A new South Carolina Supreme Court decision has upheld a pro rata allocation of progressive damages. In the January 11, 2017 opinion in Harleysville Group Insurance v. Heritage Communities, Inc., et al., the court described that two property owners’ associations sued various Heritage companies, alleging the associations’ homeowners were
Read More South Carolina Endorses Pro Rata Allocation
Molly McGinnis Stine
Georgia appellate court: no continuous trigger when policy responds to occurrences, not property damage, during the period
By Molly McGinnis Stine on
Posted in Coverage & Claims, United States
A Georgia appellate court has ruled that there is no continuous trigger of coverage for an environmental claim when the subject policy responds to occurrences, not property damage, during the policy period. The insured sought coverage from the insurer for costs arising from a 1976 turbine fuel leak. The lower…
Read More Georgia appellate court: no continuous trigger when policy responds to occurrences, not property damage, during the period
Louisiana Extends Pro Rata Allocation to Defense Costs
By Molly McGinnis Stine on
Posted in Coverage & Claims, United States
The Louisiana Supreme Court has endorsed pro rata allocation of defense costs associated with hearing loss cases across triggered policy periods. The decision reversed a 2015 appellate ruling that pro rata allocation applied to the costs associated with the duty to indemnify but not the duty to defend, making a…
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Wyoming Requires Insurer Prejudice for Late Notice
By Molly McGinnis Stine on
Posted in Coverage & Claims
The Wyoming Supreme Court ruled on August 17, 2016 that an insurer “must be prejudiced before being entitled to deny coverage when the insured has failed to give notice ‘as soon as practicable.’” In addressing a certified question from the 8th Circuit Court of Appeals, the Wyoming opinion said it…
Read More Wyoming Requires Insurer Prejudice for Late NoticeSeventh Circuit Again Finds Standing for Data Breach Victims
By Molly McGinnis Stine on
Posted in Privacy/Data Security/Cyber Risk
The federal Seventh Circuit Court of Appeals has reiterated its approach to standing in data breach cases: allegations of “increased risk of fraudulent charges and identity theft” are sufficient to meet the requirements for Article III standing for data breach victims in federal court. Lewert v. P.F. Chang’s China Bistro, …
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Fourth Circuit Affirms CGL Duty to Defend for Medical Records Breach
By Molly McGinnis Stine on
Posted in Privacy/Data Security/Cyber Risk
The Fourth Circuit Court of Appeals has affirmed a Virginia federal district court’s summary judgment ruling for the insured under a CGL policy, finding that the insurer had a duty to defend a third-party lawsuit alleging failure to properly secure electronic storage of medical records. Travelers Indemnity Co. v. Portal …
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Testing the Limits – Cyber Coverage Litigation Update
Posted in Privacy/Data Security/Cyber Risk
The growing percentage of businesses that purchase cyber security and data privacy insurance portends a growing number of claims and, inevitably, litigation over some of those claims. Wells Fargo’s 2015 Cyber Security and Data Privacy Survey: How Protected Are You? indicates that nearly half (44%) of companies with $100 to…
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A Common Standard for Evaluating Cyber Risk – Insurers Walk the Walk
Posted in Privacy/Data Security/Cyber Risk
Insurers have struggled to find a common baseline to measure cyber risks. Changes in technology, hacking and other data security risks and the shifting legal landscape concerning liability for data breaches have made the terrain particularly uncertain. Because of the unique and changing nature of cyber risks, current risk models…
Read More A Common Standard for Evaluating Cyber Risk – Insurers Walk the Walk