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June 14, 2016, Covington Alert
Two recent litigation developments involving cyber insurance serve as a useful reminder to policyholders: a cyber policy purchase can be full of traps for the unwary. This alert discusses the traps that resulted in one company losing coverage for a major portion of its losses from a payment card data breach, while another company faces a lawsuit by its cyber insurer seeking to void its policy. It also offers practical tips to avoid these traps.
June 16, 2016, Inside Privacy
Cyber insurers commonly require insureds to complete detailed applications, often including extensive technical disclosure and risk self-assessments. The complaint recently filed by the insurer in Columbia Casualty Co. v. Cottage Health System illustrates the pitfalls in these requirements. Cottage Health, an operator of a hospital network, suffered a data ...
Data breaches suffered by retailers and other businesses that handle payment cards can result in substantial assessments by card brands such as MasterCard and Visa. Retailers typically do not process payment card transactions directly with the banks that issue their customers’ cards. Instead, they contract with an intermediary—called an acquiring or servicing ...
WASHINGTON, DC, October 15, 2007 — Covington & Burling LLP has secured a major appellate victory in New York’s high court for Foster Wheeler LLC. On October 11, 2007, the New York Court of Appeals unanimously agreed that New Jersey law, rather than New York law, governs Foster Wheeler’s disputes with its insurers over coverage for asbestos bodily injury claims. ...