Hunton Insurance Recovery Blog

Reports of recent cyberattacks continue the discussion we started with yesterday’s blog post about common hurdles to coverage.  The hurdle for today’s discussion?  Ransomware.

Ransomware attacks are on the rise.  Security services company SonicWall reported that ransomware attacks increased by a factor of 167, from 3.8 million in 2015 to 638 million in 2016.  Similarly, insurer Beazley reported that ransomware claims quadrupled in 2016, and are expected to double again in 2017.

Despite these trends, many standard cyber forms do not cover ransoms to restore system access or to ...

As discussed Friday on the Hunton Privacy and Information Security Blog, the U.S. Department of Health and Human Services has imposed a non-appealable $3.2 million fine on Children’s Medical Center of Dallas due to breaches of HIPPA-protected information.  The breaches allegedly occurred in 2009 (when an employee lost an unencrypted Blackberry containing electronic protected health information (ePHI) for 3,800 individuals); 2010 (when a medical resident lost an “iPod device” synced to a hospital email account, compromising the ePHI of at least 22 individuals); and 2013 (when an unencrypted laptop, which contained ePHI for 2,462 individuals was stolen from the hospital).  The government’s investigation allegedly led Children’s Hospital to admit additional thefts of devices containing ePHI in 2008 and 2009.

On February 3, 2017, members of Hunton & Williams’ insurance group, led by Insurance Practice Head Walter Andrews, and firm associate Anna Lazarus, achieved a significant victory in the Eleventh Circuit U.S. Court of Appeals, in Hillsborough County v. Star Insurance Co.  The 11^th Circuit’s published opinion, available here, addressed an issue of first impression under Florida law involving the impact of Florida’s statutory limitations on liability and an excess liability policy’s self-insured retention.  The decision provides substantial guidance under Florida law ...

Maryland’s highest court recently held that a policyholder’s failure to provide notice of a lawsuit for two and a half years was no basis for a denial of coverage. The court in Nat’t Union Fire Ins. Co. of Pittsburgh, PA v. Fund for Animals, Inc. held instead that, because National Union could not prove it suffered “actual prejudice” as a result of the late notice, Fund For Animals, Inc. (“FFA”) was entitled to receive the coverage it contracted for under its non-for-profit liability insurance policy (the “Policy”).

Hunton & Williams insurance partner, Syed Ahmad, tells Law360 about trends in D&O liability insurance that are likely to grab headlines in 2017, including the impact of privacy and cyber breaches on corporate executives and the continued fallout from 2015’s “Yates Memo,” emphasizing an increase in government prosecution of individual corporate wrongdoers and incentivizing companies to cooperate in cases against their executives.  A link to the article featuring Syed’s comments can be found here

Hunton & Williams insurance partner, Syed Ahmad, tells Law360 about trends in D&O liability insurance that are likely to grab headlines in 2017, including the impact of privacy and cyber breaches on corporate executives and the continued fallout from 2015’s “Yates Memo,” emphasizing an increase in government prosecution of individual corporate wrongdoers and incentivizing companies to cooperate in cases against their executives.  A link to the article featuring Syed’s comments can be found here

Hunton & Williams Insurance practice head, Walter Andrews, provides a brief, 5-minute overview, of why members of the real estate industry should be thinking about and obtaining appropriate cyber insurance protection for their real estate operations.  Mr. Andrews explains why cyber insurance is different from other insurance products and requires a careful examination of the particular assets and exposures that are to be protected.

Hunton and Williams LLP has published its 2016 Retail Industry Year in Review.  The Review discusses the key legal and regulatory developments that affected the retail industry last year.  In the Review, Hunton insurance coverage attorneys Syed Ahmad, Mike Levine and Jenn White discuss the lessons learned from insurance coverage cases that promise to have a lasting impact on retail cyber security and product contamination insurance.  As they explain, “Last year’s decisions are critical reminders that having the right insurance is key, and even unintentional missteps can ...

Last Thursday, a federal district judge in New Jersey denied, in part, Travelers Indemnity Company’s (Travelers) motion for summary judgment on claims for indemnity costs because the plaintiff, E.M. Sergeant Pulp & Chemical Company (EMS), provided sufficient evidence to raise triable questions of fact. Although the evidence was just "barely sufficient" to keep the case alive, as the court put it, and despite no direct evidence that policies were even in place during the relevant time period, the evidence was nevertheless enough to defeat the insurer’s motion.

The United States Court of Appeals for the Ninth Circuit recently held in Federal Deposit Insurance Corporation v. BancInsure, Inc., that an action by the FDIC against a failed bank’s former directors and officers was excluded by a D&O policy’s “insured vs. insured” exclusion. Against the backdrop of recent decisions finding similar exclusions to be ambiguous as to FDIC actions, such as St. Paul Mercury Ins. Co. v. Federal Deposit Ins. Corp., No. 14-56830 (9th Cir. Oct. 19, 2016) (previously discussed in this client alert), this decision shows how insurers continue to proactively adjust policy language to fit evolving and new exposures.  Policyholders should be doing the same.