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Derek M. DanielsMcCumber Daniels Buntz Hartig & Puig Tampa, Florida
Ernest Koschineg IIICipriani & Werner, P.C., Blue Bell, PA

Committees: Miscellaneous PL & Cyber Claims

Miscellaneous PL & Cyber Claims

Committee Co-Chair (Misc.) Committee Co-Chair (Cyber)
Timothy B. Soefje, Esq. Carrie Campi, Esq. 
Seltzer Chadwick Soefje, PLLC
2801 Network Blvd., Suite 105
Frisco, TX  75034



Allied World Insurance Company
1690 New Britain Avenue, Suite 101
Farmington, CT 06032




Overview of the Committee’s Focus:

Miscellaneous Professional Liability Claims

A variety of professional liability claims fills out the errors and omissions claim landscape that are less frequently litigated (individually) but nevertheless occupy the work of malpractice defense claims specialists. New types of professionals are born increasingly in which standard of care causes of action may be alleged to apply to their work along with general negligence, breach of contract, breach of warranty and similar causes. These professionals may include, for example:

Computer, Website, Internet and Cyber-Related Consultants

• Lien Collection Agencies

• Credit Counselors, Credit Bureau, Collection Agencies

• Educational/Seminar Designer/Presenters

• Employment Agency/Executive Search Firms

• Actuaries

• Homeowners Associations

• Mortgage Brokers/Bankers

• Freight Forwarder/Customs House Brokers

• Translators

• Clinical/Analytical Testing Laboratories

• Bookkeeping/Tax Preparation Services

• Travel Agencies/Tour Operators

• Third Party Administrators/Claims Adjusters

• Business Brokers

• Media Groups

Title Abstractors

• Employment Practices Liabilities Defendants

• Employee Benefit Plan Consultants

• Standards Organizations

• School Districts/Teachers

• Management Consultants

• Interior Decorators

• Trustees/Fiduciaries

• Environmental Consultants

• Auctioneers

Property Managers

A plethora of new E&O insurance policies are being written in response to the growth of the exposures risk managers confront in adequately planning their insurance coverage portfolios. As with all professional liability claims the defense focus is to establish compliance with the applicable standard of care and to disprove causation, along with specialty defenses which may include the statute of limitations, contributory negligence or comparative fault, the economic loss doctrine, certificate of merit deficiencies, absence of a client relationship, failure to mitigate damages, contractual liability limitations and other defenses.

Cyber Liability

Cyber liability claims arising out of data breach incidents may trigger professional liability claims that result from phishing, other malicious hacking, or mere employee negligence in securing personally identifiable information ("PII"), protected health information ("PHI"), financial data, trade secrets and the like.  Doctors, lawyers, indeed all professionals collect patient, client or customer data that, in the absence of care, may be misappropriated leading to identity theft, invasion of privacy claims, federal and state statutory/regulatory liabilities, defamation, breach of fiduciary duty, and other claims.  Lawyers, in particular, face disciplinary risks associated with failure to maintain client confidences.

PLDF's Cyber Liability Committee  addresses the cutting-edge issues raised in this burgeoning litigation field, including:

Federal Court Standing and Subject Matter Jurisdiction Precedents

• Defense of Class Action Claims

• Damages Beyond Identity Theft Remediation, Customer Notification Expense, Public Relations Expense, Emotional Distress, Government Fines, Credit Monitoring Expense, and Increased Risk of Future Loss Claims

• Insurance Coverage Issues Arising from Data Security Lapses

• The Scope of, and Defenses to, Federal and State Statutory and Regulatory Laws

• Best Practices Advice for Clients Who Collect, Store and Destroy Data

• Role of the Economic Loss Rule

• Sorting Out the Contractual and Other Interrelationships Involved in Credit Card Data      Theft

• Third Party Defendant Identification and Joinder Strategies


Committee members are asked to contribute to article publication, to monitor the PLDF news and respond to member inquiries for assistance, and to assist in annual meeting seminar presentation planning.

Group Feed
Erin Risch (Cohn) joined the group Committees: Miscellaneous PL & Cyber Claims.
Posted Monday, January 15, 2018
Erin K. Higgins joined the group Committees: Miscellaneous Professional Liability Claims.
Posted Monday, October 9, 2017
Thomas D. Jensen posted a new entry in the Misc. PL Claims Blog blog in the group Committees: Miscellaneous Professional Liability Claims.
Posted Friday, July 21, 2017
Thomas D. Jensen posted a new entry in the Misc. PL Claims Blog blog in the group Committees: Miscellaneous Professional Liability Claims.
Posted Saturday, June 10, 2017
Thomas D. Jensen posted a new entry in the Misc. PL Claims Blog blog in the group Committees: Miscellaneous Professional Liability Claims.
Posted Tuesday, June 6, 2017
 More »

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