Catch-All RORs? South Carolina Again Says No

The South Carolina Supreme Court reaffirmed that when an insurer reserves rights to deny coverage, the specific grounds stated in the insurer’s reservation of rights letter are critical. In rea

Congress Rolls Back FCC Privacy Regulations

On March 28, 2017, Congress passed legislation (S.J. Res. 34) that rolled back privacy regulations recently adopted by the Federal Communications Commission. The resolution passed the Senate by a vote

Cease and Desist: Is This the Beginning of the End for Concierge Medicine Practices?

A small but growing trend to regulate the practice of “concierge medicine” (or “retainer medicine”) could significantly impact the healthcare and insurance industries. On Octob

Comments on NYSDF Cybersecurity Regulation Begin Pouring In

On September 28, 2016, the New York State Department of Financial Services (DFS) released for comment a proposed new regulation entitled Cybersecurity Requirements for Financial Services Companies (23

Comments on NYSDF Cybersecurity Regulation Begin Pouring In

On September 28, 2016, the New York State Department of Financial Services (DFS) released for comment a proposed new regulation entitled Cybersecurity Requirements for Financial Services Companies (23

Court Finds Ambiguity Over When Property Damage Commenced

Ambiguity surrounding the term “commencing” led a court to deny an insurer’s motion seeking to dismiss an insured’s property damage claim, despite the insured’s inabil

Change in Court Rules Could Increase Legal Costs of Connecticut-Licensed Insurers Appearing Before Commissioner

The State of Connecticut recently revised Section 2-16 of the Connecticut Superior Court Rules to require that an attorney not admitted in the State of Connecticut be admitted pro hac vice prior to ap

Credit Card Payment Coverage Declined: Cyberinsurer Not Obligated to Reimburse P.F. Chang’s for PCI Liability

In the most significant cyberinsurance coverage decision to date, an Arizona federal district court in P.F. Chang’s China Bistro v. Federal Insurance Co., No. CV-15-01322-PHX-SMM (D. Ari. May 3

Citizenship of Unincorporated Associations: Insurers Warned to Take Consistent Positions on Diversity Jurisdiction

Certain insurers must now give pause to the common practice of filing in or removing to federal court on the basis of diversity. The U.S. District Court for the District of Oregon recently mirrored th

Controversial Cybersecurity Information Sharing Act Passes Senate, Will Likely Become Law

This post originally appeared on Goldberg Segalla’s Data Privacy and Security blog.  On October 27, 2015, the United States Senate passed S.754, the Cybersecurity Information Sharing Act

Court Issues Decision in “20 Percent of Something is Better than 100 Percent of Nothing” Case

Judge Thomas C. Wheeler of the U.S. Federal Court of Claims has issued a decision in one of the most watched cases directly tied with the government response to the 2008 financial crisis.  In Starr

Connecticut Supreme Court Makes Significant Ruling in Data Breach Case

The Connecticut Supreme Court made a very significant ruling yesterday in Recall Total Information Management, Inc. v. Federal Insurance Co., adopting wholesale the Appellate Court’s well-reaso

Colorado Supreme Court Holds Notice-Prejudice Rule Inapplicable to Notice Requirement in Claims-Made Policies

In Craft v. Philadelphia Insurance Co., 2015 CO 11 (Feb. 17, 2015), the Colorado Supreme Court held that the notice-prejudice rule (an insured who gives late notice of a claim to his/her insurer does

Cyber Breaches Prompt Government Action

The recent data breach at health insurer Anthem has sparked new legislation in Connecticut.   During the breach, at least 80 million records were stolen.  According to NBC News, among the 80

California Issues Emergency Regulation on Access to Healthcare Providers

During his second inauguration, California Insurance Commissioner Dave Jones, announced a new emergency regulation relating to access to healthcare providers.  According to an accompanying press re

Carriers With Mutually Repugnant Other Insurance Clauses Found To Contribute Pro-Rata To Underlying Defense

Certain Underwriters at Lloyds v. Waveblast Watersports, Inc.. 2015 U.S. Dist. LEXIS 4267, (S.D. Fla. Jan. 14, 2015). This declaratory judgment action stems from an underlying parasailing acc

Compulsory Insurance Doctrine Negates Insurer’s Late Notice and Cooperation Defenses, 8th Circuit Says

In Northwest Airlines, Inc. v. Professional Aircraft Line Service, No. 13-1754, 2015 U.S. App. LEXIS 546 (8th Cir. Jan. 14, 2015), the Eighth Circuit rejected an insurer’s attempt to deny cover

Claim Against Vehicle Owner Key to Umbrella Coverage for Auto Loss Caused by Permissive Driver

In this insurance coverage action, Allstate  appealed from an order granting summary judgment and determining that a permissive user of a motor vehicle was covered under Allstate’s  umbre

Californians – “Insurance on My Mind”

California voters had insurance on their minds during the mid-term elections with at least two insurance-related questions on the ballot. The first was Proposition 45, entitled the “Healthca

Court Finds TCPA Violations Do Not Relate to Other Lawsuits Involving Non-TCPA Claims

The Superior Court of Delaware, New Castle County, ruled that RSUI Indemnity Company owed its insured, Sempris, LLC, a duty to defend and indemnify against an underlying TCPA lawsuit pending in the Un

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