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29 May 2014 Scott Godes interview featured in, “If attorney needed to explain cyber coverage, the policy is not clear.”

  Scott Godes, from Barnes & Thornburg’s Policyholder Insurance Recovery Group, was featured in a recent article in the Advisen Cyber Risk Network.  Advisen’s Chad Hemenway interviewed Scott about cyber risks overall.   Scott was asked: His view on the greatest cyber risks today His view on what will the greatest threats be in 5 years’ time Whether the insurance industry is doing enough to adequately address those risks What keeps him awake at night And what, in his opinion, is the most important cyber risk development in the past 12 months   To see Scott’s responses, please check out “If attorney needed to explain cyber coverage, the policy is not clear.”       Scott GodesScott N. Godes is a veteran trial lawyer with experience in insurance coverage matters…

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23 May 2014 “Circumstance Reporting” Can Preserve D&O Coverage

  Many directors and officers liability policies are written on a “claims made and reported” basis. This means that the policy covers only claims that are asserted against the insured and reported to the insurer while the policy is in effect, or within a short grace period provided after the policy expires. The requirement that claims be reported while the policy is in effect can create practical and legal difficulties. This is particularly true when events that might end up resulting in a claim happen near the end of a policy period.   For instance, the insureds can be placed in a difficult situation when they receive communications that expressly or implicitly threaten to assert a claim, but the communications do not rise to the…

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21 May 2014 Scott Godes and Ken Gorenberg present “Taking the Target Off Your Back: Insurance Coverage for Data Breaches and Other Cybersecurity Threats”

  Scott Godes and Ken Gorenberg, from Barnes & Thornburg’s Policyholder Insurance Recovery Group, will be presenting on insurance coverage for data breaches and other cybersecurity risks at Barnes & Thornburg‘s “Baseball & The Law” CLE and baseball outing on May 22, 2014.  The event will be held at the firm’s Chicago office.   They will discuss spear phishing, give tips for evaluating a cyberinsurance policy  as well as give details of: Privacy incident Payment card brand liabilities Business disruption and data loss Costs related to cyber incidents and data breaches PCI compliance Insurance coverage for data breaches under CGL, crime, E&O, D&O and first party property insurance policies       Scott GodesScott N. Godes is a veteran trial lawyer with experience in insurance coverage matters and technology issues. He is…

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20 May 2014 Christopher Yetka and Clifford Shapiro Present “Risk Management and Insurance Issues in Construction”

  At the firm-sponsored “Construction Insurance and Government Contracting: What You Need to Know” seminar, Christopher Yetka of the Minneapolis office and Clifford Shapiro of the Chicago office presented, “Risk Management and Insurance Issues in Construction.”   Christopher and Clifford presented on how to make sense of complicated insurance policies related to construction projects, and identified potential risks and effective ways to work around the issues surrounding indemnity agreements and insurance requirements in construction contracts, including indemnity and coverage for additional insureds. They also addressed:   Whether or to what extent insurance coverage may exist for a construction defect claim under the Commercial General Liability (CGL) insurance policy and whether a claim alleging construction defects qualifies as an accidental “occurrence” under the CGL policy Effective use of…

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14 May 2014 ALL IS NOT LOST FOR CLAIMS MADE OUTSIDE POLICY PERIOD

Most businesses are aware that their claims-made insurance policies – like directors and officers policies, management liability policies and professional liability policies – generally provide coverage for claims made during the policy period (or, if purchased, an extended period of reporting).  It would be unwise, however, to simply assume that any claim made outside a policy period is untimely and not covered.  That is because claims-made policies also often contain “related claim” provisions, which deem a claim to have been made during a prior policy period if it is sufficiently related to another, prior claim.   A recent case illustrates the potential breadth of these related claim provisions.  A mortgage company had a professional liability policy with a policy period of May 10, 2007, to…

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14 May 2014 Insurance Claim? Be Prepared for Insurance Company Forum Shopping

