In the recent and significant Warren v DSG Retail Ltd [2021] EWHC 2168 (QB) decision the High Court in England clarified the limited circumstances in which claims for breach of confidence, misuse of private information and the tort of negligence might be advanced by individuals for compensation for distress relating to a cyber-security breach where the proposed
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New York Insurance Law: Under Construction
Imagine you hired a general contractor to renovate the master bathroom of your home. The general contractor hired a subcontractor to do the plumbing work, but the subcontractor botched the job, resulting in a massive leak causing extensive damage to other areas of your home and valuable personal property. You demand full compensation for the…
Sixth Circuit Finds Excess Carrier Had Duty to Indemnify Insured for Property Damage Arising From Alleged Misrepresentations and Duty to Defend When Primary Carrier Wrongfully Denied Coverage
In a decisively pro-policyholder decision issued by the United States Court of Appeals for the Sixth Circuit in IMG Worldwide, Inc. v. Westchester Fire Ins. Co., Nos. 13-3832, 13-3837 (6th Cir. July 15, 2014), the court righted a wrong in not only affirming a jury’s finding that an excess carrier had breached its duty to…
SPECIAL EVENT: American Conference Institute’s 18th Forum on D&O Liability Insurance
September 30-October 1, 2014
John Failla is speaking on “Questions and Concerns Surrounding Side A Insurance: Assessing How Much Coverage Is Needed, Terms to Now Look For, Examining Its Use for Public Companies, Non-Profits, Private Companies and Law Firms, and More”
New York’s High Court Finds Contractual Limitation Period Unenforceable, Where it Places Policyholder in Impossible Catch-22 Situation
How is a policyholder supposed to obtain coverage under a policy that requires the insured to bring its claim within two years of the loss and also imposes preconditions on bringing a claim that cannot reasonably be satisfied within two years? Recognizing the fundamental unfairness of such inconsistent policy provisions, the New York Court of…
West Virginia High Court Examines Number Of Occurrences Under Liability Insurance Policy
This year, the Supreme Court of Appeals of West Virginia issued an important decision concerning whether a carbon monoxide leak is a single or multiple occurrence under a liability insurance policy. Kosnoski, et al. v. Rogers, et al., No. 13-0494. The number of occurrences can be a critical issue in insurance coverage litigation because it…
Mind Your Ds and Os: Policy Language Proves Determinative in Director and Officer Insurance Coverage
A recent pair of opinions from New York and Pennsylvania shows the importance of evaluating all parts of director and officer (D&O) insurance coverage, down to each definition. These cases, one holding for the insured and one for the insurer, demonstrate that a policy’s terms can be absolutely critical if the insured seeks indemnification for…
New York’s High Court Holds That An Insurer’s Delay in Disclaiming Coverage Could Be Excused When The Delay Resulted From Unsuccessful Attempts To Secure The Policyholder’s Cooperation
Until recently, New York’s Insurance Law presented something of a dilemma for insurance companies concerning how quickly they were required to inform their policyholders that they were denying coverage for a claim. On the one hand, the law requires insurers to inform them “as soon as is reasonably possible” when disclaiming coverage for certain types…
Federal Judge Concludes Restitution May Be Covered Under Commonly Used Professional Liability Policy Language
A federal judge in Minnesota recently held that “restitution” paid to settle a class action lawsuit was covered under the terms of a professional liability policy. The court in U.S. Bank National Ass’n et al. v. Indian Harbor Ins. Co. et al. rejected the argument frequently used by directors and officers (“D&O”) insurance carriers that…
Cyber Hacking: Are You Covered?
Cyber hacking, data breaches, and privacy concerns are an increasingly common risk facing companies today. These breaches, often grabbing national headlines, can lead to substantial financial exposure. While a growing market for stand-alone cyber insurance policies is available to minimize this risk, companies facing exposure resulting from a data breach may also have existing coverage…