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Do ISO’s New “Access or Disclosure of Confidential or Personal Information and Data-Related Liability” Exclusions Eliminate Insurance Coverage for Cyber Liability and Data Breach Claims?
Michael L. Young 5/1/2014

A New York trial judge’s recent decision in Zurich American Insurance v. Sony Corporation of America has set the legal blogosphere aflutter with arguments and counter-arguments as to whether cyber liability and data breach claims fall within the “Personal and Advertising Injury Liability” coverage section (Coverage B) afforded by most commercial general liability (CGL) policies. view more

Court Rules Insurance Broker Had No Duty To Investigate Coverage Needs
Marc Zimet 12/4/2013

California Court of Appeals for the Fourth District Rules Insurance Broker Had No Duty To Investigate Insured’s Coverage Needs view more

Cherrington V. Erie Insurance Property and Casualty CO.: Defective Workmanship Claims Deemed to Constitute an “Occurrence” in West Virginia
Jeffrey D. Van Volkenburg 10/10/2013

On June 18, 2013, the West Virginia Supreme Court of Appeals issued its opinion in Cherrington v. Erie Insurance Property and Casualty Co., 745 S.E.2d 508 (W. Va. June 18, 2013). The opinion expressly reversed previous West Virginia jurisprudence through the Court’s holding that defective workmanship causing bodily injury or property damage is an “occurrence” under a commercial general liability (CGL) insurance policy. view more

Challenge to Regulations on Required Use of Death Master File
Fallyn Cavalieri 9/13/2013

In United Ins. Co. of Am. v. Boron in the Circuit Court of Cook County, Illinois, three life insurers have filed an action seeking declaratory and injunctive relief from the Illinois Department of Insurance Regulations that impose an obligation on life insurers to utilize the Social Security Death Master File to ascertain whether its insureds are deceased and benefits owed to their beneficiaries under policies issued in the State of Illinois. view more

Court of Appeals Rules Insured Must Accept Insurer’s Counsel
Marc Zimet 9/12/2013

CA Court of Appeals Rules Insured Must Accept Insurer’s Counsel Where No Conflict of Interest Exists That Could Be Influenced by Retained Counsel On August 26th, the California Court of Appeals ruled in Federal Insurance Company v. MBL, Inc. (2013) — Cal.App.3d– that an insured must accept its insurer’s defense counsel where no conflict of interest exists that could be influenced by defense counsel in litigation. view more

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