CHAPTER 60

INSURANCE RELIEF

Robert A. Parisi, Jr. and Nancy Callahan

60.1 INTRODUCTION

60.1.1 Historical Background

60.1.2 Growing Recognition of the Need for Insurance

60.1.3 General Liability Issues

60.2 INTELLECTUAL PROPERTY COVERAGE

60.2.1 Loss/Damage to Intangible Assets

60.2.2 Intellectual Property Policies

60.2.3 Claims Made versus Occurrence Coverages

60.2.4 Duty to Defend versus Indemnity

60.2.5 Who Is Insured?

60.2.6 Definitions of Covered Claims

60.2.7 Prior Acts Coverage

60.2.8 Extensions of Coverage

60.2.9 Common Exclusions

60.2.10 First-Party Coverage and Other Key Provisions

60.3 PROPERTY COVERAGE

60.4 CRIME/FIDELITY COVERAGE

60.5 E-COMMERCE POLICIES

60.6 PRIVACY AND IDENTITY THEFT EXPOSURES

60.6.1 Issues for Businesses

60.6.2 Issues for Consumers

60.6.3 Insurance for Consumers

60.7 CONCLUDING REMARKS

60.8 FURTHER READING

60.9 NOTES

60.1 INTRODUCTION.

This chapter presents an overview of traditional insurance products and discusses how they may or may not provide coverage for the risks associated with intellectual property and with computer and network security. It also addresses the new types of coverage that have been developed expressly for those risks.

60.1.1 Historical Background.

Historically, people have responded to the risks associated with commerce by finding ways to lessen their impact or severity.

  • Around 3000 BCE, Chinese merchants cooperated by distributing cargo among several ships prior to navigating dangerous waterways, so that the loss of one ship ...

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