JSH Reporter Summer 2015 - Page 6

PUNITIVEDAMAGESARTICLE 006 support a ratio of 7:1 or 8:1. Conversely, reprehensible conduct on the low range of the scale would appear to fairly justify a punitive damages award in the range of 1:1. ABOUT THE AUTHOR DAVID STOUT, JR. Ultimately, Arellano likely caused the value of punitive damages claims to increase in Arizona, particularly where the punitive conduct is rather reprehensible. To limit awardable punitive damages, the defense should focus on reducing the impact of the allegedly egregious conduct on the reprehensibility scale. Mr. Stout has practiced as an insurance defense attorney for 9 years and is listed as one of Southwest’s Rising Stars by Super Lawyers. He has served on the Board of Directors for the Arizona Association of Defense Counsel, Young Lawyers Division, and is a member of the American Bar Association. Contact David at 602.263.7384 or dstout@jshfirm.com. JSH RESOURCE ALERT! USLAW Webinar Recording: Data Breaches: Insurance Coverage and Recovery of Costs for Cyber Liabilities ® covers topics including: • What sort of coverage should be purchased? • What are the key coverages that insureds should insist on when purchasing cyber insurance coverage? Data breaches and cyber liability present significant risks for businesses. The cost of defending and • data breaches? remedying a data breach can be staggering. Target recently reported more than $235 million in gross expenses related to its 2013 data breach. Fortunately, How are courts treating requests for coverage for • Potential sources of recovery for data breaches through indemnification and third-party actions. Target was able to recover $90 million of that expense from insurance coverage it purchased to protect itself Watch the full webinar recording here: http://web.uslaw. against such exposures. org/webinars/data-breaches-insurance-coveragerecovery-costs-cyber-liabilities/ Target’s experience is only one of many. A data breach hacking, and employee theft). Businesses must not USLAW Releases Updated Transportation Compendium of Law only engage in vigorous loss prevention but should The updated transportation compendium is a survey be continually evaluating and updating the insurance of state law on various issues associated with the protection they have in place to protect against these derivative negligence claims of negligent entrustment, potentially catastrophic risks. hiring, retention and supervision in truck accident cases. can rear its head in many forms (e.g., laptop loss, In addition to the transportation compendium of law, Insurance protection for cyber risks may be available USLAW publishes Nullum Tempus, Offers of Judgment, from several types of coverage. Cyber liability policies Construction, Retail, Spoliation of Evidence, Workers’ are available on the market and can offer a tailored layer Compensation, and a National Compendium addressing of protection. These specialized policies are rapidly issues that arise prior to the commencement of litigation evolving. Coverage may also be available under more through trial and on to appeal. traditional insurance products (e.g., Commercial General Liability, Directors & Officers, or crime/fidelity policies). To view or download the updated compendium, click here: http://www.uslaw.org/files/Compendiums2015/ This discussion, led by experienced insurance counsel Transportation/2015_USLAW_Transportation_ and a business that has purchased cyber coverage, Compendium_of_Law.pdf