Product Update

Cyber and Privacy Loss Exposures Discussed in Professional Liability Insurance


This Professional Liability Insurance release reports on the deepening split between the various federal courts of appeal on the question of whether potential "future damages" from data breaches confer standing to sue or if "actual damages" must be proven in order to provide a viable cause of action. This issue was examined in the P.F. Chang data breach case, which the 7th Circuit Court of Appeals refused to dismiss. The same matter was further examined in Remijas v. Neiman Marcus, 794 F.3d 688 (7th Cir. Ill. 2015), a recently settled class action case. Additionally, failure to follow credit card security protocols was alleged in a data breach lawsuit against Arby's. This release also reports on one of the largest-ever data breach settlements involving the insurer Anthem.

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