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BT Policyholder Protection Blog
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16 Sep 2016 Renewal is a Time to Think Critically About Your Insurance Program

  The approaching year-end means many commercial policyholders will be going through the process of renewing their property and casualty insurance coverage. Whether renewal occurs at year-end or mid-year, it is a time when smart policyholders will be thoughtful and proactive about making sure their insurance program provides the best possible protection. No single checklist could possibly capture the numerous and varied issues that commercial policyholders might want to carefully consider. That said, below is a list of issues policyholders may want to examine as they go through the renewal process, keeping your own individual circumstances in mind.   Defense of liability claims – Having coverage for the costs of defending litigation can be one of the most important benefits of commercial liability insurance. The…

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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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24 Feb 2015 Scott Godes Quoted in Business Insurance

Scott Godes, from Barnes & Thornburg’s Policyholder Insurance Recovery Group, was recently quoted in Business Insurance’s article, “Increased Cyber Losses Means More Insurance Coverage Disputes.”   The article states that companies seeking coverage for data breaches under general liability policies often have turned to the personal and advertising injury part of the forms, and disputes have centered on whether a breach constitutes a “publication” that violated a right to privacy.  Beyond disputes regarding coverage under general liability policies for cybersecurity claims, lawyers anticipate coverage litigation arising under cyberinsurance policies as well.   Many of these lawsuits are litigated off the radar, and have not drawn widespread attention.  Some might suggest that cyberinsurance carriers probably want it that way.  Scott, who has litigated the scope of…

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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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