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BT Policyholder Protection Blog
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25 Mar 2016 Are You Prepared for a Natural Disaster? Five Tips for Preparing for a Natural Disaster

  Spring is here, which means natural disaster season is here as well. While spring brings a welcome change in the weather in many areas of the country, it often also brings floods, tornados, hurricanes and other disasters that can cause substantial property damage and business disruption. Now is a good time for policyholders to make sure they are as prepared as they can be in the event of an unexpected property loss. Addressing a few basic but sometimes overlooked issues before being thrust into the chaotic aftermath of a natural disaster can go a long way toward making the insurance recovery process more efficient.   Review and understand your policies. Do you know where to find your company’s property insurance policies when you really need…

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24 Mar 2016 Will The Fourth Circuit Overturn a Decision Finding CGL Coverage For a Data Breach?

  As reported by Law360’s Jeff Sistrunk, this week, the Court of Appeals for the Fourth Circuit will hear appellate arguments as to whether a Commercial General Liability (CGL) insurance policy provides coverage for a data breach:   The Fourth Circuit will hear arguments Thursday on whether Travelers must defend a medical records company against a class claim that its failure to secure a server caused records to be accessible to unauthorized users, a case experts say will have an impact on the availability of data breach coverage under commercial general liability policies.   Policyholders should hope that the Fourth Circuit’s rate of reversal – reported to be 4.2 percent for “Other U.S. Civil” and 7.3 percent for “Other Private Civil” cases – will give…

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16 Mar 2016 Scott Godes Quoted in Law360: Insurance Article “Data Breach Report Shows Cyberinsurance Not A Cure-All”

  Scott Godes, partner and co-chair of the firm’s Data Security and Privacy Practice Group, was recently quoted in a Law360: Insurance article, “Data Breach Report Shows Cyberinsurance Not A Cure-All.”   The article discusses how companies are managing cyber risks and turning to cyberinsurance policies to handle data breaches.  The article highlights a recent study discussing the size and scope of common data breaches and whether cyberinsurance policies would respond to such incidents.   Scott is quoted in the article saying, “There are some policies that have a retention or deductible that can be significantly lower for the costs of forensic investigation, breach letters or crisis management than the deductible for putative class actions and dealing with regulatory investigations.”   Read the full article here….

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15 Mar 2016 Capitalizing on Sites with Environmental Property Damage: Is there really a pot of gold at the end of that rainbow?

  When a company learns that it has a site suffering from environmental property damage, “profit” is the last thing on that company’s mind. Rather, the terms that company is more likely thinking about in this situation are those like losses, risk, environmental agency scrutiny, costly and lengthy remediation, bad press, etc. A recent article in the New York Times titled “Turning Polluted Properties Into Profits” takes an alternative view of the value of sites with environmental property damage.   The article discusses a new business model and group of investors who are actively seeking out these properties in order to buy them, clean them up, then sell them for a profit. However, as the article noted: “insurance is key.”   Finding insurance to help…

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07 Mar 2016 Join us: Insurance Considerations in Mergers and Acquisitions

  Mark your calendar and join us for an insurance webinar on Wednesday, March 16 at 3 p.m. (Eastern) to help your company identify and navigate important insurance coverage issues in M&A deals. Reflecting the collaboration that is valuable in many transactions, attorneys from our Insurance Recovery and Counseling Practice Group are teaming up with our corporate attorneys for this online roundtable and live Q&A.   Topics will include: Buyer’s Insurance Due Diligence: How a buyer can assess the seller’s insurance coverage program, as well as its own. M&A Contract Terms Relating to Insurance: What coverages the parties will require and the wording of those requirements in the agreement. Underwriting and Modification of Insurance to Accommodate the Deal: What the buyer or seller may want…

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03 Mar 2016 Sing The Jingle: Four Tips Inspired By Insurance Ads

  Advertisements for auto and homeowners insurance have become ubiquitous, and their humor often ranges from irritating to clever. You can probably hear one in your head right now. That humor is apparently intended to be the spoonful of sugar to help the medicine go down; valuable messages about insurance are sometimes conveyed subtly but effectively. As an insurance coverage lawyer, also known as a geek, I see how some of that information also can be useful in the business insurance context.   Double Check Your Coverage Before and After You Buy   Fifteen minutes may save you 15 percent (or more). Make sure you’re actually covered for “this” rather than “this.” The point is that your insurance program needs your time and attention. When…

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15 Feb 2016 Scott Godes Quoted in Law360: Insurance article “Data ‘Privacy Shield’ Spurs Need for Cybersecurity Coverage”

  Scott Godes, partner and co-chair of the firm’s Data Security and Privacy Practice Group, was recently quoted in a Law360: Insurance article, “Data ‘Privacy Shield’ Spurs Need for Cybersecurity Coverage.”   The article talks about the recent “Privacy Shield” data transfer mechanism agreed to by European and U.S. officials and how it may have companies closely watching their insurance policies. The article discusses changing privacy risks and raises questions about insurance coverage for the evolving risks.   Scott is quoted multiple times in the article, including one note stating, “Policyholders should evaluate their regulatory coverage overall and be thoughtful about the coverage afforded under those policies. They should be thoughtful about the Privacy Shield and whether investigations and claims related to the new requirements…

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29 Dec 2015 Barnes & Thornburg Named an Insurance Practice Group of the Year by Law360

Barnes & Thornburg LLP’s insurance practice has been named a 2015 “Practice Group of the Year” by Law360. An article featuring the firm’s Insurance Recovery and Counseling group will be published by Law360 on January 5. The group represents corporate and individual policyholders in analyzing and enforcing their rights under property and liability insurance policies and in disputes with their insurance companies.   “It is an honor for us to be recognized with this award,” said Charles P. Edwards, co-chair of the practice group. “It has been a big year for our attorneys, who have worked tirelessly to help our clients achieve positive outcomes.”   Law360 selects winners based on the significance, size and complexity of the litigation wins or deals. In 2015, lawyers in…

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16 Dec 2015 Andy Detherage and Charlie Edwards present Lessons from a Recent $204 Million Jury Verdict Against 17 Insurers

Andy Detherage and Charlie Edwards, co-chairs of the firm’s Insurance Recovery & Counseling Practice Group, recently provided two CLE’s on the subject “Handling A Complex Insurance Claim:  Lessons From A Recent $204 Million Jury Verdict Against 17 Insurers.”   On Dec. 4, Andy and Charlie presented at the Winter ACCumulate Conference for the ACC Indiana chapter. Nearly 60 in-house counsel members of the chapter attended the event which was held at the MISO headquarters in Carmel, Indiana.   On Dec. 15, Andy and Charlie, joined by Andrea Warren of the Indianapolis office, did a similar presentation via webinar to a group of approximately 30 participants.   Both presentations included the following topics: Understanding your coverage Putting together your claim Avoiding procedural traps The importance of preparation…

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15 Dec 2015 Make Sure You Know Which State’s Law Applies to Your Coverage Claim

It is a situation we have seen time and again, including in several recent matters: a policyholder headquartered in State A is sued by a claimant alleging injury at a location the policyholder owns in State B. In the same circumstances and under the same policy language, the law of State A would require the carrier to cover the suit but the law of State B would not. This drastic difference in outcome is common due to the sometimes vast differences in coverage law from state to state. The threshold question of which state’s law applies often makes all the difference between coverage and no coverage.   So, if the policyholder wants the law of State A to apply, should it sue its carrier in…

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