Privacy Risk Report



Something Old, Something New: Well-Established First-Party Property Concepts Used in Computer Hacking Coverage Case

On May 20, 2016, the U.S. Court of Appeals for the 8th Circuit affirmed a District Court decision finding coverage for a loss under a financial institution bond issued by BancInsure, Inc. (BancInsure) to the State Bank of Bellingham (Bellingham)…. Continue Reading →

Mozilla’s Firefox Browser Code Creates Privacy Issues in Criminal Proceeding

While the dispute between Apple and the Department of Justice over terrorists’ iPhones appears to have come to a conclusion, it is clear that we can expect to see privacy issues continue to develop between the government and private sector…. Continue Reading →

Highway Robbery: Michigan Legislature Debates Penalties for Hacking Motor Vehicles

As if rush hour traffic was not bad enough, last summer drivers learned that gadgets making life on the road easier could present cyber security concerns. Specifically, a lawsuit was filed against Jeep, based on allegations that Chrysler issued a… Continue Reading →

Early Observations in Portal Healthcare Decision: CGL Coverage for Cyber Claims?

Over the last couple of years, courts have struggled with whether cyber claims could trigger coverage under commercial general liability (CGL) insurance policies. While courts have found most cyber claims will not be covered as “bodily injury” or “property damage”… Continue Reading →

The Rise of Ransomware and Cyberbullying Insurance

Over the last few years, cyber security has focused on incidents where there is no contact with the criminal. That is, a data breach would occur and the criminal would be long gone before the victim knew there was an… Continue Reading →

Apple’s Privacy Battle – Early Observations for Litigation and Insurance

The largest privacy case to date is currently pending in the U.S. District Court for the Central District of California between Apple and the U.S. Government. This case arises out of a request by the Department of Justice and FBI for… 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 →

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 →

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