Rachel Raphael is an associate at Crowell & Moring, where she is a member of the firm’s Insurance/Reinsurance Group. Her practice involves litigation, arbitration, and counseling on a wide variety of insurance/reinsurance issues and includes pre-dispute advice as well as insurer/reinsurer representation in complex disputes. Rachel received her J.D. from Harvard Law School in 2013. Prior to law school, Rachel worked as a financial analyst in the restructuring group of Houlihan Lokey, a global investment bank.
By Ellen MacDonald Farrell, Rachel Raphael and Thomas Kinney on Posted in Insurance,PrivacyOn 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
By Rachel Raphael on Posted in Cybersecurity / Data Security,Data Breach,Insurance,PrivacyOn March 2, 2016, the National Association of Insurance Commissioners (NAIC) Cybersecurity Task Force proposed a new model law intended to “establish the exclusive standards for data security and investigation and notification of a breach of data security” in the insurance industry. The model law requires licensed insurers and producers to: Develop, implement and maintain… Continue Reading
By Rachel Raphael on Posted in Cybersecurity / Data Security,Data Breach,InsuranceOn October 14, the National Association of Insurance Commissioners (NAIC) announced its cybersecurity “bill of rights” which outlines six rights of insurance consumers. Generally speaking, the bill of rights is divided into three broad categories: (1) standard consumer information, (2) insurer safeguards and actions and (3) post-breach and identity theft protections. Although most states have… Continue Reading
By Rachel Raphael on Posted in Cybersecurity / Data Security,Data Breach,InsuranceIn a recent Law360 publication, C&M attorneys Rachel Raphael and Ellen Farrell discuss how directors and officers (D&O) insurance coverage applies when a company experiences a data breach. As they explain, D&O policies may provide some coverage when a company’s directors and officers are sued after a cyber incident, but there are often policy exclusions… Continue Reading
By Ellen MacDonald Farrell and Rachel Raphael on Posted in Cybersecurity / Data Security,Data Breach,InsuranceThe 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