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BT Policyholder Protection Blog
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17 May 2016 Does a CGL Insurance Policy Cover a Data Breach? The Fourth Circuit Says ‘Yes’

Introduction   If you have anything to do with cybersecurity, privacy, or insurance, you undoubtedly have heard that the U.S. Court of Appeals for the Fourth Circuit ruled in April that a Commercial General Liability (CGL) insurance policy provides coverage for a data breach, in the case Travelers Indemnity v. Portal Healthcare Solutions.  In the last few years, insurance companies have been marketing cyberinsurance policies as the product designed for cybersecurity and privacy risks.  So how could it be that a CGL insurance policy – which insurance company lawyers proclaim were not “meant” to cover data breaches – provides coverage for data breaches?  We discuss the well-reasoned Portal Healthcare decision, which bolsters policyholders’ rights to collect under CGL policies, below.   The first question when…

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03 Nov 2015 Scott Godes Quoted in Law360 Article, “How to Navigate the Cloudy Skies of Drone Insurance”

Scott Godes, partner and co-chair of the firm’s Data Security and Privacy Practice Group, was recently quoted in a Law360 article, “How to Navigate the Cloudy Skies of Drone Insurance.”   The commercial drone industry has opened up a world of business opportunities – as well as often misunderstood risks and questions about insurance coverage. Scott discusses insurance coverage for the potential liabilities drone operators face. In response to a question about an exclusion in CGL policies, “One argument as to why the aircraft exclusion shouldn’t apply is that it was written in the context of commercial aircraft. It almost certainly is not within the reasonable expectations of an insured that an exclusion for cars, boats, and airplanes would eliminate coverage for drones. I would…

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