This is a special issue of the Insurance Coverage Law Report, and not just because it marks the beginning of our second year of publication – which it does! The other reason we believe you will particularly value this issue: It contains six feature articles exploring some of the most significant insurance coverage issues facing policyholders and insurance carriers today.
Cyber Insurance
We begin with the first part of a multi-part article by Roberta D. Anderson, a partner in the Pittsburgh office of K&L Gates LLP, entitled, “Viruses, Trojans and Spyware, Oh My! The Yellow Brick Road to Coverage in the Land of Internet Oz.” In this part of her article, Ms. Anderson observes that insurance can play a vital role in a company's overall strategy to address, mitigate and maximize protection against cyber risk, including data privacy risk. She also examines the escalating threat and cost of cyber risk. Future parts of Ms. Anderson's article will examine potential coverage for cyber and privacy-related risks under the general liability, property and other commonly purchased “traditional” insurance policies as well as the types of coverages available under revolutionary new “cyber” insurance products.
CGL
Randall L. Smith, an attorney at Cohn & Lambert in Cleveland, Texas, and Justin R. Goodman, a partner at Lubel Voyles LLP in Houston, Texas, are the authors of our next article, “Fundamental Curtailment of Wide Ranging Commercial General Liability Coverage? The 'Classification Limitation Endorsement.'”
This also is the first part of a multi-part article. Here, the authors explore observations that the commercial general liability insurance policy has been trending for decades toward ever more narrow cover and ask whether the classification limitation endorsement (“classification endorsement”) is part of a particular direction toward the contraction of coverage under this policy.
And More…
The other feature articles in this issue analyze the following subjects:
(i) the applicability of the attorney-client privilege and work product doctrine to communications between policyholders and brokers;
(ii) the rules governing insurance arbitrations and the issues surrounding the selection of arbitrators and umpires;
(iii) recent cases evaluating the duty of panel counsel to avoid conflicts of interest and the limits of an insured's right to independent counsel when potential conflicts arise; and
(iv) using “manuscripted” forms for terrorism coverage that are tailored to policyholders' needs.
With all best wishes for a Happy, Healthy, and Prosperous New Year,
Steven A. Meyerowitz
Editor-in-Chief