E&O PREVENTION

Panama Papers Takeaway for Financial Institutions: Check Your D&O and E&O Insurance

By Finley T. Harckham, Esq., Marshall N. Gilinsky, Esq. and Peter A. Halprin, Esq. of Anderson Kill P.C. This month, The International Consortium of Investigative Journalists began reporting on the

Insurance Broker Had No Duty to Inform Security Company Insured of Change in Exclusion Language for Alarm Systems

By Donald A. O'Brien, Esq. of Hinshaw & Culbertson LLP Schlossberg v. B.F. Saul Insurance Agency of MD, Inc., Case No. GJH-13-3076 USDC (Dist. of Maryland, Southern Div.) December 8, 2015 Pl

The Proof Is In The Password!

By Geoffrey Belzer, Esq. of Wilson Elser Consider this scenario: A young couple entrusts you, an experienced real estate attorney, to assist them in the purchase of their first home. Days before cl

Two Significant Privacy and Data Protection Developments for the Insurance Industry

By Theodore Augustinos, Esq. and Karen Booth, Esq. of Locke Lord LLP Recent action by the National Association of Insurance Commissioners (NAIC) could eliminate the requirement to issue redundant a

Check Your Spam Filter, You Might Have Been Selected for a HIPAA Audit

By Joseph J. Lazzarotti, Esq. and Michael R. Bertoncini, Esq. of Jackson Lewis P.C. The federal Office for Civil Rights (OCR) announced Phase 2 of its HIPAA Audit Program (Program). In its announce

No Contribution Required Of Excess Insurer Where It Did Not Consent To Settlement

By Alan Jampol, Esq. of Jampol Zimet LLP Consent To Settlement In February, the California Court of Appeal ruled in Doe Run Resources Corp v. Fidelity & Casualty Co. of New York (2016) WL 37

Liability for Hacked Emails?

By Seth L. Laver, Esq., Michael P. Luongo. Esq. and Michael S. Saltzman. Esq. of Goldberg Segalla Professionals depend on third-party email services to operate their business.  As a result, prof

I Have A First Amendment Right To Observe And Record! Or So I Thought

By April L. Cressler, Esq. of Marshall Dennehey Warner Coleman & Goggin, P.C.  Fields v. City of Phila., 2016 U.S. Dist. LEXIS 20840 (E.D. Pa. Feb. 19, 2016) The United States District Co

5 Mistakes Salespeople Make Using Social Media

By Mark Hunter, “The Sales Hunter” Sites like LinkedIn, Facebook, Twitter and others can be powerful tools to help you prospect more effectively. In my new book coming out this Septe

California Contract Law: A Protective Big Brother

By Robert Stellwagen, Esq. and Erin Dunkerly, Esq. of Collins Collins Muir + Stewart LLP In 2013, the United States Supreme Court unanimously held parties to their contract. In Atlantic Marine Cons

What’s Covered and How Much Does It Cost?

Joseph L. Petrelli, ACAS, ASA, MAAA, FCA, President, Demotech, Inc. When providing insurance quotations from several markets for an existing insured or a potential new client “What’s c

Insurance Producer Had No Duty to Review Insured’s Application for Replacement Coverage and Explain the Application to the Insured

By Donald A. O'Brien, Esq. of Hinshaw & Culbertson LLP Office Furnishings, Ltd. v. A.F. Crissie & Co., No. 1-14-1724 (Illinois Appellate Court, 1st Dist. December 16, 2015) Plaintiff was

When Cyber Claims Arise, Don’t Overlook Traditional Insurance Coverage

By Joshua Gold, Esq. of Anderson Kill P.C. A decision handed down by the Fourth U.S. Circuit Court of Appeals this week highlights that traditional insurance policies still provide valuable insuran

Insurer Found Not to Have Waived a Property Damage Policy Exclusion That Was Omitted in Initial Coverage Letter

By Jonathan E. Meer, Esq. of Wilson Elser The New York Appellate Division, Second Department on April 6, 2016, reaffirmed in Provencal, LLC v Tower Ins. Co. of N.Y, 2016 N.Y. App. Div. LEXIS 2529,

Cyber Risks for Contractors

By Seth L. Laver, Esq., Michael P. Luongo, Esq., and Latha Raghavan, Esq. of Goldberg Segalla Professional have become increasingly reliant on digital technology to run their practices.  This di

The Panama Papers and Implications for Cyber Security in Law Firms

By Alan Meneghetti, Esq., Natasha Ahmed, Esq. and Philippa Townley, Esq. of Locke Lord LLP What seems like a long time ago now, in 2011 PricewaterhouseCoopers (PwC) warned that “there is n

Defend Trade Secrets Act Set to Become Law

By Clifford R. Atlas, Esq., Peter R. Bulmer, Esq. and Erik J. Winton, Esq. of Jackson Lewis P.C. For the first time, there will be a federal private right of action for misappropriation of trade se

Fourth Circuit Holds Coverage Allowed for Data Breach Under Commercial General Liability Policy

By Thomas Paschos, Esq. of Thomas Paschos & Associates, P.C. In Travelers Indemnity Company of America v. Portal Healthcare Solutions, L.L.C., No. 14-1944 (4th Cir. (Va.) April 11, 2016), Trave

Limitations on a Realtor’s Duty to Warn in New Jersey

By Iram P. Valentin, Esq. and David J. Gittines, Esq. of Kaufman Dolowich & Voluck, LLP. Clawing back on the ever-expanding duties imposed on those selling real estate in New Jersey, the Thi

Hawaii Supreme Court Carries on Trend Finding Title Insurer Liable in Bad Faith for Unreasonably Pursuing Litigation

By Alan Jampol, Esq. of Jampol Zimet LLP  In 1975, a California appellate court delivered a nasty shock to the title insurance industry in California and elsewhere by reminding title insurers, w

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