In This Report

Insurance Coverage for a Connected Technical World
Some estimates calculate that over 23 billion “things” were connected through the internet in 2016. This number is projected to rise to over 50 billion by 2020. The broad category is known as the Internet of Things (IoT), and the new technology connects everything, from household devices to cars to industrial machinery, to the internet via enhanced sensors. The exponential growth in connectivity and new product development carry additional risks for companies investing in IoT technology. We offer some ways to protect your interests.  Read more >
 

Prepare for the Future With Cryptocurrency Insurance
Cryptocurrencies, including bitcoin, may be the wave of the future, as more and more companies and countries accept them as valid forms of currency. As with any new technology, however, the potential for risk and error is prevalent. Although cryptocurrencies are backed by various blockchains designed to reduce risk, a certain amount of risk is unavoidable. And where there is risk, insurance follows.  Read more >
 

Autonomous Vehicles: New Risks in a Driverless World
Does your business supply components or software for use in autonomous vehicles? Are you considering incorporating autonomous vehicles into your business plan? For any venture involving autonomous vehicles, there are new risks that your business should understand and insure.  Read more >
 

Ninth Circuit Weighs in on Coverage for Third-Party Claims Alleging Non-Fax-Related TCPA Violations
The U.S. Court of Appeals for the Ninth Circuit ruled in the negative last month on whether the Los Angeles Lakers were entitled to coverage under their Directors and Officers (D&O) policy (Policy) for costs relating to an underlying suit brought against them alleging violations of the Telephone Consumer Protection Act (TCPA). Los Angeles Lakers, Inc. v. Federal Ins. Co., No. 15-55777 (9th Cir. Aug. 23, 2017). On its face, the ruling is favorable to insurers. But given the disparities between the opinions, its ultimate effect is unclear and will be revealed only in its future application.  Read more >
 

Cyber-Policy Coverage for Payment Card Industry (PCI) Fees
Even though cyber breaches—hacks, ransomware attacks, denial or delay of service attacks, malware, phishing and the like— have existed for years, coverage under actual cyber policies (as opposed to CGL, D&O, or crime policies) is now starting to be litigated. One of the early issues that has been addressed under a cyber policy is if cyber policies provide coverage for Payment Card Industry (PCI) fees assessed by credit card companies in case of a data breach for which the insured is ultimately liable. In P.F. Chang’s China Bistro, Inc. v. Federal Insurance Co., No. CV-15-01322-PHX-SMM,  2016 WL 3055111 (D. Ariz. May 26, 2016), the court answered that question in the negative under the cyber policy at issue there.  Read more >
 

Attack of the Drones: How to Protect Your Business
Thinking about including an unmanned aerial vehicle as part of your business? What could be cooler than having a UAV deliver your product to customers? Many companies are already using UAVs or drones not only for delivery but also for video surveillance, property surveying for agriculture or unique promotional videos. Your business will want to consider the basic rules for drone operation—like having an experienced pilot and a well-maintained drone— as well as other ways to manage potential risks.  Read more >
 

Social Engineering Fraud: Can You Expect Coverage?
In an all too common scenario, someone in your organization’s finance department receives an email that purports to be from a supplier informing your organization of the supplier’s supposedly changed bank account and a request for you to make all future payments to the new account. Even after some likely back and forth via phone and/or email with the “supplier,” your employee ultimately changes the payment information in your systems, and future invoices are paid to the new pay-to account. Everything seems fine for a while, and then the problems begin.  Read more >
 

What’s the Insurance Coverage for Smart Contracts?
Smart contracts are changing the way businesses conduct routine transactions to make them more efficient and, in many ways, less prone to human error. But this new technology has associated risks. Is your company adequately prepared?  Read more >
 

How to Maximize Protection Under Additional Insured Provisions
Many contracts require that parties be added as “additional insureds,” but few contain specifics on what type of coverage should be provided. The gambit of additional insured provisions is far-ranging. Being proactive and ensuring that the additional insured coverage you are expecting is actually provided on the front end will eliminate a host of issues should you need to invoke coverage under the provision.  Read more >

• Are You Protected Against Privacy Claims?
• How to Protect Against Cyber Liability Threats
• Is There Insurance Coverage for Virtual Currencies?
• Coverage for Third-Party Claims Alleging Non-Fax-Related TCPA Violations
• The Rising Independent Contractor Model and Protection Against Ensuing Misclassification Claims
• Websites and Applications: A New Platform for ADA Claims
• Key Language for Your D&O Policy
• Can Your Insurance Company Cancel Your Policy?
• Risks of Offering “Damage Protection” to Customers
• Tips on Drafting Vendor Contracts