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Recent Blog Posts
- BIPA Liability: Existing CGL Coverage May Provide a Lifeline for Policyholders Developments in the law have increased the potential liability that companies could face under the Illinois Biometric Information Privacy Act (BIPA), but fortunately for policyholders, Illinois case law has also solidified coverage for BIPA claims under the Commercial General Liability (CGL) policies they already have. As BIPA claims make their way through the courts, the range of potential liability under the statute has grown. BIPA generally bars private entities from collecting, capturing, purchasing, receiving, or otherwise obtaining a person’s biometric information without... More
- Maximizing Your Insurance Coverage for Data Privacy Liability With news of massive data breaches making headlines in recent years, the handling of personal data has become a focus for legislators and regulators around the world. Compliance with data privacy regulations such as the European Union’s General Data Protection Regulation (GDPR) and the California Privacy Rights Act (CPRA) promises to be one of the major challenges for businesses going forward as violations of these regulations present the risk of substantial fines or penalties. In order to manage that potential liability,... More
- Are Communications With Your Insurance Broker Privileged Under New York Law? Discussions with an insured’s insurance broker are often an important part of the negotiation process for insurance claims. Brokers can provide valuable insights on the drafting and underwriting of the insurance policy as well as the attitudes of insurers on particular issues. But are communications between a client, coverage counsel, and the client’s insurance broker privileged? A previous post addressed California decisions finding that disclosure of privileged information to an insurance broker did not waive privilege because those disclosures were... More
- Another Federal Circuit Finds Phishing Loss Covered Under Crime Policy Companies of all sizes have fallen victim to attacks whereby fraudsters will use deceptive communications, such as spoofed emails, to trick an employee into transferring money into the fraudsters’ control. While these increasingly prevalent schemes are an ever-present risk for businesses, the body of case law finding these losses covered under crime insurance policies continues to develop. In a previous post, we discussed decisions from the Second Circuit and Sixth Circuit that have found coverage under crime policies for phishing-related... More
- Are Losses Resulting from Phishing Incidents Covered by Crime Policies Insuring Against Computer Fraud? It is an all-too-common dilemma. As phishing schemes have become more prevalent and more sophisticated, businesses of all sizes have fallen victim to these attacks where a fraudster will use a spoofed email or other deceptive communication to trick an employee into transferring money into the fraudster’s control. While this is a difficult scenario for anyone to face, two decisions from federal circuit courts have offered policyholders some relief by finding coverage for these losses under policies insuring against Computer... More