Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm News
Author: Scarinci Hollenbeck, LLC
Date: June 30, 2015
The Firm
201-896-4100 info@sh-law.comBut is having a cyber insurance policy a wise choice to protect your company in the wake of a costly data breach? One danger is that the policy tries to limit its exposure by imposing requirements that may be practically impossible to administer.
As an example, in California, Columbia Casualty Co., a member of the CNA Group, is seeking to enforce an exclusion in its policy that requires its insured to meet “minimum required practices.”
The lawsuit stems from a data breach suffered by Cottage Health System, which involved approximately 32,500 confidential medical records. According to court documents, Cottage Health Systems and its third-party vendor failed to implement proper security measures, such as data encryption, to protect patient data that was accessible via the Internet. A resulting class-action lawsuit settled for $4.1 million, which Columbia Casualty agreed to fund subject to a complete reservation of rights.
In Columbia Casualty Company v. Cottage Health Systems, No. 2:15-cv-03432, the insurance company is now seeking reimbursement based on a policy exclusion stating:
“Any failure of an Insured to continuously implement the procedures and risk controls identified in the Insured’s application for this Insurance and all related information submitted to the Insurer in conjunction with such application whether orally or in writing…”
Columbia Casualty maintains that because the healthcare company failed to monitor and continuously update its cybersecurity protocols, insurance coverage should be excluded. It points to representations that Cottage Health Systems allegedly made in its application – notably that the company regularly evaluated its exposure to data security and privacy risks.
For businesses that hope to rely on cyber insurance in exactly this type of situation — where the company or another third party’s negligence inadvertently leads to a data breach — the suit is troublesome as it appears to eviscerate the very protection many companies are seeking.
In terms of case law, cyber insurance is still relatively new. As a result, there may be little existing case law interpreting the relevant exclusions. To assess your rights and obligations under a cyber insurance policy, it may be prudent to review the terms and consult with experienced counsel to try to anticipate significant coverage concerns.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Scarinci Hollenbeck Partner Christopher D. Warren Named to New Jersey Supreme Court District VI Ethics Committee Little Falls, NJ — September 5, 2025 — Scarinci Hollenbeck, LLC is proud to announce that Christopher D. Warren, Partner, has been appointed to serve on the New Jersey Supreme Court District VI Ethics Committee for the term 2025–2029. Mr. Warren brings more than […]
Author: Scarinci Hollenbeck, LLC
Scarinci Hollenbeck Congratulates Theodore A. Schwartz Scholarship Recipient Adrienne Aiken Little Falls, NJ — July 21, 2025 — Scarinci Hollenbeck, LLC established the Theodore A. Schwartz Scholarship for Environmental Law to recognize the contributions of retired partner Theodore “Ted” Schwartz and support the next generation of environmental lawyers. Adrienne Aiken, the recipient of the 2025 […]
Author: Scarinci Hollenbeck, LLC
Ten Scarinci Hollenbeck Attorneys Recognized in 2026 Edition of Best Lawyers in America© Little Falls NJ – August 28, 2025 – Scarinci Hollenbeck, LLC is pleased to announce that ten attorneys have been recognized in the 2026 edition of The Best Lawyers in America®. First published in 1983, Best Lawyers is universally regarded as the definitive guide to legal excellence. […]
Author: Scarinci Hollenbeck, LLC
Scarinci Hollenbeck Partner Recognized for Continued Impact on Industrial Real Estate Industry Little Falls, NJ — July 25, 2025 — Scarinci Hollenbeck, LLC Partner Donald “Don” Pepe was recently recognized as a 2025 Influencer in Industrial Real Estate by GlobeSt, a leading commercial real estate publication. The GlobeSt award recognizes the professionals, teams, and companies […]
Author: Scarinci Hollenbeck, LLC
NYC Real Estate and Litigation Attorney Ryan O. Miller and Team Join Scarinci Hollenbeck, LLC New York City, NY – August 13, 2025 – Scarinci Hollenbeck, LLC has strengthened its Real Estate and Litigation practices with the addition of four New York City-based attorneys. Ryan Miller, who joins as a partner, is well known for […]
Author: Scarinci Hollenbeck, LLC
Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock Little Falls, NJ – June 24, 2025 – Scarinci & Hollenbeck, LLC Partner and Chair of the firm’s Intellectual Property and Entertainment & Media departments Ronald S. Bienstock recently joined the Bloomberg Law podcast to discuss Shaquille O’Neal settling a class-action lawsuit over his FTX endorsement. […]
Author: Scarinci Hollenbeck, LLC
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!