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For the past 2 years, our blog has been primarily dedicated to providing professional liability insurance info for the internet, tech and media industries. With the launch of our new Miscellaneous Professional Liability (MPL) product, we are pleased to expand the focus of our blog to include MPL topics. We hope you will enjoy reading new MPL entries on our blog and we welcome your story ideas. Our blog is updated with new entries on at least a bi-weekly basis so please bookmark our site or just use our RSS feed.
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Entries in Claim Examples (58)
Naked Cowboy’s Suit Against M&M to Proceed
Marcia Sutton
in Intellectual Property, Invasion of Privacy, Claim Examples
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Security Threats Round-up
By now, you have probably heard about the Hannaford breach. Briefly, the supermarket chain suffered a breach of customer credit card data when thieves hacked into its computers to steal credit and debit card data in transit to the bank. Unlike TJX, Hannaford was found to be in compliance with security standards set by the Payment Card Industry. Even with this compliance, 4.2 Million records have been exposed and approximately 1,800 cases of fraud have been reported. In addition, a class action lawsuit has been filed alleging Hannaford’s negligence in failing to maintain the security of customer credit/debit card info.
Marcia Sutton
in Security, Claim Examples
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Finding Coverage for Privacy Regulatory-Imposed Civil Fines and Penalties
Is coverage for violations of privacy laws and regulations readily available? The current marketplace does offer a variety of options when it comes to purchasing data privacy and security protections. So, while you may easily find third party identity theft and security breach protections for your clients, coverage for privacy regulatory-imposed civil fines or penalties can be more difficult to secure. And if you do find it, it may only be available via endorsement.
Marcia Sutton
in Invasion of Privacy, Security, Claim Examples
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Photos Posted Online Can Appear in Unexpected Places
Is it okay for a company to take an image found on the Internet and freely utilize it for commercial purposes? Probably not. Although the Internet certainly makes it easy to post, share and download pictures, this online content is not necessarily free for the taking. Unfortunately, many companies do help themselves.
Marcia Sutton
in Intellectual Property, Internet, Claim Examples
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Plaintiff Wins by Default Judgment in Copyright Infringement Case
The MPAA brought a lawsuit against TorrentSpy operators for copyright infringement in February of 2006. The U.S. District Court for the Central District of California recently ruled in favor of the MPAA. A ruling on damages has yet to occur and TorrentSpy does plan to appeal. Perhaps the most interesting aspect of the ruling is that it was not necessarily based on the merits of the MPAA’s case. Instead, the Judge issued a default judgment, declaring that the defendants destroyed evidence and that their conduct was “obstreperous.”
Marcia Sutton
in Intellectual Property, Internet, Claim Examples
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Sample Claims Round-Up
Here are a few loss scenarios arising from recent events. Topics include Denial of Service/ECommerce, Defamation and Website Accessibility.
Marcia Sutton
in Internet, Media, Claim Examples
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California Courts Changing the Playing Field on Some Risk Management Techniques
Texas law professor Raymond Nimmer and Kansas City attorney Tim Feathers draw our attention to three cases from the west coast in which they suggest a federal appeals court has broken away from legal precedent and has embarked on its own course. If followed, that course will significantly limit an organization’s ability to manage its risk exposure through contracts, specifically affecting the ability to benefit from mandatory arbitration, class action waiver, and choice of law and forum provisions.
T.R. Franklin
in Defense and Settlement, Claim Examples
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