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BT Policyholder Protection Blog
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29 Apr 2014 5 Tips For Reviewing And Buying Cyberinsurance

Law360 published an article, “5 Tips for Reviwing and Buying Cyberinsurance,” that Scott Godes wrote with tips for buying and reviewing cyberinsurance, with special tips for retailers who are considering buying or reviewing cyberinsurance policies.   With the recent rash of cyberattacks, data breaches and other incidents affecting retailers around the country, it is a good time to turn a careful eye to insurance for cyber and privacy risks. After a privacy, cybersecurity, or data breach incident, retailers may face a host of issues as a result of those incidents. The issues may include individual consumer claims, putative class actions, federal and state investigations and regulatory inquiries, and demands from banks, credit card brands, and/or credit card processors.   The introduction to the article reads:  …

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28 Apr 2014 Indiana Supreme Court Opinion Highlights Importance of Knowing Your Coverage Before You Need It

  In Groce v. American Family Mutual Insurance Co., No. 48S02-1307-CT-472 (Apr. 3, 2014), the Indiana Supreme Court has again held that the rule of caveat emptor, or let the buyer beware, applies to the purchase of insurance coverage.  The Court held that where an agent’s failure to obtain the coverage sought by the policyholder is “ascertainable from the policy itself,” the two-year statute of limitations on the policyholder’s claim against the agent for failure to obtain coverage begins to run when the policyholder receives a copy of the policy.   This rule presents three challenges for policyholders:  (1) many policyholders renew the same coverage year after year, such that the initial failure to obtain coverage could have happened years before the loss for which…

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22 Apr 2014 Chris Yetka presents “Back to Basics: Fundamentals of Insurance Law Practice”

  On April 22, 2014, Christopher Yetka from Barnes & Thornburg’s Policyholder Insurance Recovery Group, along with a number of other national practitioners, presented a live American Bar Association webinar entitled “Back to Basics: Fundamentals of Insurance Law Practice.”   The seminar included discussion of who the primary actors are in an insurance dispute and the claims process, including issues relating to claims, notice, reservation of rights letters and the duties of defense counsel. The presenters covered tips and strategies relating to conflicts of interest in the context of the tripartite relationship. Also discussed were the various types of insurance coverage, along with the difference between the duty to defend and the duty to reimburse. Experienced practitioners walked through how to interpret insurance policies in the context of…

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