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
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 (http://plusblog.org/2013/04/10/cyber-risk-and-professional-firms/).
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
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
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 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
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