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Installation of software a "wrongful act" under technology E&O policy
- Wiley Rein LLP
- -
- USA
- -
- July 30 2010
Applying Minnesota law, the United States Court of Appeals for the Eighth Circuit has held that an insurer had a duty to defend under a "Information and Network Technology Errors and Omissions" policy because a lawsuit asserting that the insured software manufacturer installed tracking cookies and "spyware" on the underlying claimant's computer alleged a "wrongful act."
The HIPAAHITECH era is under way
- Wiley Rein LLP
- -
- USA
- -
- April 6 2010
The Health Insurance Portability and Accountability Act (HIPAA)Health Information Technology for Economic and Clinical Health (HITECH) Act era began on February 17, 2010, with a whisper rather than a scream
Ongoing confusion for HIPAA business associates
- Wiley Rein LLP
- -
- USA
- -
- February 4 2011
It is clear that the Health Information Technology for Economic and Clinical Health (HITECH) Act era creates substantial new legal obligations for entities that operate as "business associates" under the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rules
HHS publishes NPRM altering HIPAA accounting rule
- Wiley Rein LLP
- -
- USA
- -
- June 7 2011
The Department of Health and Human Services (HHS) has published a Notice of Proposed Rulemaking (NPRM) about the accounting provisions of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule
HHS releases NPRM altering HIPAA accounting rule
- Wiley Rein LLP
- -
- USA
- -
- May 27 2011
On May 27, 2011, the Department of Health and Human Services (HHS) released for public review a Notice of Proposed Rulemaking (NPRM) about the accounting provisions of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule
Insurer has duty to defend where accountants allegedly used professional services to recklessly provide false information to authorities
- Wiley Rein LLP
- -
- USA
- -
- September 17 2012
Applying Florida law, the United States District Court for the Middle District of Florida has held that a professional liability insurer has a duty to defend insured accountants against claims alleging malicious prosecution and civil conspiracy where the underlying complaint alleged, inter alia, that the accountants used their professional services recklessly to provide false information about their clients to authorities
Computer software exclusion barred coverage for wrongful death claim arising out of failure to update GPS software
- Wiley Rein LLP
- -
- USA
- -
- October 9 2012
Applying Florida law, a federal district court has held that a policy’s “computer software exclusion” applied to bar coverage for a lawsuit alleging bodily injury as a result of the insured’s purported failure to update its global positioning systems (“GPS”
