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Fifth Circuit Finds Defense Duty For Credit Card Data Breach

Reversing a federal district court, the Fifth Circuit Court of Appeals recently applied the Texas eight-corners rule to hold that an insurer had a duty to defend a restaurant chain against claims the chain breached its contract with a credit card processor by not preventing hackers from gaining access to its customers’ private information.
August 25, 2021 Liability Litigation Texas

What Amazon’s Insurance Play Means

I’ve waited for years now to see how insurance might fit with Jeff Bezos’ quote that ‘your margin is my opportunity.’ Amazon’s announcement last week that it will help sellers find product liability insurance through a network facilitated by Marsh may provide the answer.
August 17, 2021 Liability

NJ Court Reaffirms Rule Against Coverage for Faulty Workmanship Claims and Finds Fraud Claims Inherently Intentional

Awarding summary judgment to an insurer under both liability and directors & officers (D&O) coverage parts, a New Jersey trial court reaffirmed the principle that claims of defective workmanship without resulting ‘property damage’ are not covered under a general liability policy, and further dismissed claims for fraud and breach of fiduciary duty, finding that such claims were inherently intentional and do not state a covered ‘occurrence.’
August 16, 2021 Liability Litigation New Jersey