Insights
Firm News

4 Important Insurance Decisions You May Have Missed

October 11, 2018 Media Coverage

Law360
October 11, 2018
"4 Important Insurance Decisions You May Have Missed"

Tyler Gerking commented on the St. Paul Fire & Marine Insurance Co. v. Rosen Millennium decision.

In the article Mr. Gerking said the order represents a judicial trend of courts interpreting the terms “publication” or “making known” narrowly in data breach coverage cases. Judge Mendoza and other jurists have ruled against policyholders in these cases by inserting an extra requirement that the insured itself be the one who publishes the sensitive information.

“Even interpreting the words narrowly, I don’t think they’re getting to the right result,” Mr. Gerking said. “They are ignoring the insured’s alleged role in allowing the information to be made known to a third party. The insured here is alleged to have had an active role in the publication of the information, by failing to secure it.”

He added, “There is a line of cases that is going against policyholders, however wrong they may be, so policyholders shouldn’t assume that they will have coverage for data breaches under a CGL policy and should be looking at cyber coverage.” 

Link to read the full article. (subscription required)

Firm Highlights

News

Erica Villanueva Inducted Into American College of Coverage Counsel

Read More
News

Farella Braun + Martel Announces Five New Partners

Read More
Publication

Disaster Matters: Property Insurance and the Wine Industry

Farella's Alexis Sinclair with guest speakers: Marc Levine from California's 10th Assembly District, Michael Miiller from California Association of Winegrape Growers, Mike Ryan from InterWest, and Jed Taborski from Silicon Valley Bank, discuss "Disaster Matters...

Read More
Publication

Cyber Insurance for the Cannabis Industry

Farella's Shanti Eagle (moderator), Nate Garhart and Tyler Gerking, along with guest speakers Javier Gonzalez and Michael Peters from PL Risk Advisors, discuss "Cyber Insurance for the Cannabis Industry." Cannabis businesses have cyber security...

Read More
News

Calif. Wineries Prep for Coverage Fight for Wildfire Smoke

Tyler Gerking spoke to Law360 for the article "Calif. Wineries Prep for Coverage Fight for Wildfire Smoke."  An insurance recovery partner, Tyler said he has heard from many wineries and vineyards that have voiced concerns...

Read More
News

Farella Braun + Martel Earns 2022 U.S. News – Best Lawyers® "Best Law Firms" Rankings

Northern California legal powerhouse Farella Braun + Martel earned national and regional rankings across several practice areas in the 2022 edition of U.S. News – Best Lawyers ® "Best Law Firms." The U.S. News...

Read More
Publication

Mitigating the Uncertainty of Smoke Taint in Wine Grapes

Smoke taint has dominated the worries of the California wine industry recent years. With unsettled climate conditions and continued droughts, there is no reason to think that smoke taint will not continue to be...

Read More
Publication

In Verizon Decision Careful Review of Insurance Policies Expands Coverage

In Verizon Communications Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa ., the Delaware Superior Court ruled that Verizon was entitled to a defense under its D&O policy for fraudulent transfer claims. Although...

Read More
News

51 Farella Lawyers Listed in The Best Lawyers in America© 2022 and Best Lawyers: Ones to Watch

Forty-six Farella Braun + Martel lawyers were selected by their peers for inclusion in the 2022 edition of The Best Lawyers in America © .  Five Farella lawyers were named to Best Lawyers: Ones to...

Read More
Publication

How to Guard Against 3 Cannabis Cyber Attack Risks

Cyber attacks are now commonplace. Ransomware attacks, in particular, have skyrocketed in frequency and size. High-profile data breaches have cost businesses in the United States millions of dollars in losses and incalculable reputational harm...

Read More