Can an intentional attack carried out through social media trigger liability coverage? A recent Pennsylvania case found potential coverage under a homeowner’s policy for a case of cyber bullying that ended in the suicide of the victim. The court found
Tech Risk Report
Protecting Innovative Companies Against 21st Century Risks
Tech Risk Report, published by Perkins Coie LLP, focuses on legal developments and insurance coverage issues related to technology risks. The blog covers topics such as biometric information privacy litigation, particularly under the Illinois Biometric Information Privacy Act (BIPA), insurance disputes involving general liability policies, and business interruption claims arising from events like the COVID-19 pandemic. It also addresses regulatory and court decisions impacting technology companies and policyholders, including coverage interpretations for communicable disease clauses and data privacy concerns. The blog provides updates on litigation trends, insurance coverage battles, and regulatory guidance relevant to technology-driven risks and their legal implications.
Latest from Tech Risk Report - Page 5
Biometrics Liability on the Rise: Are you Covered?
By Jim Davis
Biometric Privacy Lawsuits
In early 2019, the Illinois Supreme Court opened the floodgates for advancing private causes of action under the state’s 2008 Biometric Information Privacy Act (“BIPA”), 740 ILCS 14 et seq. In Rosenbach v. Six Flags, the…
Collateral Damage: War Exclusions and Cyber Coverage
By Jim Davis
The entire insurance industry is suddenly abuzz about the rarely discussed “war exclusion.” A standard provision in most policies that excludes claims caused by a hostile or warlike action in time of peace or war, usually by a military or…
How Risky is the Insurance from a Non-Admitted Insurer?
By Perkins Coie
Should you stress if the insurance company issuing the policy that is supposed to be protecting your business—whether in a certificate of insurance you received from a third party or within your own insurance portfolio—is “non-admitted”? As discussed below, there…
Beyond GDPR: Insurance Coverage for Emerging Cybersecurity and Privacy Regulatory Exposure
The European Union’s sweeping Global Data Protection Regulation (GDPR), which took effect on May 25, 2018, dramatically expanded the compliance obligations of companies collecting or using European Union citizens’ personal information. It also substantially increased regulatory exposure for companies due…
Companies Engaged with Digital Assets Should Push For D&O Coverage That Protects Traditional Securities Activities
Companies engaged with digital assets, particularly those companies without a track record, are finding it to be a struggle to procure broad directors & officers (“D&O”) liability coverage. Specifically, insurance underwriters are spooked by the regulatory uncertainty surrounding digital assets,…
Social Media and New Businesses: Can Anticipatory Use of Social Media Threaten Insurance Coverage?
By Jeff Bowen
Many businesses rely upon social media to raise awareness and enhance visibility of a new product or new line of business. Social media platforms such as Facebook are often used to generate buzz around an opening or a launch before…
Common Exclusions Invoked by Cyber Carriers to Deny Coverage
Often called the “wild west,” the cyber insurance marketplace offers a wide variety of policy forms that vary drastically in the scope of coverage provided. This is further compounded by the relatively small amount of case law analyzing cyber policies…
Protecting your Website with an EPL Insurance Policy
By Perkins Coie
Title III of the Americans with Disabilities Act (ADA) provides that
No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place…
Recent Developments in Yahoo and Equifax Data Breach Litigation Suggest Increased Risk of Personal Liability for Directors and Officers for Cybersecurity Incidents
Despite the increase in data breaches and cyberattacks involving large corporations, efforts to hold directors and officers personally liable for these events have largely been unsuccessful. However, recent developments in two high-profile data breach cases suggest that the relative safety…