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24 May 2018 The Cloud: Selected Benefits, Risks, and Insurance Coverage Issues – Part 2

This article is the second part in the series, The Cloud: Selected Benefits, Risks, and Insurance Coverage Issues. It was prepared in connection with PLI’s Cloud Computing conference. It was authored by Barnes & Thornburg attorneys, Scott Godes, Kara Cleary, Heidi Fessler and Michael Baumert.   Insurance Coverage Issues for the Cloud   In addition to the insurance best practices mentioned above, the cloud can raise multiple insurance issues that should be considered carefully.  For example, how would insurance provide coverage to the cloud provider or the user if there were a data breach or denial of service attack?  But, there are other events in the cyberspace that both cloud providers and users should consider, such as the situation where users cannot access the cloud…

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24 May 2018 The Cloud: Selected Benefits, Risks, and Insurance Coverage Issues – Part 1

This article was prepared in connection with PLI’s Cloud Computing conference. It was authored by Barnes & Thornburg attorneys, Scott Godes, Kara Cleary, Heidi Fessler and Michael Baumert.   The reality that business data of all kinds is now stored, managed, accessed and maintained in the cloud is inescapable.  The reasons for this migration of data from within an organization’s network computing system to a vended cloud provider are infinitely varied.   Whatever the reason fueling the migration of data, one thing is certain – coupled with the movement of data and the use of cloud services is the introduction of additional risk.  It’s true that many companies will actually improve the security of their data by shifting to the cloud.  In many cases, companies…

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17 May 2018 Upcoming Webinar: Insurance Coverage for Opioid Litigation and Lessons for Other Types of Claims

  The number of lawsuits involving opioid pharmaceuticals continues to skyrocket. Hundreds of cases have been filed nationwide, many of which have been consolidated into multidistrict litigation, and the trend shows no signs of stopping soon. Related litigation over the scope of insurance coverage available for these lawsuits also continues to increase, and courts have begun to issue decisions addressing insurers’ coverage obligations. Other coverage disputes are just beginning to wind their way through the courts. This webinar will focus on insurance coverage for opioid litigation, including:   What types of policies might provide coverage for opioid claims The most commonly disputed or litigated coverage issues The current landscape of judicial decisions regarding coverage for opioid litigation What the future may hold for opioid coverage…

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17 Oct 2017 Insurance Carriers Exclude Color Matching Requirements from Policies

  The summer of 2017 saw a number of severe storms in the Midwest, with resulting insurance claims. As policyholders have made those claims, some have been surprised to see new provisions in their insurance contracts.   Things are not always black and white in insurance policies, especially when it comes to the impact of a Minnesota court decision that required insurers providing replacement cost coverage to reasonably match replacement siding. Since the Minnesota Supreme Court issued its opinion in Cedar Bluff Townhome Condominium Association, Inc. v. American Family Mutual Insurance Company, insurers have begun inserting language in their policies that expressly precludes the coverage requirement of matching based upon color, a change in product specifications, or other factors, in an attempt to circumvent this…

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10 Nov 2015 Emerging & Complex Insurance Claims Conference

It’s imperative to stay on top of developing complex coverage issues — and there are several to keep an eye on right now. The Emerging & Complex Insurance Claims Forum gives in-house and outside counsel and insurance company and policyholder professionals an edge with the latest insights on hot-button topics.   Join Barnes & Thornburg’s Scott Godes, conference co-chair, Feb. 24-26, 2016, to learn more about:   Medical marijuana D&O liability Drones Cyber liability Social media Product liability claims Additional insureds Construction claims SIRs Alternative dispute resolutions and more   Register today and get $200 off the registration fee by using the code: Barnes16.   Click here to learn more and to register. Scott GodesScott N. Godes is a veteran trial lawyer with experience in insurance coverage…

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28 May 2015 Management of Insurance Claims Webinar – Now Available for Viewing

In April, Barnes & Thornburg insurance recovery attorneys presented on best practices in managing insurance claims. The webinar was recorded and is now available for viewing.   Featured speakers discussed:   The Importance of Choice of Law – Adam Hollander This overview identified several fundamental variations in substantive state coverage law, different choice of law approaches throughout the country, and choice of law issues that all policyholders should consider to optimize their chances for a successful recovery.     Top Ten Tips for Pre-Litigation Coverage Practice – Andrea Warren This assessment highlighted the importance of initial communication with your carriers and provided best practices for getting your claim paid without litigation—or improving your position if coverage litigation is necessary.     Strategies for Creating a…

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14 Nov 2014 Inaugural ABA Women in Litigation Conference

Kara Cleary and Andrea Warren, from Barnes & Thornburg’s Policyholder Insurance Recovery Group, attended the inaugural ABA Women in Litigation conference in Chicago on November 5-7, 2014. The conference partnered with the Women in Insurance Network to provide outstanding panels and networking sessions involving coverage litigators, in-house counsel, brokers, judges and other industry representatives.   Kara and Andrea’s work in the Policyholder Insurance Recovery Group led them to particularly appreciate the panels relating to cyber coverage, as well as coverage in the context of product liability suits and contractual indemnification obligations.   One panel discussing general litigation strategies made clear the importance and efficiencies created if a company can use a single database to house and manage claimant information and litigation documents when dealing with…

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