Tag Archives: Patrick M. McDermott

Defense Of Hazing Claims Against College Student Covered Under Parents’ Homeowners’ Policy

Policyholders are often surprised to hear that their policies cover more than the run-of-the-mill claim. For example, a general liability policy may cover a cyber-related loss. See our prior post. As a more recent example, a federal court in South Carolina found that a parent’s homeowners’ policy obligated an insurer to defend a college student … Continue Reading

ABA To Offer Cyber Insurance Coverage To Law Firms

The ABA announced last week that it would supplement its insurance coverage offerings to include cyber insurance. Chubb Limited will underwrite the insurance, which the ABA said “includes cyber coverage for a firm’s own expenses, such as network extortion, income loss and forensics, associated with a cyber-incident as well as for liability protection and defense … Continue Reading

When Barristers Get Breached: Hunton Attorneys Discuss Insurance Coverage For Cyber-Related Risks Facing Law Firms

Law firms have become a popular target for cyberattacks. My colleagues Sergio Oehninger and Patrick McDermott recently authored an article in the ABA’s TYL magazine regarding insurance coverage for law firms for cyber-related risks. The full article is available here. In the article, Oehninger and McDermott identify the potential coverage issues firms may face under … Continue Reading

Metlife May Not Be “Too Big To Fail,” But Is It “Too Big To Handle” For State Insurance Regulators?

On March 31 and April 15, we wrote blog posts (which can be accessed here and here) about a D.C. federal judge’s decision to rescind MetLife’s systematically important financial institution (SIFI) status. On October 24, a D.C. Circuit three-judge panel heard oral argument of the appeal of that decision. The federal government advocated to reinstate … Continue Reading

If Information Is Available Online and No One Accesses It, Was It a ‘Publication’

In an article recently published in Bloomberg/BNA Privacy and Security Law Report, Hunton lawyers Syed Ahmad, Sergio Oehninger and Patrick McDermott discuss a recent decision finding insurance coverage for a cyber-related incident.  In the article, the authors dissect whether information made available on the internet is “published” if there is no evidence that anyone ever … Continue Reading

FIFA’s D&O Insurer Cannot Kick Defense Coverage

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 … Continue Reading

Court: MetLife’s Designation As A SIFI Ignored Government’s Own Rules And The Costs Of Designation

As an update to our March 31 post about MetLife shedding its SIFI designation, the court recently released its opinion detailing the reasoning behind its order. The court found two reasons to overturn MetLife’s designation as a systemically important financial institution (SIFI), which the Financial Stability Oversight Council (FSOC) placed on MetLife after finding that … Continue Reading

Fourth Circuit Affirms Coverage For Cyber Incident

On April 11, 2016, the Fourth Circuit affirmed a trial court’s decision that Travelers must defend a class action against its policyholder, Portal Healthcare Solutions, arising out of Portal’s alleged failure to safeguard confidential medical records. In the class action, the plaintiffs contended that Portal had allowed their private medical records to be accessed on … Continue Reading

Chubb Announces Coverage For Cyberbullying

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 … Continue Reading

MetLife Sheds SIFI Designation

Yesterday, a federal judge in the District of Columbia rescinded a regulatory order designating MetLife as a systemically important financial institution (“SIFI”). In December 2014, MetLife joined AIG and Prudential as the only insurance companies designated as SIFIs – a designation that subjected the insurers to additional regulation by the Federal Reserve and additional capital … Continue Reading

Insurance Industry Not Immune From Zika

The World Health Organization (WHO) has called Zika an international public health emergency. The insurance industry is taking notice. Civil authorities have already begun to issue notices, like the Center for Disease Control’s travel notices for areas in which Zika transmission is occurring. As highlighted by Marsh in a recent blog post, the potential for … Continue Reading

Florida Legislature Working on Dueling Bills Regulating Ride-Sharing Companies

Prior blog posts discuss new laws imposing, among other things, insurance-related requirements on ride-sharing companies like Uber and Lyft (also known as transportation network companies or TNCs) and their drivers. While many states have passed such laws, the Florida legislature is now dealing with competing proposals for regulating TNCs. On Tuesday, a Florida Senate committee … Continue Reading

As States Increase Regulation of Ridesharing, Farmers Insurance Fills In Insurance Gaps

States continue to increase their regulation of ridesharing companies like Uber and Lyft (also known as Transportation Network Companies or TNCs) and their drivers. The increased regulation comes with increased insurance obligations and Farmers Insurance is expanding a new product to fulfill those requirements. As one example, the governor of Ohio recently signed a bill … Continue Reading
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