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Insights From Industry Experts

Resources, articles, and thought leadership from all of Atheria’s voices  
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Bad Faith Blowback: Ninth Circuit Dismisses Insurer’s Anti-SLAPP Motion to Strike Bad Faith Claim
December 7, 2021

An insurer that brings an action against its insured in California where the insured asserts a counterclaim alleging bad faith may consider filing a motion to strike based on California’s anti-SLAPP statute. However, a recent federal appellate decision suggests that the insurer will face an uphill..

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Professional Indemnity
Data Protection Considerations For Insurers Post-Brexit
December 7, 2021

On Dec. 31, the Brexit transition period ended, and the U.K. formally exited the European Union. Perhaps surprisingly, despite such a seismic shift in the U.K. constitution, the key principles of U.K. data protection law remain fundamentally unchanged...

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Technology, Privacy, & Cyber
US Supreme Court Significantly Limits Effectiveness of the TCPA by Narrowing Auto-Dialer Definition
December 7, 2021

On April 1, 2021, the United States Supreme Court issued a unanimous 9-0 decision in Facebook, Inc. v. Duguid..

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Technology, Privacy, & Cyber
Preserving the Insurer’s Right to Allocate Loss
December 7, 2021

As most insurers know, a reservation-of-rights letter is only useful to the extent that it can be enforced at a later date...

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Professional Indemnity
California Courts During and After COVID-19
December 7, 2021

Introduction Courts across the United States universally have been impacted by the ongoing COVID-19 pandemic. While some jurisdictions have coped well, other jurisdictions have struggled to provide safe and meaningful access to courts...

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Dispute Resolution
Incorporating Underlying Construction Contract into Insurance Contract: Possible Consequences on Policy Interpretation
December 7, 2021

On large projects, construction and design firms may purchase project-specific insurance policies to provide a single source of available insurance for claims related to that particular project..

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Professional Indemnity
Looking Ahead: the UK cyber landscape in 2021
September 26, 2021

As we approach the end of an unprecedented year, we look ahead to the next twelve months. In addition to the ongoing strain on company resources caused by the pandemic, we expect companies operating in the UK and their insurers will face additional data protection burdens in 2021

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Technology, Privacy, & Cyber
Much-Needed Guidance on the Horizon for U.S. Debt Collectors
December 7, 2021

For decades, debt collection agencies have operated within a regulatory framework that requires compliance with a hodgepodge of dated legislation subject to various interpretations across different jurisdictions.

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Other Lines of Insurance
Power to the Policyholders? Texas Supreme Court Considers Expanding Insurers’ Liability in Settlement Disputes
December 7, 2021

Texas Supreme Court will consider an opportunity to reshape the contours of the Stowers doctrine, which requires insurers to consider settlement demands within policy limits with a “degree of care and diligence which an ordinarily prudent person would exercise in the management of his own business”

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Professional Indemnity
Telephone Consumer Protection Act: Seventh Circuit Adds To Trend of Limiting The Definition of Auto-Dialer Under TCPA, But Uncertainty Remains
December 7, 2021

There have been positive developments for defendants in the Telephone Consumer Protection Act (“TCPA”) landscape this week.On February 19, 2020, the Seventh Circuit Court of Appeals issued the much-awaited opinion in Gadelhak v. AT&T Servs., Inc., No. 19-1738, 2020 WL 808270 (7th Cir. Feb. 19, 2020)

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Technology, Privacy, & Cyber
Community Leadership
Comparing US And EU Approaches To Paying Cyber Ransoms
December 7, 2021

Ransomware attacks continue to proliferate across the globe and it is expected that 2020 will see continued attacks. Trend Micro Inc. reported a 77% surge in ransomware[1] attacks during the first half of 2019

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Technology, Privacy, & Cyber
MAJOR UK DATA BREACH CLASS ACTION SUITS ARISE IN THE WAKE OF GDPR
December 7, 2021

In two decisions rendered this month, the UK courts have permitted two major class-action lawsuits under the General Data Protection Regulation (GDPR) regime. The suits prove that the GDPR opens the door for large representative suits on behalf of data breach victims..

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Technology, Privacy, & Cyber
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