Tag Archives: Joshua Gold

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Property Insurance and Disaster Recovery

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How well a company can recover from a disaster often hinges on the quality of the recovery plan. And as Joshua Gold and Lawrence Bartelemucci of Anderson Kill & Olick point out in a new article, this plan needs to be in place before a disaster strikes. In order to develop the most effective plan, certain key considerations, both from an insurance perspective and a property perspective, must be addressed. Developing a checklist of these items can make all the difference. For example:

  • Is your space worth rehabilitating? If it is, then your company will need to contract for design and construction services to rehabilitate the current space or rebuild on site. If the space that will be rehabilitated is leased, your company needs to coordinate its efforts with the landlord.
  • If it is not worth rehabilitating, then your company must consider how it will dispose of the space (for example, selling the property or cancelling the lease), and how it will acquire new permanent space. In addition, your company will need to contract for design and construction services for its new space. This process should involve a zoning analysis to ensure that your company can build what it needs and conduct its operations on the chosen site.

For more insight, be sure to check out their article, only on RMmagazine.com.

Data Privacy in an Online World

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As social and business networking sites have taken off, data privacy has become increasingly more vulnerable. How can companies protect themselves while still taking advantage of what these new tools have to offer? In his latest online column, Joshua Gold of Anderson Kill & Olick examines the insurance and risk management measures that can prevent or mitigate unauthorized data access online.

Many forms of liability insurance protect against invasion of privacy claims. Should a policyholder be confronted by such a claim, umbrella insurance, general liability insurance, errors and omissions policies and other stand-alone specialty insurance policies should be checked for potential coverage. More proactively, if an insurance portfolio review reveals that those provisions have been written out of the businesses’ portfolio of insurance, the broker should be enlisted to get those increasingly important coverages back in.

For more, read the entire article, only on RMmagazine.com

Coverage for Theft of Third Party Property and Data

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These days most policyholders are entrusted with a wide-range of third-party data from health and personal information of their employees to financial and customer records. But often, when this data is stolen insurers are reluctant to pay for thee kind of losses. In the latest online-only column from Anderson Kill & Olick, Joshua Gold points out that according to many authorities, these losses should actually be covered.

In one recent case, for example, a policyholder was the victim of a computer hacker. The insurance company refused to pay the claim, but the court rejected the insurers attempts to evade payment and ruled that the policyholder was entitled to crime coverage for the theft of customer data.

Such a ruling is not only supported by the language of many crime policies (which often contain a provision indicating that they provide coverage for the theft of property not owned but in the possession of the policyholder), but also by numerous crime insurance coverage cases over the decades.

For more on this important coverage issue, check out the rest of the article, only on RMmagazine.com.

D&O Coverage for Investigations

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In the latest online-only column from Anderson Kill & Olick, Joshua Gold discusses how D&O coverage can be complicated by government investigations.

Most D&O insurance policies promise some measure of insurance protection against “regulatory and governmental” investigations, “administrative or regulatory proceedings” and criminal proceedings. However, many insurance companies will argue this coverage is not triggered until certain documents are prepared by the investigating entity and until they are prepared and drafted in a very specific way. For instance, does the investigation start when a subpoena is served or only when a “formal” investigative order is issued under the insurance policy? Insurance companies may argue that they are not on the hook for millions of dollars in “loss” until certain specific aspects of the investigation come to pass.

Considering the importance of D&O coverage for senior management, you won’t want to miss this online exclusive, only on RMmagazine.com.