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cyber insurance

Court Rejects Insured’s Attempt at “Selectively Reading” Property Policy to Cover Data Breach

In Camp’s Grocery, Inc. v. State Farm Fire & Cas. Co., 4:16-cv-00204 (October 25, 2016), the U.S. District Court for the Northern District of Alabama granted summary judgment to defendant State Farm and denied plaintiff Camp’s Grocery (Camp’s) cross-motion to… Continue Reading →

Casino’s Lawsuit Shows High Stakes for Breach Response

In January 2016, Affinity Gaming (Affinity), the owner of several casinos, filed a complaint in the District Court of Nevada against Trustwave Holdings, Inc. (Trustwave), a data security investigator, for Trustwave’s work in securing data after Affinity suffered a data breach…. Continue Reading →

Proposed Legislation Provides Tax Cuts for Cyber Insurance and Preparation

A few years ago many people questioned the need for cyber insurance. In fact, the argument was made that although there were a substantial amount of resources dedicated to Y2K preparation, Y2K never became a problem. However, these days it… Continue Reading →

Understanding Issues Related to “Standing” in Data Breach Litigation Provides Insight to Insurers

Whether a litigant has “standing” to bring a lawsuit has been a threshold question in data breach cases for a number of years. The basic criteria addressing this is found in Article III of the Constitution which limits the jurisdiction of… Continue Reading →

Cyber Insurance Can Develop Without Centralized Cyber Law

For years there has been a discussion over whether data breaches and cyber security can eventually be regulated by centralized laws rather than various state and federal laws and regulations. Even in October 2014, President Obama called upon Congress to… Continue Reading →

Walk the Plank: Court Finds Pirated Cable Programming Not “Data” in Multimedia Liability Policy

In Ellicott City Cable LLC v. AXIS Ins. Co., the U.S. District Court for the District of Maryland held the term “data” did not include cable television programming that was accessed without DirecTV’s authorization. The definition of “data” became the… Continue Reading →

Shareholders’ Derivative Suit Misses Target, Still Offers Warning to Directors & Officers

On July 7, 2016, Judge Paul Magnuson of the United States District Court for the District of Minnesota granted several motions to dismiss by Target directors and officers seeking dismissal of derivative suits filed by various Target shareholders. The derivative… Continue Reading →

Nothing to See Here: Underreporting Cyber Security Incidents Impacts Cyber Insurance

Data indicates that large-scale data breaches in 2015 alone resulted in the exposure of approximately 429 million personal records. However, these estimates are too low because many data breaches are not reported. In fact, the “real number” of exposed personal… Continue Reading →

Brexit Vote Not Expected to Immediately Impact US Cyber Insurance Marketplace

Last week, Great Britain voted to leave the European Union (EU), a landmark move known as “Brexit,” with more than 17.4 million voting to leave while 16.1 million voted to remain. The vote resulted from a referendum put forth by… Continue Reading →

Home Is Where the Hacker Is: Cyber Coverage Becoming Necessary for Homeowners

There has been significant discussion since 2015 on how the “internet of things” is expected to impact our daily life, including our homes. In general, the term “internet of things” (IoT) refers to a network of “smart” devices found in… Continue Reading →

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