Posted In: Insurance Recovery
Insurance Blog: Sixth Circuit Affirms Federal Declaratory Relief In Insurer's Favor Despite Pending State Law Claim
By P. Wesley Lambert & Ethan W. Weber on January 2, 2020
Recently, the Sixth Circuit determined an insurer may seek declaratory relief from a federal court concerning indemnification and defense of an insured, even when state court litigation is pending....
Posted In: Insurance Recovery
Blog: Positive Momentum Continues for Policyholders Victimized by Social Engineering Fraud
By P. Wesley Lambert on July 23, 2018
On the heels of the Second Circuit Court of Appeals' decision involving Medidata Solutions, Inc. the Sixth Circuit Court of Appeals continued a string of victories relating to insurance coverage for social engineering schemes utilizing the insured's computer systems....
Posted In: Insurance Recovery and Litigation
Cybercrime Coverage: Similar Facts, Different Results in Two Recent Decisions
By P. Wesley Lambert on September 13, 2017
Decisions by two federal district courts, issued less than two weeks apart, underscore the continued unpredictability faced by policyholders victimized by social engineering fraud. These decisions also demonstrate the effect minor differences in underlying state law may have on the availability of coverage for social engineering losses....
Posted In: Insurance Recovery
Policyholders Bat .500 In Two Recent Decisions Addressing Insurance Coverage For Cyber Crime Losses
By P. Wesley Lambert on April 10, 2017
Policyholders and insurers continue to grapple with the circumstances under which losses arising from data security breaches and social engineering fraud will be covered under various insurance policies. Two recent decisions – one in favor of the policyholder and one against – continue to support the notion that resolution of these cases will be highly fact-specific and the outcome will be difficult to predict in many instances....
Stopping the Trojan Horse: Preventing Insurers From Intervening in Underlying Actions to the Prejudice of Their Insured
By P. Wesley Lambert on April 14, 2016
Insurers frequently attempt to intervene into underlying disputes in which they are providing a defense, ostensibly to assert that there is no coverage for all or part of any damage award against its insured. What is often not acknowledged by the insurer is that once it makes it past the courthouse doors and, into your case, the insurer's presence is laden with the potential for conflicts of interest, prejudicial impacts on your case, and substantial delays in its resolution....
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