  Because the insurance industry is subject to different laws in different jurisdictions, it is possible for the same claim under the same policy language to be covered in one state, and not covered in another.  Thus, insurers who write policies in different states identify which states are more favorable for certain types of claims or for certain policy language.  So when they are placed on notice of a policyholder’s claim from a jurisdiction that is not friendly to insurers in general, or to their policy language in particular, they may look to other possible jurisdictions in which to engage their policyholder in a coverage battle, hoping to defeat coverage by applying more favorable law, in a more favorable forum.   This is the scenario…

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14 May 2014 Scott Godes to present at the AFP® Annual Conference in Washington, DC

Scott Godes will be presenting at the AFP® (the Association for Financial Professionals®) Annual Conference at the DC convention center (the Walter E. Washington Convention Center) from November 2-5, 2014.  Scott will be part of a panel discussing insurance for cyber risks.    The topic for the panel will be:   Cyber Insurance: What Is It? Am I Covered? Network security and privacy risk – it’s ubiquitous. But do you really know what it is? The financial burden of a security breach event can be overwhelming and can often be mitigated with the purchase of an insurance policy. In this session, industry experts who have experienced breach events and understand the costs incurred as a result provide tips on breach preparedness, incident response, legal obligations and risk transfer mechanisms to…

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13 May 2014 Welcome to the Barnes & Thornburg Policyholder Protection Blog!

  We are dedicated to bringing you news, analysis and commentary on insurance recovery issues facing corporate policyholders and the insured.   We welcome your comments and encourage you to leave feedback on articles and/or topics you would like to learn more about.   Learn more about us and our legal services by visiting www.btlaw.com/insurancerecoveryandcounseling.     Scott GodesScott N. Godes is a veteran trial lawyer with experience in insurance coverage matters and technology issues. He is a partner in Barnes & Thornburg LLP’s Washington, D.C., office and is a member of the firm’s Litigation Department, the Policyholder Insurance Recovery and Counseling Group, and the Internet & Technology Law Group.More Posts – Website

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13 May 2014 Jim Leonard presents “Converting Legacy Insurance Policies to Cash”

  Jim Leonard of Barnes & Thornburg‘s Atlanta office presented to the national ABA TIPS 22nd Annual Insurance Coverage Litigation Committee Midyear Program.  He spoke on the topic of “Converting Legacy Insurance Policies to Cash” along with Stanley Richards of Georgia-Pacific, who helped to address the complex issues associated with making insurance claims for long-tail liabilities.   Identifying and locating insurance policies dating back decades can be challenging; but insurance archaeology specialists are experienced with reconstructing a company’s legacy insurance program from related and often-overlooked secondary sources.  Converting those old policies to cash requires true “detective” work.  Companies with significant long-tail exposures such as asbestos, pollution, and environmental claims should evaluate their insurance coverage available through ancient policies issued to corporate predecessors in an effort to…

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13 May 2014 Scott Godes to present at the 21st Annual Nonprofit Risk Management Seminar

  Scott Godes,  from Barnes & Thornburg’s Policyholder Insurance Recovery Group will be a speaker at the AHT Insurance 21st Annual Nonprofit Risk Management Seminar.   Scott’s presentation will be “Cyberinsurance: The Policyholder’s Perspective” By Scott Godes, Partner, Barnes & Thornburg LLP.  The seminar will take place:   May 15, 2014 9 – 9:30 a.m. Registration & Networking9:30 a.m. – 11:30 a.m. ProgramBender BuildingAmerican Bankers Association Conference Room1120 Connecticut Avenue, NWSeventh FloorWashington, DC 20036   Scott GodesScott N. Godes is a veteran trial lawyer with experience in insurance coverage matters and technology issues. He is a partner in Barnes & Thornburg LLP’s Washington, D.C., office and is a member of the firm’s Litigation Department, the Policyholder Insurance Recovery and Counseling Group, and the Internet & Technology Law Group.More Posts – Website

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