Australian Workplace Surveillance Act
July 13, 2006
Following the passage of the first Australian law specifically regulating e-mail surveillance in the workplace on Oct. 7, 2005, employers in the State of New South Wales have been required to notify all employees of any e-mail monitoring and develop a workplace computer surveillance policy. The Workplace Surveillance Act 2005 (the 'Act') repealed the Workplace Video Surveillance Act 1998 and built on existing regulations relating to the use of listening devices and video surveillance cameras.
Identity Theft
July 13, 2006
Recent high-profile data breaches of online retailers, banks, government agencies, and data brokers have exposed the vast potential for damage to consumers when their personal information is illegally sold or inadvertently released into the public domain. Ironically, these breaches have occurred despite the existence of comprehensive federal and state legislative schemes aimed at safeguarding personal data.
<b>Online Exclusive:</b> RFID Starts to Draw Additional Congressional Attention
July 06, 2006
On July 13, the Senate RFID Caucus will hold its first meeting, with Sen. John Cornyn (R-TX) and Sen. Byron Dorgan (D-ND) as co-chairs. The creation of the new caucus indicates the importance that the Senate is placing on understanding the privacy implications, technological hurdles, and security benefits of emerging Radio Frequency Identification ('RFID') technology.
Case Briefs
June 29, 2006
Highlights of the latest insurance cases from around the country.
Managing the Co-Insurer Relationship: Preserving Contribution Claims
June 29, 2006
Typically, when an insurer accepts an insured's tender of defense, the response letter to the insured includes a request for information regarding the insured's co-insurers, and in the context of a progressive bodily injury or property damage claim, successive insurers. The insured is obligated to provide this information pursuant to the policy's cooperation clause. The purpose for requesting this information is to determine what other insurers may potentially be responsible for sharing in the defense and indemnity of the claim.
Tools for Challenging Settlements
June 29, 2006
A policyholder, claiming that its insurer is engaging in improper foot dragging while the policyholder faces huge liability exposure, enters into a settlement. It does so without the insurer's consent. Then the policyholder de-mands that the insurer fund the settlement. The insurer objects. In the litigation that is sure to follow, the insurer need not be on the defensive ' even if it breached its contractual obligations. Instead, several legal tools are available to an insurer to effectively challenge coverage for the settlement.
Dealing with Insurers in Liquidation
June 29, 2006
Insurer insolvency has become an increasingly significant concern. Since 1969, more than 400 property and casualty insurers have been placed in liquidation. The past 5 years have seen several larger commercial insurers go into liquidation, among them The Home Insurance Company and Reliance Insurance Company. Indeed, from just 2001 to 2003, Guaranty Associations paid approximately $5 billion in covered claims — more than half the $10 billion they had paid in the previous 31 years from their inception. This article addresses what creditors need to know when dealing with a financially troubled insurer.
