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BT Policyholder Protection Blog
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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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12 May 2014 Clifford Shapiro presents “The Next Wave of ‘Occurrence’ Disputes”

On May 7, Clifford Shapiro spoke before more than one hundred attendees at the second annual meeting of the American College of Coverage and Extracontractual Counsel (ACCEC) held in Chicago.  Tom Mielenhausen is also a member of the ACCEC, and he also attended the conference. Clifford’s topic was insurance coverage for construction defect claims.  Among other things, he presented an update on the 50 state survey of the “occurrence” issue, and a summary of recent state statues that have been enacted to attempt to resolve this thorny issue.  The ACCEC’s brochure summarized the presentation: This presentation will discuss the history and analysis of the “occurrence” issue in the construction defect claim context. This issue has divided the courts across the country. The presentation will also include…

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09 May 2014 Insurance And White Collar Defense: If You Don’t Have One, You May Not Be Able To Have The Other

This post appeared originally on the Government Enforcement Exposed (the “GEE”) blog.   The BUGA (“Big Ugly Government Agency”) has just metaphorically pounded on the door of your company, howling about civil and criminal charges, mind-blowing fines and penalties, debarment, seizing your first-born and otherwise threatening your existence. So you seek out a phenomenal white collar firm to defend you and yours and lo, they recommend a vigorous internal investigation, leading to the formation of a rock solid defense that, if needs be, can be deployed to defend against BUGA from here to the Supreme Court and back again.   It will, however, cost a lot of money to defend yourself. But, like many a modern company, you have insurance coverage that, you believe, will fund…

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08 May 2014 Scott Godes presents “Cultivating Ethics: Mitigating Vulnerability to Cyber and Data Security Threats in Order to Maintain Client Confidentiality”

Scott Godes,  from Barnes & Thornburg’s Policyholder Insurance Recovery Group will be a panelist presenting a webinar titled, “Cultivating Ethics: Mitigating Vulnerability to Cyber and Data Security Threats in Order to Maintain Client Confidentiality.”  The presentation will be part of Virtual LegalTech.   The webinar will take place on May 15, 2014, and run from 9:30 a.m. – 5 p.m. ET.  Scott’s session will from 3:45 p.m. until 4:45 p.m. ET.  You can register for the event here.   The webinar will include discussion about the following topics: In light of the recent NSA surveillance of US law firms, how safe is your data? What types of firms are most susceptible to cyber attacks and data breaches? Why in-house legal departments need a sound cyber security strategy. Best practices for…

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08 May 2014 Increasing data breach costs should lead to a review of insurance policies and vendor contracts

The Ponemon Institute has released its 2014 Cost of Data Breach Study: Global Analysis.  The Ponemon 2014 study, (additional registration is required), offers fascinating insights into the changing world of data breaches, data security, data privacy and cybersecurity incidents.   The report is dated as of the year of publication (May 2014), with the majority of incidents that were evaluated having taken place in 2013.1  One fact in the report that likely will make the most headlines, is that “the average total cost of a data breach for the companies participating in this research increased 15 percent to $3.5 million.”2  The report explains further that “[t]he average cost paid for each lost or stolen record containing sensitive and confidential information increased . . . to $145 ….

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07 May 2014 Chris Yetka presents “Cyber Risk: The Cost of a Breach”

On May 7, 2014, Christopher Yetka from Barnes & Thornburg’s Policyholder Insurance Recovery Group presented a breakfast seminar with Dan Hanson from Marsh & McLennan Agency entitled “Cyber Risk: The Cost of a Breach.”   The presentation included a discussion of how data losses can occur, and the nature of their discovery.  Tips on how to immediately respond to a data discovery were analyzed, along with requirements under the various state and federal laws to notify those whose data has been compromised.  The short and long-term consequences of a breach, including lost income, damage to reputation, regulatory fines, and third and first party losses were presented.  Finally, Chris and Dan discussed a number of ways to minimize risk, including not only insurance options and best…

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29 Apr 2014 Scott Godes to Speak at the NetDiligence Cyber Risk & Privacy Liability Forum June 11-13, 2014

  We are pleased to announce that Scott Godes will be speaking about insurance coverage for cyber risks at the upcoming NetDiligence® Cyber Risk & Privacy Liability Forum, hosted by HB Litigation Conferences, from June 11-13, 2014, at the Hyatt at the Bellevue, Philadelphia, PA.  This promises to be a great conference where you can learn about cyber risks, cyberinsurance, data breaches, data privacy, cyberattacks and more. Download the entire agenda.   Scott will be a speaker on a panel discussing the “Crime Coverage & Cyber Insurance,” presenting at 9 a.m., Friday morning, June 13. The panel will discuss: Coverage in common loss scenarios Discussion of recent claims Court decisions impacting coverage Standard Crime & Cyber policy forms   Register online here.   Scott GodesScott…

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29 Apr 2014 NEWS ALERT: Alabama Supreme Court Withdraws and Re-Issues Decision to Find “Occurrence” for Construction Defect Claim

Last September, the Alabama Supreme Court issued a decision that denied insurance coverage to a homebuilder on the ground that there can be no “occurrence” where construction defect claims do not allege property damage to something other than the home the policyholder built. Owners Insurance Co. v. Jim Carr Homebuilder LLC, 2013 Ala. LEXIS 122, 2013 WL 5298575 (Ala. Sept. 20, 2013). In that decision, the court did not analyze the policy language to distinguish between damage to the insured’s project (which it held did not constitute an “occurrence”) and damage to other property or other parts of the structure (which it held could constitute an “occurrence”).   On March 28, 2014, the Alabama Supreme Court withdrew its earlier decision and issued a new decision…

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