The Second Circuit recently held that competing “anti-concurrent cause” provisions in a commercial property policy present a potential ambiguity that could result in favor of coverage for losses sustained by Madelaine Chocolate after storm surge from Hurricane Sandy combined to cause substantial damage to Madelaine’s property and a resulting loss of income.
In prior posts (here and here), we have highlighted some potential coverage concerns for losses arising out of the use of blockchain technology. However, as previously reported, Blockchain technology’s relevance to insurance is not limited to coverage for losses. In fact, earlier this week, the Blockchain Insurance Industry Initiative known as B3i expanded its membership to include heavyweight insurance companies like Chubb, AIG, and Gen Re as well as notable insurance and reinsurance brokers like Marsh, Guy Carpenter, Willis Re, and JLT Re.
Hunton and Williams LLP has published its 2016 Retail Industry Year in Review. The Review discusses the key legal and regulatory developments that affected the retail industry last year. In the Review, Hunton insurance coverage attorneys Syed Ahmad, Mike Levine and Jenn White discuss the lessons learned from insurance coverage cases that promise to have a lasting impact on retail cyber security and product contamination insurance. As they explain, “Last year’s decisions are critical reminders that having the right insurance is key, and even unintentional missteps can jeopardize coverage.” Read their commentary here.
Hunton & Williams insurance lawyers, Mike Levine and Sergio Oehninger, were quoted today in a Law360 article analyzing the impact of the recent decision in P.F. Chang’s bid for coverage for certain losses stemming from a 2013 cyber breach. In a June 1, 2016 blog post, Levine and Oehninger criticized the court’s decision and forewarned policyholders that disputes of this sort are likely to be common, given the continually evolving nature of cyber coverages. According to Levine in a subsequent comment, “until insurance markets arrive at policy language that clearly sets forth the coverage being marketed and sold, policyholders will be left to question whether denials or limitations on claims are justified.” Levine and Oehninger remind policyholders, therefore, that they should consult with knowledgeable coverage lawyers both when procuring cyber coverage and when submitting cyber-related claims, so that the policyholder’s unique circumstances are adequately addressed under their insurance program and that any claims are properly considered and paid by their insurers.
In a May 31, 2016 decision, a federal court in Arizona rejected P.F. Chang’s attempt to recover an additional $2 million it paid following a 2013 breach in which hackers obtained and posted on the Internet approximately 60,000 credit card numbers belonging to P.F. Chang’s customers. P.F. Chang’s was insured under a “CyberSecurity by Chubb Policy,” which it had purchased from Federal Insurance Company for an annual premium of $134,000. On its website, Federal marketed the policy as “a flexible insurance solution designed by cyber risk experts to address the full breadth of risks associated with doing business in today’s technology-dependent world” including “consequential loss resulting from cyber security breaches.”
Yesterday, a federal court found that FIFA’s D&O insurer is obligated to reimburse and advance legal costs for the defense of Eduardo Li, one of the defendants in the FIFA racketeering and fraud prosecution. Li v. Certain Underwriters at Lloyd’s, London, No. 15-cv-6099 (E.D.N.Y. Apr. 27, 2016). Li was the president of the Costa Rican soccer federation, an executive member of the soccer association for North and Central America (CONCACAF), and a member of FIFA standing committees. Along with other FIFA executives, he was indicted this past summer and charged with racketeering conspiracy, wire fraud conspiracy, and money laundering conspiracy.
Last week, Chubb announced that it would begin offering personal lines coverage in four states for costs related to cyberbullying. The coverage would reportedly insure costs for “psychiatric services, rest and recuperation expenses, lost salary, temporary relocation services, education expenses, professional public relations services, and cyber security consultants.”
The cyberbullying protection would cover expenses up to $60,000. Chubb will offer the coverage to its homeowners insurance policyholders who purchase a Family Protection policy, which Chubb says generally costs $70. According to Christie Alderman, a Vice President at Chubb, the new coverage “helps victims reclaim their lives” after cyberbullying incidents. In the near future, Chubb expects to offer the coverage to policyholders in states other than Indiana, Colorado, Wisconsin, and Illinois.