Archive | August, 2012

Defendants presented as one party in an action may not be able to challenge an apportionment of responsibility

Two separate insurers insured two defendants in a tort action. The defendants’ were presented as one party in the tort action, and were represented by one counsel. No crossclaims were made. Following judgement, one insurer sought a declaration that the two defendants should bear equal responsibility for the tort judgments. The court held that by melding the positions of […]

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Bibeka Shrethsa quotes me in her article, “6th Circ. DSW Ruling Reveals New Data Breach Coverage Path”

In her article, 6th Circ. DSW Ruling Reveals New Data Breach Coverage Path, author Bibeka Shrestha writes about a recent ruling from the United States Court of Appeals for the Sixth Circuit.  The decision, Retail Ventures, Inc. v. National Union Fire Insurance Co. of Pennsylvania, — F.3d —, No. 10-4576/4608, slip op. (6th Cir. Aug. 23, 2012), affirmed the […]

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What is the Cost of Solvency?

The Group Captive offers most of the same benefits of a SIG along with a built in compliance program in the form of a regulated policy issuing company or front. Risk sharing, customized claims and loss control, experience underwriting and premium savings are all available from a Group Captive program.

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Video clip about potential insurance coverage for statutory based damages relating to data breaches and blast fax claims.

My good friends at HB Litigation Conferences posted a video from their 2012 East Coast NetDiligence Cyber Risk and Privacy Liability Forum that took place in Philadelphia on June 4-5, 2012.  In this video clip, I respond to moderator Ted Kobus‘ question about whether statutory damages, imposed after a data breach, are covered under liability […]

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