Clarity on the “Data” Exclusion and the Duty to Defend
The Ontario Court of Appeal finds data exclusions to be “clear and unambiguous”.
Extrinsic Evidence and the Duty to Defend
The duty to defend is broad. The category of evidence that can be considered in determining that duty remains quite narrow.
The “Data” Exclusion and the Duty to Defend
Silent cyber and the duty to defend. Insurers still struggling to exclude cyber and privacy coverage from liability policies.
With COVID-19, business interruption claims will not be the only claims
All of the attention right now is on the business interruption claims arising out of the pandemic. But what about the other claims that the pandemic and the response to it will generate in the future?
Is Breach Response Privileged? Perhaps not.
Do litigation privilege and solicitor client privilege apply to post breach documents or forensic reports? The Ontario Information and Privacy Commissioner doesn’t seem to think so.