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Category Archives: Damages

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One Beacon Files DJ: No CGL Coverage for Retailers in Zip Code Disputes

Posted in Coverage, Credit Card Transaction, Damages, Declaratory Judgment Litigation, Insurance

OneBeacon  America Insurance Company filed a DJ against retailers Urban Outfitters and Anthropologie in federal court in Pennsylvania on September 10, 2013.  The retailers have been sued in “Zip Code Actions” brought by consumers alleging that the stores request zip codes when completing credit card transactions, a practice that allegedly violates consumer protection and privacy laws in the District… Continue Reading

Cyber Risk and Professional Firms

Posted in 2013 Issues, Business Practices, Coverage, Cyber Breach, Cyber Costs, Damages, Data Breach, Insurance

Earlier today Kari Timm moderated a panel on cyber risk and insurance for law firms and other professional firms during the 2013 PLUS Professional Risk Symposium.  To see a short video discussion on cyber risks for professional services firms from the 2013 PLUS Professional Risk Symposium please visit the PLUS Blog (

US v Cotterman: Electonic Data Has Value

Posted in Damages, Password

The influential Ninth Circuit Court of Appeals recently issued an important decision in a “watershed case” regarding the expectation of privacy in password protected electronic devices. US v Cotterman Handed down on March 8, 2013, US v Cotterman involved the border search of a registered sex offender entering the US from Mexico. When they were… Continue Reading

Healthcare Organizations still “under the weather” according to Ponemon’s Second Annual Study on Patient Privacy and Data Security

Posted in Cyber Breach, Damages, Data Breach, Federal Legislation, Health Records Privacy, Healthcare, HIPPA, HITECH, physician, Uncategorized

Although Ponemon’s Second Annual Benchmark Study on Patient Privacy and Data Security has shown some improvement for health organizations the overall message is still bleak.  The second annual report examines changes from the past year that may have affected privacy and data protection in healthcare organizations.  It also looks as how well the healthcare organizations are… Continue Reading

Breach Mitigation Costs Are Cognizable Damages Under Maine Law

Posted in Cyber Costs, Damages, Data Breach

In a ground-breaking case, the U.S. Court of Appeals for the First Circuit has held that costs incurred to mitigate losses caused by a data breach are cognizable damages under Maine law.  The case, Anderson v. Hannaford Bros. Co., will likely have a far reaching impact on businesses that maintain personally identifiable information and could… Continue Reading

CFAA Claims Dismissed in Interclick History Sniffing Case; State Law Claims Allowed

Posted in Business Practices, CFAA, Class Action, Damages, Privacy Legislation

The U.S. District Court for the Southern District of New York has found that the plaintiff in the Interclick history sniffing class action cannot establish damages under the Computer Fraud & Abuse Act (“CFAA”) and has dismissed plaintiff’s federal claims.  However, the court is allowing plaintiff’s deceptive practices and trespass claims to proceed. Late last year,… Continue Reading

Reinsuring Cyber Risks

Posted in Cyber Breach, Damages, Reinsurance

Many of the underwriting and wording considerations that direct insurers bring to cyber risks  apply to reinsurers as well.   But there are also issues that are unique to reinsurers.  We will explore some of these issues in periodic postings.   Click here for Reinsuring Cyber Risks: Be Careful Out There , our analysis of reinsurance wording issues and… Continue Reading

Sony Insurers Should Expect a Busy Year

Posted in Cyber Breach, Damages, Retail, Uncategorized

Sony insurers are going to have a busy year.  Sony is estimating loses of $3.2 billion [pdf] from the Earthquake damage and Sony’s continued troubles with hackers.  Since our last post we have learned: The hacker used Amazon’s Elastic Computer Cloud, or EC2, service to attack SOE. May 17, Sony’s chief executive, Howard Stringer, claimed… Continue Reading

Unauthorized Disclosure of Personal Information May Cause Injury In Fact

Posted in Damages

Typically, consumers have faced an uphill battle establishing damages following a data breach.  However, in the recent case Claridge v. RockYou, Inc., the United States District Court for the Northern District of California acknowledged that claims arising out of the unauthorized disclosure of personal information are relatively new and given the lack of existing authority,… Continue Reading