Wednesday, July 01, 2015
   
Insurance Sidebar :: Amy Stewart PC’s Law Blog on Insurance Coverage Issues Minimize

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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The Future of Privilege Logs in a Nutshell (or E-mail Thread)

Privilege logs: the nemesis of associates (and clients) everywhere. From personal experience, I can tell you a privilege log involving thousands of entries can take up weeks of an associate’s time, costing the client tens of thousands of dollars.

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A good day for our Shelbi Barnhouse

Sending out big congratulations to our own Shelbi Barnhouse, first for being named (once again) to the elite list of Texas Rising Stars and, second, for the impending birth of her daughter, who is due any minute now. We can’t wait to meet the newest member of her family.

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Buckle Up: More Independent Injury Turbulence

Churning the already choppy seas of Insurance Code damages case law, the Dallas Division of the U.S. District Court for the Northern District of Texas recently issued an opinion in Charla G. Aldous PC and Charla Aldous v. Teresa Lugo and Darwin National Assurance Company, supporting the Fifth Circuit’s so-called “independent injury requirement.” 2014 U.S. Dist. LEXIS 159684 (N.D. Tex. Nov. 12, 2014).

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SCOT Drills BP's Hopes of Coverage

On Friday, the Texas Supreme Court issued its much-anticipated opinion in the Deepwater Horizon coverage litigation in response to questions certified by the Fifth Circuit in 2013. In an 8-1 opinion, the Texas high court limited the scope of additional insured coverage to liability assumed by the named insured in a drilling contract.

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When is a Breach Not a Breach? Greene v. Farmers Ins. Exch. and the SCOT’s Continuing Debate over the Material-Breach Rule

Last summer, the Texas Supreme Court’s decision in Greene v. Farmers Ins. Exchange, 2014 TEX. LEXIS 757 (Tex. 2014) left many of us scratching our heads. In Greene, the Court reached the surprising conclusion – at odds with prior rulings – that the vacancy clause of a Texas homeowners policy is not “breached” by the insured’s failure to occupy the residence premises, because it does not confer an obligation upon the insured to occupy the property, but merely defines the scope of what the policy insures.

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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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