On January 17, 2024 the New York Department of Financial Services (“NYDFS”) published a Proposed Insurance Circular Letter (“Proposed Circular”) regarding the use of artificial intelligence systems (“AIS”) and external consumer data and information sources (“ECDIS”) in insurance underwriting and
insurance
Autonomous Vehicles – Canada’s Current Legal Framework: Liability in Motor Vehicle Accidents (Part 3)
As autonomous vehicle (AV) technology continues to grow in functionality and sophistication, it is only a matter of time before AVs become commercially available across Canada. The arrival of autonomous vehicles in Canada will raise a number of liability-related questions…
Fourth Circuit Holds that CGL Policy Covers Data Breach Class Action
On April 11, 2016, the Fourth Circuit Court of Appeals upheld a ruling by the Eastern District of Virginia that two Commercial General Liability (“CGL”) insurance policies required an insurer cover the defense of a medical records company in a class-action claim relating to alleged failure to secure patients’ medical records.[1]
NAIC adopts cybersecurity guidance for insurance regulators and the insurance industry
The National Association of Insurance Commissioners (“NAIC”), a standards-setting organization comprised of insurance regulators from across all U.S. jurisdictions, has recently adopted twelve Principles for Effective Cybersecurity Insurance Regulatory Guidance (the “Principles”). The Principles arrive in in the wake of the prominent Anthem data breach, highlighting the importance of protecting sensitive personal data in the insurance sector. Addressing this challenge, the NAIC established the Principles to provide state insurance regulators and industry participants guidance regarding the protection of sensitive personal, financial, and healthcare data. The Principles broadly lay out the practices, guidelines, and measures that both regulators and the industry should take to protect personal information.