According to a Law360 report, Sony Units Denied Coverage For Suits Tied To Cyber Attack (subscription required), a New York state judge ruled last Friday in the Zurich v. Sony insurance litigation that the stealing of consumer information through a cyber attack did not constitute “personal injury” under a commercial general liability policy because third-party hackers and not the insured committed the offense.
An insurer offers its insured a defense under a reservation of rights and files a complaint seeking a declaratory judgment determining coverage.
U.S. Supreme Court: Securities Litigation Uniform Standards Act Does Not Preempt Stanford Ponzi Scheme Victims’ State Law Claims
The state law fraud claims of certain victims of the Stanford Ponzi scheme against various law firms and brokerage firms are not precluded under the Securities Litigation Uniform Standards Act (“SLUSA”) and plaintiffs therefore may pursue their state law class actions against the defendants, according to a February 26, 2014 decision from the U.S. Supreme Court. The Court’s opinion in Chadbourne & Parke, LLC v. Troice can be found here.
This environmental coverage action arises out of a carbon monoxide exposure and poisoning of multiple tenants in an apartment complex serviced by a gas boiler furnace located in the basement of the unit.
Bad Faith and Punitive Damages Claims in Sandy Coverage Litigation Dismissed, but Consumer Fraud Act Claim Survives: New Jersey District Court Issues Hurricane Sandy Decision
As Superstorm Sandy insurance claims wend their way through the courts, we are beginning to see decisions related to motions on the pleadings, especially with regard to extracontractual claims.
While researching a long-term care insurance issue the other day, I came across a decision revolving around another, unrelated issue that struck me as both disconcerting and blog worthy.
Litigation finance has garnered a lot of attention recently. When a friend of mine, Adam Gerchen, told me last winter that he was launching his own investment firm focused on commercial litigation, Gerchen Keller Capital (“GKC”), I was intrigued.
In congressional testimony, the Federal Trade Commission’s Chairwoman, Edith Ramirez, recently reiterated the FTC’s call for stronger data security laws, while federal legislation concerning data security and breach notification remains in limbo.
If you have not noticed, taxi cab and limo service providers are facing stiff competition. Uber and Lyft—and Hailo coming this spring—are transportation network companies that match passengers and drivers together via a smartphone application.
Summary judgment was granted in favor of insurers (including Zurich and Mitsui Sumitomo), against Sony in a case of first impression on the issue of insurance coverage for cyber liabilities under commercial general liability primary policies.