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 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 →
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 →
As the East Coast closely watches meteorologists’ models and predictions to prepare for Hurricane Joaquin, it may be a good time to consider the role of using statistics and models to predict the next data breach. A recent study entitled… Continue Reading →
A recent Report entitled Risk Nexus prepared as part of a partnership between Zurich Insurance Group and the Atlantic Council examines the potential “economic benefits and costs” caused by cybersecurity on the global economy in the future. Specifically, this report… Continue Reading →
The Washington Post reports that on September 10, 2015, Sarah Bloom Raskin, Deputy U.S. Treasury Secretary, spoke on the vital role insurers play in cybersecurity. While recognizing that legislatures are struggling to pass regulations, Bloom stated that “insurers can move… Continue Reading →
While there has been significant increase in cybersecurity litigation this summer, one closely watched case, Columbia Cas. Co. v. Cottage Health Sys., 15-cv-3432 (2015 C.D. Cal.), has been taken outside the courtroom. On July 17, 2015, the District Court for… Continue Reading →
In assessing the risks related to cybersecurity, insurers have closely examined the technology put in place by insureds to safeguard data or other private information. This is not surprising because privacy and data security tends to focus on sophisticated hackers in… Continue Reading →
Last year, there were a number of high profile breaches—earning 2014 the “Year of the Breach” tag. This year is seeing the fallout, as many of these breaches have resulted in significant litigation. For example, the Home Depot breach in April… Continue Reading →
There have been more developments in the law related to cyber and data breach claims in the last two weeks than in the last year. First, Sony and Zurich settled their coverage dispute that left the lower court’s decision (which was… Continue Reading →
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