Professional Liability Defense

Reporting Claims or Potential Claims…

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11/17/2015Moss, Ashley G.

Authored by James W. Walker and Ashley G. Moss1 All professional liability insurance policies require the insured to report claims timely as a condition to coverage. This is especially important at the time for renewal of insurance coverage. When a policy is being renewed, the application will ask if the insured is aware of any… Read more »

Primer on Virginia’s Data Breach Law: Part Three

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06/01/2015Sieg, J. Brandon

Authored by attorney J. Brandon Sieg Previous articles in this series have introduced considerations for Virginia businesses that experience a “breach of the security of the system.”  They have discussed Virginia-specific disclosure obligations, including who to notify and what information to provide.  But many Virginia businesses experiencing a security breach will also have affected customers… Read more »

The Trouble with Certificates

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05/26/2015Palais, Douglas M.

Authored by attorney Douglas M. Palais Even though issuing certificates is an important part of the service that you provide to your customers, from an E & O standpoint, they must be handled with extreme care.  The following points are not comprehensive, but demonstrate a few of the specific risks and offer some tips to… Read more »

Make Sure You’re Covered: Report All Claims and Potential Claims

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03/19/2015Moss, Ashley G.

Authored by attorney Ashley Moss Professional liability insurance carriers require their insureds to report claims timely as a condition to coverage.  This is especially important at the time for renewal of insurance coverage, when the carrier will ask about knowledge of any claims or potential claims.  Professionals typically fear that notifying the insurer of a… Read more »

Are Cyber Attacks an Act of “War” within the Meaning of Liability Policies?

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03/03/2015Palais, Douglas M.

Authored by attorney Douglas M. Palais This question cannot be answered definitively at this time, but should be considered carefully by all insurance professionals. Typical CGL policies exclude acts of terrorism and acts of war. In the past, it was relatively easy to define “war” as hostile military actions by nation states. But today, hostile… Read more »

Warranty Provisions Deserve Careful Consideration from Contractors

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01/12/2015Vandeventer Black

Authored by attorney Casaundra Maimone It goes without saying that a contractor should carefully review all of the proposed terms and negotiate all of the final terms of a construction contract such that the provisions are best tailored to their role on the project.  Nonetheless, attentiveness to warranty terms is especially important due to the… Read more »

Primer on Virginia’s Data Breach Law: Part Two

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06/04/2014Vandeventer Black

Recall from Part I of the Primer on Virginia’s Data Breach Law that your laptop has been stolen, and you have concluded there has been a breach of security under Virginia’s data breach law.  You must now determine whom to notify, and this will depend on your relationship to the data.  Individuals or entities that… Read more »

Primer on Virginia’s Data Breach Law: Part One

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06/03/2014Vandeventer Black

Imagine that your laptop is stolen.  Since you conduct all your business on it, you struggle to remember the last time you backed up your data, and agonize at the prospect of rebuilding weeks, months, and possibly years of files.  As you contemplate the recovery of your business data, you should also think about whether… Read more »