Monday, August 03, 2015
   
Insurance Sidebar :: Amy Stewart PC’s Law Blog on Insurance Coverage Issues Minimize

The Worst Case Scenario

Recently, Lloyd’s of London and the University of Cambridge co-authored a report forecasting that a major cyberattack on the East Coast of the U.S. could result in $70 billion in claims, stressing potentially gaping deficiencies in both traditional and cyber policies to respond to such an event.

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SCOTX Continues Debate Over Material Breach Rule

This week Tarron Gartner-Ilai's and Whitney Warren's in-depth article on what constitutes a material breach was published in The Journal of Texas Insurance Law, a State Bar of Texas publication. 

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‘Hack-attack insurance becomes a must:’ Amy Stewart featured in Dallas Morning News

As cyber attacks make almost daily news, the attorneys at Amy Stewart Law are spending an increasing amount of their time making sure the firm’s clients have adequate coverage from this constantly evolving threat. The firm’s work with cyber insurance was featured in a column by the Dallas Morning News’ Cheryl Hall.

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Register today for Uncovering Insurance Issues in M&A – What Every Firm Needs to Know LIVE Webcast!

Please join Amy Elizabeth Stewart along with the rest of the panel for this two-hour webcast on Friday, August 7th. The course will contain an in-depth discussion of the fundamentals of M&A insurance as well as updates surrounding Insurance needs of D&Os, businesses, and selling stockholders that arise in connection with public and private mergers and acquisitions.

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Amy Elizabeth Stewart presents Cyber Webcast July 22nd

Cyber Insurance  ::  The Future is Now Webcast

From nearly 20 million security incidents detected in 2011 to more than 40 million in 2014, cyber breaches are dominating headlines.  As corporate America attempts to stay ahead of its cyber exposures, the insurance industry is scrambling to create solutions to meet the risk-transfer demand.

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Tips for Buying Corporate Cyber Insurance

After cyber breaches have dominated the headlines for more than a year (e.g., Target, Sony), experts now say there are two types of businesses in today’s world –  those who know they have been hacked, and those who have not yet discovered the breach.

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Risk Mitigation :: It’s All Fun and Games until Somebody Gets Hurt

Imagine a situation in which the employee of your company’s vendor is injured while performing work for your company under a service agreement. The employee, likely unable to sue his or her own employer due to the exclusive remedy provisions of an applicable state’s workers compensation act, sues your company.

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The Fifth Circuit Slices and Dices Flood Claims

In late May, the Fifth Circuit decided Robert and Kerry Spong’s case against their insurer, Fidelity National Property and Casualty Insurance Co., holding that state law rights relating to an insurer’s claims handling are preempted by federal law, but those concerning the sale of the policy itself are not.

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What Cyber Insurance Lessons Did We Learn from Sony-Zurich?

Sony and Zurich recently reached a settlement in an insurance coverage dispute over the April 2011 hacking of Sony’s PlayStation network, resulting in the release of personal information of over 77 million user accounts. At the time, it was the largest data security breach in history, costing Sony roughly $178 million in lost profits.

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Policyholders Should Not Mourn the Death of SB 1628

Failing to make the cut for the May 26th House calendar, Senate Bill 1628 is dead.  
 

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Could Poor Cyber Risk Management Void Your Cyber Coverage?

We recently predicted cyber insurers would attempt to avoid coverage on grounds the insured failed to implement appropriate security protocols. Regrettably for policyholders, that prediction is already becoming a reality.

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Cyber Insurers Draw First Blood

Last week produced one of the first published cases interpreting a cyber insurance policy—in Travelers Prop. Cas. Co. of Am. v. Federal Recovery Services, Inc., No. 14-170 (D. Utah). Granting Travelers’ motion for partial summary judgment, the district court on May 11 decided the cyber policy was not triggered and the insurer had no duty to defend its insured.

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Texas Bill Would Harm Insurance Policyholders

A bill now pending before the Texas Legislature would dilute the incentive for insurers to do the right thing, predicts Amy Kincaid Berry, Of Counsel at Dallas’ Amy Stewart Law. By revising sections of the Texas Insurance Code that penalize insurance companies for making late or insufficient payments to policyholders, Senate Bill 1628 would “remove significant consequences for bad behavior,” Berry says.

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Amy Stewart, Tarron Gartner-Ilai Named to D Magazine 2015 Best Lawyers List

Congratulations to Amy Stewart Law Managing Principal Amy Elizabeth Stewart and Principal Tarron Gartner-Ilai, who were both named to D Magazine’s 2015 listing of the Best Lawyers in Dallas based on their expertise in insurance law.

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Vail Remains “Un-Veiled”

On March 27, 2015, the Texas Supreme Court dismissed United National Insurance Company’s petition for review of United National Insurance Company v. AMJ Investments, LLC, 447 S.W.3d 1 (Tex. App.—Houston, June 26, 2014).  This development leaves intact AMJ, which follows Vail v. Texas Farm Bureau Mutual Insurance Company, 754 S.W.2d 129 (Tex. 1988), with respect to Texas Insurance Code damages.

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Please visit our web site at www.amystewartlaw.com.
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About Minimize
Amy Stewart Law is a boutique law firm that represents policyholders in insurance coverage litigation and bad faith, with an emphasis in directors & officers liability, cyber insurance, fiduciary liability, professional liability and other specialty liability coverages.



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  • insurance coverage litigation
  • bad faith litigation
  • policy interpretation & analysis
  • insurance review & planning advice
  • mediation | insurance coverage
  • mediation | bad faith
  • advice | insurance disputes
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