We previously reported here that CNA filed a lawsuit against its insured Cottage Health System seeking reimbursement of amounts that it previously paid under Cottage’s cyber liability insurance policy. On Friday, a federal district court dismissed, without prejudice, CNA’s lawsuit because CNA failed to exhaust the policy’s required non-judicial remedies before filing suit. The applicable cyber liability… Continue Reading
Insurance
Subscribe to Insurance RSS FeedPrivacy Monday – June 1, 2015 – Courts Affirm Insurers’ Denial of Coverage for Electronic Data Claims
Posted in Cybersecurity, Insurance, Privacy Litigation, Privacy MondayHappy June – the first day of meteorological summer! In the last month, both a federal and state court denied coverage for claims relating to an insured’s handling of electronic data. In the first case, a federal court held that there was no coverage under a cyber insurance policy for a claim alleging that the… Continue Reading
CNA Denies Cyber Insurance Claim
Posted in Cybersecurity, Data Breach, Insurance, Privacy LitigationKey takeaway: The insurance applications and underwriting questionnaires prepared in connection with cyber insurance do matter. Cyber security, and cyber insurance, have dominated the industry headlines for several years now, but even as companies, brokers and insurers work to develop these products, there has been a dearth of case law interpreting key provisions. This is beginning to change… Continue Reading
On the Eleventh Day of Privacy, the Drones Brought to Me…..
Posted in 12 Days of Privacy, Cybersecurity, Insurance, Privacy Regulation..new insurance coverage endorsements Written by Nancy Adams A few days ago, media outlets released a video of a kangaroo knocking a drone out of the sky. Apparently, this “privacy loving” kangaroo was less than pleased with the drone following her family. While the drone obtained impressive footage of the kangaroos, it was clear that… Continue Reading
On the Fourth Day of Privacy, My Insurance Carrier Gave to Me…..
Posted in Cyber Risks Boardroom Series, Cybersecurity, Insurance, Privacy Litigationgaps in my cyber liability coverage…………….. Written by Heidi Lawson and Danny Harary What can companies and insurers expect in the new year when it comes to cyber liability insurance coverage? While we wait for some court decisions interpreting these new stand-alone cyber liability insurance policies that are being heavily pushed in the market, there… Continue Reading
Privacy Monday: December 8, 2104 – The Twelve Days of Privacy 2014
Posted in 12 Days of Privacy, Cybersecurity, Data Compliance & Security, EU Data Protection Regulation, Insurance, Legislation, Mobile Privacy, Privacy Litigation, Privacy Monday, Privacy Regulation, UncategorizedOur series last year was a reader favorite, so we decided to put our prognosticator hats on again and present: Rather than look back at 2014, starting tomorrow, the Privacy & Security blog will count down The 12 Days of Privacy, looking ahead to what we might expect in 2015 and what we might… Continue Reading
Cyber Liability Insurance: Where’s the Beef?
Posted in Cybersecurity, Insurance, Privacy LitigationWritten by Heidi Lawson, CPCU and Danny Harary “Cyber liability insurance” is often used to describe a range of insurance policies, in the same way that the word cyber is used to describe a broad range of information security related tools, processes and services. Everyone is talking about the need for “stand alone” cyber liability… Continue Reading
“May I have your ZIP Code?” Retailers may want to read this….
Posted in Cyber Risks Boardroom Series, Insurance, Privacy LitigationWritten by Nancy Adams, CPCU There are only a handful of decisions addressing whether a commercial general liability (CGL) policy provides coverage for lawsuits brought against retailers allegedly collecting their customers’ ZIP code information. Thus, when a decision is issued in this area, particularly a decision denying coverage, it is noteworthy. Recently, in OneBeacon American… Continue Reading
Cyber Risks for the Boardroom Part 5: Coverage for Privacy Violations
Posted in Cybersecurity, Insurance, Privacy LitigationThe last installment in our series – “Coverage for Privacy Violations” Written by Heidi Lawson and Danny Harary Part 5 of 5: Coverage For Privacy Violations As we previously noted, recent SEC actions on the topic of cybersecurity indicates increased SEC focus and likely heralds the coming of enforcement actions against public companies for cyber… Continue Reading
Cyber Risks for the Boardroom Part 4: Coverage for Investigations
Posted in Cyber Risks Boardroom Series, Cybersecurity, InsurancePart 4 in our continuing series: “Cyber Risks – Director Liability and Potential Gaps in D&O Coverage”: Coverage For Investigations Written by Heidi Lawson and Danny Harary One of the biggest gaps in coverage in D&O coverage today is the lack of meaningful coverage for investigations. Although at first glance the policy language may look… Continue Reading
Cyber Risks for the Boardroom Part 3: Top Questions Directors Should be Asking about D&O Coverage
Posted in Cyber Risks Boardroom Series, Cybersecurity, InsuranceOur series “Cyber Risks – Director Liability and Potential Gaps in D&O Coverage” continues — Part 3 of 5: Top Questions Directors Should Be Asking About D&O Coverage Written by Heidi Lawson and Danny Harary Directors never want to be in the unenviable position of having to seek coverage under their D&O policy. Nevertheless the… Continue Reading
Cyber Risks for the Boardroom Part 2: Why Corporate Directors Should be Concerned About Data Security Breaches
Posted in Cyber Risks Boardroom Series, Cybersecurity, Data Breach, InsuranceAll this week, we are featuring a series “Cyber Risks – Director Liability and Potential Gaps in D&O Coverage” Part 2 of 5: Why Directors Should Be Concerned Written by Heidi Lawson and Danny Harary A data breach is not a unitary or self-contained event. The fallout from a breach could impact the directors as… Continue Reading
