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"Specialty Insurance Blog" - 5 new articles

  1. Professional Liability Insurance – Reporting Claims
  2. Selling an Agency – E&O Insurance
  3. Cyber Theft – Who Pays?
  4. Standalone Tail – A Better Insurance Solution
  5. Cyber Risk Insurance – A Necessary Coverage
  6. More Recent Articles
  7. Search Specialty Insurance Blog
  8. Prior Mailing Archive

Professional Liability Insurance – Reporting Claims

Reporting claims in a timely manner is critical for any professional liability insurance coverage – E&O, D&O, EPL and Cyber Risk. What constitutes a claim varies by policy and can, in some instances, be construed broadly. (See our Prior Posts: here, here, here, here, here) A recent article discusses claim reporting and failure to report. Entitled Malpractice: Failure to Report Client’s Claim at Professional Liability Matters, the article makes some excellent points on claim reporting, and then focuses on an attorney’s sometimes obligation to report a claim on behalf of a client. Key points: In the first line of the article: There is no upside in failing to report a claim Taking a wait and see approach to a claim...

Selling an Agency – E&O Insurance

Properly structuring insurance agents/brokers E&O (errors & omissions) insurance coverage is critical when buying or selling an agency. There is no one best E&O coverage structure when an agency transaction takes place, but comprehensive tail coverage is an important consideration in the process. Rather than automatically exercising the extended reporting period (ERP) provision in the E&O policy, a Standalone Tail policy should be considered. A Standalone Tail provides flexibility in terms that is generally not available from an ERP (see our prior post on Tail coverage). Ensuring you are properly covered by your Errors & Omissions (E&O) insurance after an agency sale transaction can be tricky, and both the buyer and the seller will want to ensure there is adequate...

Cyber Theft – Who Pays?

A victim of a Cyber Theft lost $327,000 and is proceeding with a lawsuit against their bank. See Krebs on Security (here) for information on the breach, the mechanics the thieves used and the legal arguments that might be used in the suit. Also see here and here for additional information. It will be interesting to see the outcome, but in prior actions victims have not been successful when the cyber thieves gained access to the bank accounts using the victims stolen login credentials. This situation may be complicated by the bank’s actions. Insurance can be an effective protection against Cyber theft, including both traditional crime policies (with the proper coverage extensions) and some Cyber Risk insurance policies. (See prior...

Standalone Tail – A Better Insurance Solution

A Standalone Tail insurance policy can be a better solution than exercising an Extended Reporting Period (ERP) provision in a professional liability insurance policy (E&O, D&O, EPL, Cyber). Tail coverage covers claims made against an insured during the period after the original claims made policy has expired for services (for a professional) provided prior to the original policy termination date (see here). Tail coverage is critical in the sale of an operation, such as an insurance agency, and typically is required by a buyer. There is currently an active market for Standalone Tail coverage – unlike a few years ago (see our prior post here, and note the date!). As an example, a Standalone Tail was recently placed to support...

Cyber Risk Insurance – A Necessary Coverage

Cyber Risk Insurance (also called Data Breach, Privacy, Network Security insurance) is a necessary insurance coverage for all organizations and most organizations are starting to buy the coverage. As an insurance agent or broker, you should be up to speed and ensuring your customers have (the right) coverage. The confluence of hacker attacks, employee errors, increasing regulation and internet security lapses has created a heightened level of exposure for all organizations, including smaller organizations. We noted an increasing need last year in our post Cyber Risk is Booming (see here, also Who Needs Cyber Coverage). The media is primarily focused on breaches at large organizations, but numerous breaches at smaller organizations go unreported. And many more companies are buying, as...

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