Data Law Insights

Data Law Insights

Legal insights on navigating privacy, data protection, cybersecurity, information governance, and e-discovery

Ellen MacDonald Farrell

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Missouri District Court Relieves Insurer of Duty to Defend TCPA Suit

Posted in Insurance, Privacy
On December 15, 2016, in The Travelers Indemnity Co. of Connecticut v. Max Margulis, et al., the U.S.  District Court for the Eastern District of Missouri ruled that an insurer did not have a duty to defend its policyholder in a suit alleging a violation of the Telephone Consumer Protection Act (“TCPA”). Margulis is one… Continue Reading

Internet of Things Raises Complex Insurance Coverage Issues

Posted in Cybersecurity / Data Security, Data Breach, Insurance
In a recent Law360 publication, C&M attorneys Rachel Raphael and Ellen Farrell discuss how the Internet of Things (IOT) can present complex insurance coverage issues.  As they explain, the tangible and intangible nature of IOT products can cause particular confusion between traditional general liability policies (which may exclude coverage for cyber incidents) and stand-alone cyber… Continue Reading

Arizona District Court Determines Scope of Coverage Provided by Cyberinsurance Policy

Posted in Cybersecurity / Data Security, Data Breach, Insurance
On May 26, 2016, in the case of P.F. Chang’s v. Federal Insurance Co., the U.S. District Court for the District of Arizona held that a stand-alone cyber insurance policy did not cover fees assessed by a third party credit card processing company against P.F. Chang’s following a June 2014 data breach.  This decision is… Continue Reading

Fourth Circuit Affirms Carrier’s Duty to Defend Against Security Breach Claims Under Traditional Insurance Policy

Posted in Cybersecurity / Data Security, Data Breach, Insurance, Privacy
Following an April 11 ruling by the Fourth Circuit in Travelers Indemnity Company of America v. Portal Healthcare Solutions, LLC, Travelers must defend its policyholder, Portal Healthcare, in a class action lawsuit concerning a security breach.  For years, courts have wrestled with whether traditional commercial general liability (CGL) policies provide coverage in event of a… Continue Reading

Eleventh Circuit Holding Highlights Importance of Choice of Law on Insurance Coverage for Cyber Incidents

Posted in Cybersecurity / Data Security, Data Breach, Insurance
On August 17, in the case of Carolina Casualty Insurance Company, et al v. Red Coats Inc., the Eleventh Circuit reinstated a suit brought by Admiral Security Services against two of its insurers, Continental Casualty and National Union, in the district court for the Northern District of Florida.  Admiral was seeking coverage under commercial general… Continue Reading

California District Court Dismisses Suit, Without Prejudice, Over Stand-Alone Cyberinsurance Policy

Posted in Cybersecurity / Data Security, Data Breach, Insurance
In follow up to our previous post, on Friday, July 17, the U.S. District Court for the Central District of California dismissed a lawsuit initiated by Columbia Casualty Company (“Columbia”) against Cottage Health System (“Cottage”) related to a data breach that released about 32,500 patient healthcare records that were stored electronically on Cottage’s network servers.… Continue Reading

California District Court Called Upon to Determine Scope of Coverage Provided by Stand-Alone Cyberinsurance Policy

Posted in Cybersecurity / Data Security, Data Breach, Insurance
The ever-increasing frequency of cyber incidents has caused companies to recognize the need for cyberinsurance policies in addition to more traditional types of coverage.  A recent case, Columbia Casualty Company v. Cottage Health System, No. 2:15-cv-03432, suggests that even coverage under these stand-alone cyberinsurance policies may have limits. Earlier this month, Columbia Casualty Company (“Columbia”)… Continue Reading