trustco Bank brought an action against...more

Arizona Court Rules That Chubb Cyber Policy Does Not Cover Credit Card Theft Losses

McGuireWoods LLP on 6/13/2016

As cyber attacks increase at an unprecedented pace, more and more businesses are purchasing cyber insurance to protect against that risk. The insurance industry now faces an avalanche of claims, and those claims now are...more

Colorado Court Finds Legal Marijuana Insurable Under Commercial Property Policy and Orders Trial on Claim for Damaged Buds

Cozen O'Connor on 2/25/2016

ArcView Group, which tracks the legal marijuana markets, recently estimated that legal U.S. pot sales could reach $6.7 billion in 2016. As the legal marijuana economy has grown, insurance coverage for this emerging industry...more

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