Santa Maria & Company Risk News
  February 2009
Dear Janelle,

Thank you for viewing this material. We are pleased to provide this service to you, and to provide up to date information regarding risk management, insurance industry news, products and changes.

 
DATA BREACHES INCREASE 47% IN 2008
business binoculars
Data breaches in the United States increased dramatically in 2008 with 656 breaches reported, a 47% increase over 446 in 2007, according to the Identity Theft Resource Center.

While government agencies and the military have significantly reduced the number of data breaches through heightened security measures, the business community's exposure remains high, according to the San Diego-based nonprofit, established to broaden public education and awareness about identity theft.

Read on...
WHAT IS CYBER LIABILITY?
Cyber Liability is the first and third party exposure related to privacy injury, identity theft, e-business, the Internet, network damage, and informational assets.

WHY DO I NEED CYBER LIABILITY INSURANCE (CLI)?
Companies that rely on computers to store information are exposed to network security breaches.  Nearly every company in any industry stores sensitive information about their customers and employees on a network.

Claims can be for identity theft or any information or data, not just website content.  The sensitive information most businesses hold is not primarily on a website or related to Internet operations.  Valuable information, such as tax identifications numbers, credit card numbers, others' trade secrets, proprietary or confidential information, or customer's or employee's private information is more frequently stored on an internal network.

New laws require you to notify anyone affected by a security breach. 
HIPAA, GLBA, COPPA, EU Data Protection Act, California SB 1386.

Networks and businesses today are "borderless."  Claims can originate from anywhere in the world.  Coverage can be provided to cover incidents that can occur worldwide.

Minimum annual premiums start at only $500, making this coverage affordable for all businesses. 

HOW CAN CYBER LIABILITY INSURANCE (CLI) PROTECT YOUR BUSINESS?
Exposure or breach of information can result in substantial financial loss and possible long term damage to your company's reputation.

All network information is covered enterprise-wide, not just information on websites.
Coverage is provided for any current or future applicable privacy laws worldwide.
Covers claims related to identity theft resulting from unauthorized disclosure of private information.
Covers your cost to notify your clients if you suspect a security breach or compromise of your clients' private information.
California SB 1386 compliance costs
Covers your cost to comply with any new applicable privacy law or regulation if a regulatory authority notifies you that you may not be compliant.
Covers damage to information residing on your network, including:
Your own information, upon which others rely, residing on a network
Your clients' information on your network
Network interruption or customers' inability to access or use your network or their network if interruption is caused by you
Theft or unauthorized disclosure of your clients' information on your network
Disruption of or damage to your clients' networks and information
Damage due to viruses, denial of service, and security breaches

Cyber Liability Insurance Application
OBAMA SIGNS FAIR PAY ACT

white house WASHINGTON-President Barack Obama on Thursday signed the Lilly Ledbetter Fair Pay Act of 2009, which eases time limits on wage discrimination claims.

The Ledbetter Act provides that every paycheck resulting from an earlier discriminatory pay decision constitutes a violation of Title VII of the Civil Rights Act of 1964, as well as the Age Discrimination in Employment Act, the Americans with Disabilities Act and the Rehabilitation Act.

CLASS ACTIONS RISE IN WAKE OF SUBPRIME CRISIS
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The subprime mortgage crisis helped push the number of federal securities class action lawsuits in 2008 up 19% to 210 compared with the number filed in 2007, according to a report released Tuesday by the Stanford Law School Class Action Clearinghouse.

That was the highest number since 2004's 215 filings and considerably above the 1997-2007 average of 192. Nearly half of the filings involved financial companies, according to the study.

Read on...

CALIF. COURT OVERTURNS POLLUTION LIABILITY DECISION

Gavel RIVERSIDE, Calif.-When a continuous pollution loss spans multiple policy periods, any liability insurer covering any policy period is liable for the entire loss up to their policy limits, a California appeals court ruled.

Monday's finding by California's 4th District Court of Appeals overturned a 2004 trial court's "no-stacking" decision, which said the state of California, as a policyholder, had to choose one policy period and could only recover the general liability policy limits in effect for that period.

Read on...
 
Sincerely,
 

Santa Maria & Company
phone: (925) 988-8085
In This Issue
DATA BREACHES INCREASE 47% IN 2008
WHAT IS CYBER LIABILITY?
OBAMA SIGNS FAIR PAY ACT
CLASS ACTIONS RISE IN WAKE OF SUBPRIME CRISIS
CALIF. COURT OVERTURNS POLLUTION LIABILITY DECISION
FEATURED ARTICLE
moving
PLEASE NOTE
WE WILL BE MOVING
our office effective
March 1, 2009


The new address will be:
1550 Parkside Drive,
Suite 200

Walnut Creek, CA  94596
FEATURED ARTICLE

WC CHANGES
EFFECTIVE JAN. 1ST

CALIFORNIA ASSESSMENTS AND SURCHARGES EFFECTIVE 1/1/2009

For Workers Compensation policies effective January 1, 2009 and after, the California Assessments and Surcharges have been revised as follows:

California Fraud Investigation/Prosecution Surcharge
     Changed from
     .2394% to.3956%.
               
California User Funding Assessment
     Changed from
     1.0703% to1.3583%.
 
California Uninsured Employers Benefit Trust Fund Assessment        
     Changed from
     .1730% to.2241%.
       
California Subsequent Injuries Benefits Trust Fund Assessment        
     Changed from
     .0311% to.0827%.
       
California Guarantee Assoc. Surcharge         
     Remains unchanged
     at 2.0%



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Santa Maria & Company | 1777 N. California Blvd., Suite 310 | Walnut Creek | CA | 94596