Privacy Risk Report

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coverage

Cyber Risk: Hackers May Score Big at Super Bowl

Super Bowl 50 kicks off this Sunday, February 7 at Levi’s Stadium, Silicon Valley’s high-tech stadium in Santa Clara, CA. Super Bowl fans will be pleasantly surprised to find they are able to tweet, text and e-mail without any problems,… Continue Reading →

First-Party Insurance Claims Related to the “Internet of Things” an Emerging Issue for 2016

While the “internet of things” (IoT) is not a new concept for the insurance industry, many people outside the insurance industry are just beginning to discuss this issue. In general, the term “internet of things” refers to a network of… Continue Reading →

District Court Examines Cyber Insurer’s Obligation to Investigate Claims Prior to Suit

In May 2015, the U.S. District Court for the district of Utah denied an insured’s motion for partial summary judgment in Travelers Property Casualty Company of America et al. v. Federal Recovery Serv. et al., Case No. 2:14-cv-00170. The court previously… Continue Reading →

Cyber Insurance Lawsuit Demonstrates Need to Coordinate on Cyber Risks

On January 5, 2016, a federal District Court granted the removal petition of Lloyd’s of London in a declaratory judgment action involving coverage under a cyber policy. The Hotel Monteleone originally filed a lawsuit on December 10, 2015 in the… Continue Reading →

Uber and Lyft Demonstrate How Cybersecurity Changes the Way Businesses Deal With Each Other and Customers

As the number of hacks and breaches increase in the news, people are not just becoming more accepting of data breaches, they are expecting to see data breaches. Now businesses are also expecting to see their competitors attempt to hack them…. Continue Reading →

Ashley Madison Litigation Reveals Another Hurdle for Data Breach Plaintiffs: Real Name vs. Pseudonym

As data breach plaintiffs are starting to overcome questions of whether or not they have standing to bring lawsuits in federal court under Article III of the U.S. Constitution, a recent decision may place an additional burden on plaintiffs. The August… Continue Reading →

Phish and Chips: Retailers Face New Liability For Fraud Committed With New Chip Credit Cards

Many consumers are finding new EMV (Europay Mastercard Visa) credit cards in their mailboxes to replace their old credit cards with a magnetic strip on the back. EMV cards are commonly referred to as “chip cards” and are intended to cut down on… Continue Reading →

Decision in “Rent-to-Own” Spying Case Provides Another Nail in the Coffin for Coverage of Privacy Concerns Related to New Technology Under Traditional Insurance

The September 25, 2015 American Economy Ins. Co. v. Aspen Way Enter. decision provides another example of new technology causing problems under traditional insurance policies. The insured in this case, Aspen Way, is a franchise of Aaron’s Inc., which operates “rent-to-own”… Continue Reading →

Todd Rowe Authors Article For ABA’s Fall 2015 TortSource: Insurers and Policyholders Face Confusion in the Cyber Insurance Marketplace

Todd M. Rowe authored the article, “Insurers and Policyholders Face Confusion in the Cyber Marketplace,” for the Fall 2015 edition of the American Bar Association’s TortSource. In an effort to address an audience that has extensive knowledge of the insurance… Continue Reading →

New Study and Recent Criminal Conviction Sheds Light on the “Malicious Insiders” Threat

While large cyber attacks and data breaches may get the headlines, a recent study prepared by the Ponemon Institute and Hewlett-Packard and a recent criminal conviction of a Los Angeles Times reporter that disclosed corporate passwords on a hacker website serve… Continue Reading →

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