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The Changing Face of Data Breach and Privacy Laws

A survey of select proposed state laws and practical implications

As long as businesses continue to collect and process private consumer information, the threat of sensitive data compromise will exist.  In the absence of comprehensive federal data breach legislation, individual states are filling that void and attempting to reshape data breach and privacy laws to increase protection of consumer data.



From the Field - Natural Cats - Earthquakes

Ironshore’s recent executive seminars for broker partners in California and Washington was an overview of Natural Catastrophes - Hurricanes, Earthquakes and Wildfires and the methodology used to measure, track and in some cases, predict events. Our previous post focused on hurricanes. This post is an introduction to earthquake seismology with application to hazard and risk assessment featuring the seismic expertise of Dr. Carl Ebeling, Senior Development Engineer at the Institute of Geophysics and Planetary Physics, at UC-San Diego.



PFAS: Man-Made Contaminant the “Forever Chemical”

Per- and Polyfluoroalkyl Substances (PFAS), once used in everything from dental floss to microwave popcorn bags, are now being recognized as threatening toxic chemicals that pose health risks to populations across the country. PFAS are man-made fluorinated chemical compounds found in a vast array of commercial and consumer products. PFAS contaminants have been found in drinking water nationwide, exposing virtually everyone to some level of exposure. The U.S. government has reported that 98% of the population has detectable levels of PFAS in their blood. Of major concern, a result of one of the chemical properties of PFAS is that they are nearly impervious to biological or chemical degradation and therefore, unless treated, will remain in the soil and groundwater indefinitely, which has led to their nickname “forever chemical”.




From the Field – Natural Cats – Tracking Hurricanes in the Atlantic Basin

Ironshore’s recent executive seminars for broker partners in California and Washington was an overview of the methodology and history of the longest running hurricane seasonal forecast as well as the latest predictions for 2019. Our guest speaker, Dr. Phil Klotzbach, is a Research Scientist at the Tropical Meteorology Project in the Department of Atmospheric Science at Colorado State University. Dr. Klotzbach began as co-author on the Atlantic basin hurricane forecasts with Dr. William (Bill) Gray who began issuing these forecasts in 1984. Dr. Klotzbach became first author on the seasonal hurricane forecasts in 2006. He also developed the two- week forecasts currently being issued during the peak months of the hurricane season between August-October. Ironshore has been a sponsor of the Atlantic basin hurricane forecasts since 2014.



Insurance Risk Management Programs Assist Design-Build Project Contractors

Design-Build is a project delivery contracting method within the construction industry.  An owner enters into a contract with a Contractor or Design-Builder for the complete design and construction of a particular project.  It is prudent for the design-builder to assess the responsibilities and risks they will assume under the design-build agreement and determine how best to manage those risks.  A design-builder will assume certain risks, insure others, and transfer risk to design professionals and trade sub-contractors.



From the Field – AI and the black box – who is liable when no one is at fault?

AI is already on its way to transforming healthcare delivery and improving patient outcomes. However, while AI, Machine Learning, and Robotics are all designed to reduce human error and increase the predictability of patient care, they also create new risks across the healthcare liability landscape. In this post, we will consider what happens when lawsuits get ahead of science, insurance considerations in this new liability landscape, and possible modifications to legal doctrine to address this new science.