We in business are all overwhelmed with reading material, but I try to make sure that I read at least some legal and business publications every day to keep up with developing trends. And, it seems that every day I see another article about a new hacking incident, or another dire warning about cyber-risk. (The
Specialty Insurance
New Developments in Cyberliability Coverage
By Gene Killian on
If you’re a Rolling Stones fan, you may remember the (underrated) 1974 song, “Fingerprint File.” (You can hear it by clicking here…“Listenin’ to me/On your satellite.”) Who knew that, four decades ago, Mick and Keith could be so prescient about cybersnooping and leaks of sensitive data? Edward Snowden, Bradley Manning, NSA, Nigerian scammers…even British …
Insurance coverage for cyberliability
At the end of this month (January 26, to be exact), assuming that the Mayans remain incorrect, I’ll be doing a presentation to the New Jersey Institute for Continuing Legal Education on the topic of insurance coverage for cyberthreats. Of course, I probably should be disqualified from making any comments whatsoever about trends in computer-related…
The “Eight Corners” Rule and the Duty to Defend
By Gene Killian on
One of the issues that frequently comes up in complicated third-party cases is: How far outside the underlying complaint does the carrier have to go to determine whether coverage exists? New Jersey is not an “eight corners” state (in which all the court considers is the four corners of the policy and the four corners…
Disability insurance in a war zone
By Gene Killian on
The New Jersey Law Journal reports that defense contractors’ employees who worked in Iraq and Afghanistan are suing Prudential Insurance, alleging that it sold policies without disclosing that war-zone deaths and injuries were not covered.
The policies, sold to civilians at U.S. military bases overseas, were worthless as a result, the plaintiffs charge in Menkes …
Fidelity insurance and Ponzi schemes
By Gene Killian on
Spring is a time of rebirth and hope, especially for baseball fans. No matter how badly your team played last year, when March rolls around, you’re tied for first! That is, unless (like me) you’re a fan of the woeful New York Mets. After just a few weeks of spring training, their third baseman already…
Employment practices liability insurance
By Gene Killian on
Lots of times, businesspeople who buy insurance make (reasonable) assumptions. For example: “If I have employment practices liability insurance, I must be covered for claims arising out of employment practices…right?”
Mmmmm…not so fast. Most EPLI policies contain a hidden gap that’s wide enough to drive an eighteen-wheeler through.
EPLI coverage came on the market a…
Reformation of Insurance Policies Due To “Mutual Mistake”
By Gene Killian on
Back in the 1980s, when we were all fighting over the meaning of the “sudden and accidental” pollution exclusion, it became fashionable for coverage lawyers to quote “Alice in Wonderland.” If memory serves, there was even a battle of law review articles (sponsored by the insurance industry on one side and corporate policyholders on the…
Insurance coverage for SEC investigations
By Gene Killian on
The SEC has been getting more and more aggressive with investigations into alleged securities fraud, as well as with filing civil securities fraud actions. In fact, we just got an SEC securities fraud action dismissed against one of our clients a couple of weeks ago…but it was an expensive fight. Over at Property Casualty 360…
Spider-Man and Event Cancellation Insurance
By Gene Killian on
This weekend, my family is taking me to see “Spider-Man: Turn off the Dark” to celebrate the 12th anniversary of my 39th birthday. (The show is still in interminable previews.) Given how things have gone so far for Spidey, I’m hoping that one of the actors doesn’t land on my head. Anyway, over at…