Jason Cieri

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Appellate Court Reverses Lower Court’s Dismissal of Plaintiffs Data-Breach Claim

In a win for third-party victims of a cyber security attack, the United States Court of Appeals, District of Columbia reversed a lower court’s decision dismissing a class-action suit against their health insurer for breach of contract, negligence, and violation of various state consumer-protection statutes, after their personal information was stolen during a data breach.1… Continue Reading

New York Restaurant’s Data Breach Not Covered Under Their Business Owners Policy

Restaurants are prime targets for hackers. Restaurants gather customer credit card information on a daily basis and are responsible for storing and protecting that information. All restaurant owners should have insurance policies that not only cover their physical property damage and business interruption in case of property damage, but data breaches as well. Data breaches, … Continue Reading

I’ve Been Hacked! Am I Covered?

In the wake of the Equifax, Target, Yahoo, and even the SEC being hacked, many small businesses are wondering how can they protect themselves when major companies with much larger budgets and cybersecurity techs on staff can’t protect themselves. I recently went to a course where one of the speakers said: “There are two types … Continue Reading

Ex-Chubb Vice President of Claims Says Company Destroyed Pertinent Litigation Documents

Anthony Guerriero, a former vice president in charge of claims, filed a lawsuit in Union County Superior Court, New Jersey, claiming he was fired after raising concerns that Chubb destroyed documents related to insurance claims litigation and asked him to keep quiet about it. He alleges that company officials disregarded legal department notices about preserving … Continue Reading

New York Choice of Law

Insurance policies are complicated enough without getting into what law from what state will apply. Some policies have a special “choice of law” or “governing law” provision that allows the parties to agree that a particular state’s laws will be used to interpret the agreement even if the insured lives in a different state.… Continue Reading

Chubb Awarded $12.3 Million in Insurance Fraud Scheme

Chubb Corporation has a good reputation in the insurance industry for fairly handling claims and paying insureds what they are owed. Chubb fell victim to an overzealous adjuster, Dennis Sorge, who was colluding with a contractor he hired to estimate repair costs. The contractor, Paul H. Mertz Jr., would inflate the estimates and then Sorge … Continue Reading

Well…Another Bad Faith Case in Massachusetts

Shaun Harrington was subcontracted to install a well on the McLaughlins’ property (sorry for the bad pun in the title). Unfortunately, in July and August of 2003, this well starting pumping salt water onto the McLaughlin’s irrigation system causing extensive damage. A claim was submitted to Harrington’s insurer, American States Insurance Company (ASIC) on November … Continue Reading

Former Director of Hi-Rise Engineering is Indicted in New York

Former director of Hi-Rise Engineering, Matthew Pappalardo was indicted on a 50-count indictment stemming from Hi-Rise’s role in altering their engineering reports to defraud policyholders from monies owed due to Superstorm Sandy damage. Contained within the indictment were 25 counts of Forgery in the second degree, in violation of Penal Law Sect. 170.10(1) and 25 … Continue Reading

Connecticut Values Actual Cash Value as Replacement Cost Value Minus Depreciation

The Broad Evidence Rule has been used in Connecticut to calculate Actual Cash Value (ACV) on property damage cases since 1959.1 That all changed in 2011 when the Connecticut House of Representatives passed Substitute House Bill No. 6238. This bill nullified the Broad Evidence Rule and instead calculated ACV for homeowners and commercial risk insurance … Continue Reading

What is the Date of Loss for Additional Living Expenses

In this unreported New York decision,1 Steven Hirth filed suit for breach of contract on a homeowner’s insurance policy after American Insurance Company (AIC) denied coverage for additional living expenses (ALE). On August 12, 2012 Hirth’s apartment sustained water damage when another apartment in his building had a water issue that damaged Mr. Hirth’s apartment … Continue Reading

First Sandy, Now Jonas?

For those of us still reeling from Superstorm Sandy, Nor’easter Jonas was not a welcomed sight. Early reports of Jonas indicated it would hit the Eastern shore around high tide and that flooding was a distinct possibility. Since Superstorm Sandy, many coastal communities along the shore have been rebuilding their beaches and protective sand dunes … Continue Reading
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