PropertyCasualtyFocus

  • All Topics
  • Contributors
  • About
  • Contact
  • Subscribe
You are here: Home / Archives for Cybersecurity

Cybersecurity

Cyberclaim Coverage Denied: The TCPA Protects Privacy, Not Personally Identifiable Information

July 16, 2015 by Jacob R. Hathorn

Picture of a Text Message

In Doctors Direct Ins., Inc. v. Beaute’ E’mergente, LLC, No. 1-14-2919 (Ill. App. Ct. June 22, 2015), an Illinois state appellate court recently affirmed that a medical malpractice liability insurer did not owe a duty to defend or indemnify its insured in an underlying class action lawsuit alleging violations of the Telephone Consumer Protection Act (the “TCPA”) and the Illinois Consumer Fraud and Deceptive Business Practices Act (the “ICFA”), because there was no ... Keep Reading »

Cybersecurity Coverage Litigation: Learning to Survive After the Second Wave Hits

June 22, 2015 by John C. Pitblado

Picture of Bob Denver on Gilligan's Island

It’s a familiar pattern.  First, new risks inspire legislation and regulations that impose new penalties.  Next, insurers and policyholders fight over whether the new liabilities are covered under traditional liability policies.  Finally, insurers craft new coverages to define their obligations in the changed environment.  See, e.g., DeMeo, Eldred, Utiger & Scruggs, "Insuring Against Environmental Unknowns," 23 J. Land Use & Envtl. L. 61, 62-65 (2007).  In this ... Keep Reading »

Telematics and Usage-Based Insurance: Benefits, Challenges, and the Future

April 24, 2015 by John C. Pitblado

Picture of a DeLorean

The NAIC's Center for Insurance Policy and Research (CIPR) released a white paper in March 2015 providing an excellent overview of the brave new world of automobile "telematics" data and their use in premium rate-making by auto insurance. Telematics allow for the measurement of actual driving habits, through remote access to a vehicle's real-time driving data. Thus, a driver's actual experience can be studied in data transmitted from, for example, the vehicle's ... Keep Reading »

Cyber Risk as a Regulatory Issue: Tales of Encryption

February 20, 2015 by John C. Pitblado and Robert B. Shapiro

Picture of Enigma Plugboard

Spurred by the prescient reporting found in this space (and, just maybe, by the Anthem data breach, which occurred a week later), insurance regulators have recently engaged in a flurry of regulatory activity relating to cyber security issues. Very shortly after the Anthem breach was announced, the newly-formed Cybersecurity (EX) Task Force of the National Association of Insurance Commissioners (NAIC) called for a multi-state examination of Anthem's cybersecurity ... Keep Reading »

Cyber Risk as a Regulatory Issue: A Connecticut Regulator Shares Her Insights

January 28, 2015 by John C. Pitblado and Robert D. Helfand

Picture of Laptop Spying

Even at Sony, cyber security was a hot topic before Kim Jong-un took an interest in Seth Rogen’s oeuvre. In 2011, hackers gained access to the personal and financial information Sony had collected on more than 100 million participants in its on-line gaming networks.  The incident was the subject of more than 60 class actions, for which Sony announced a settlement last summer. Sony’s plight illustrates one facet of the interrelationship between cyber risk and ... Keep Reading »

If a Tree Falls on the Internet … An Insurer Has a Duty to Defend

September 5, 2014 by Christopher B. Freeman

Picture of a Fallen Tree

Legal bloggers sometimes ask themselves:  If my post appears on the Internet, but there’s no evidence anyone has read it, have I been published?  The question has not yet been finally resolved among law firm compensation committees, but, in the data privacy context, a federal court in Virginia recently offered an emphatic "yes."  In Travelers Indemnity Company of America v. Portal Healthcare Solutions, LLC, No. 1:13-cv-917(GBL) (E.D. Va. Aug. 7, 2014), the court found ... Keep Reading »

  • « Previous Page
  • 1
  • 2
  • 3
  • 4
Carlton Fields Logo
A blog focused on legal developments in the property-casualty industry by the attorneys of Carlton Fields.

Get Weekly Updates!

Send Me Updates!

Focused Topics

  • Additional Insured
  • Bad Faith
  • Business Interruption
  • Class Action
  • Construction/Builder’s Risk
  • Coronavirus / COVID-19
  • Cybersecurity
  • Declaratory Judgment
  • Duty to Defend
  • Environmental
  • Flood
  • Homeowners
  • Occurrence
  • Pollution/Pollutant
  • Property
  • Regulatory
  • VIEW ALL TOPICS »

Recent Articles

  • Divided Ninth Circuit Finds Claimant’s Failure to Provide Medical Records Insulates Insurer From Bad Faith Failure to Settle
  • Eighth Circuit Finds No Coverage Under “Ensuing Loss” Provision Under Arkansas Law
  • Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

Carlton Fields

  • carltonfields.com
  • Practices
  • Industries
  • ExpectFocus Magazine

Related Industries/Practices

  • Insurance
  • Financial Lines Insurance
  • Property & Casualty Insurance
  • Financial Services & Insurance Litigation

About PropertyCasualtyFocus

  • All Topics
  • Contributors
  • About
  • Contact
© 2014–2025 Carlton Fields, P.A. · Carlton Fields practices law in California as Carlton Fields, LLP · All Rights Reserved · Privacy Policy · Disclaimer

Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please contact us. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites. This site may be considered attorney advertising in some jurisdictions. Web Design by Espo Digital Marketing