Blog Archives

Sixth Circuit Eases Plaintiffs’ Burden for Standing in Data Breach Claims

Insurance companies are susceptible to the same sort of data breaches as suffered by many other businesses, such as the recently reported theft from Yahoo of the personal data in half a billion accounts. In a major decision that may

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Posted in Cyberattack, Data Breach, Insurance, Litigation

Chinese Leftovers: P.F. Chang’s Not Entitled to $2 Million in Breach Costs

In what is thought to be the first published decision in a cyber insurance coverage case, popular Chinese restaurant chain, P.F. Chang’s, was denied coverage for certain costs incurred as a result of a 2014 data breach. Unfortunate as it

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Posted in Data Breach, Insurance, Litigation

Insurance Company Must Defend Against Data Breach Class Action, 4th Cir. Says

On Monday, the Fourth Circuit held that Travelers must defend Portal Healthcare in a class action claim arising out of an alleged medical records data breach. The class action, filed in New York state court in April 2013, alleges that

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Posted in Data Breach, Data Security, Insurance, Litigation

House Subcommittee Examines the Role of Cyber Insurance

On March 22, the House Homeland Security Committee’s Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies held a hearing on The Role of Cyber Insurance in Risk Management. The witnesses were Matthew McCabe, a Senior Advisory Specialist for cyber insurance

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Posted in Data Security, Insurance

Connecticut Supreme Court Likely To Affirm Personal Injury Coverage For Data Breach Requires Actual Publication To Third Parties

The Connecticut Supreme Court heard oral arguments Monday April 27th on an appeal testing the scope of coverage afforded for a business’s data loss or theft events under its Commercial General Liability insurance’s “Personal Injury” coverages.   Based on the Justices’

Posted in Data Breach, Data Security, Insurance, Litigation

Court Holds that Privacy Violations Allegations Are Not Covered

A federal court in Washington recently issued an unpublished decision affirming that a common policy exclusion protects insurers from having to provide coverage in certain cases of alleged privacy violations. The same court issued a similar order earlier this year.

Posted in Insurance, Privacy, Video Privacy Protection Act

Data Breach Liability Exclusion – It’s Not Your Father’s CGL

No business is immune to data breach. Digital data in particular can be lost in innumerable ways, causing serious business interruptions and consumer injuries. After falling victim to a hack, virus, or cyber theft, companies often search for coverage under

Posted in Data Breach, Insurance
About Cyber Law Monitor
In the new digital world, individuals and businesses are almost entirely dependent on computer technology and electronic communications to function on a daily basis. Although the power of modern technology is a source of opportunity and inspiration—it also poses huge challenges, from protecting privacy and securing proprietary data to adhering to fast-changing statutory and regulatory requirements. The Cyber Law Monitor blog covers privacy, data security, technology, and cyber space. It tracks major legal and policy developments and provides analysis of current events.
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