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Contract analysis / notice-of-claim-atlas.docx
notice-of-claim-atlas.docx
High · 3
Medium · 7
Standard · 0
1. Introduction and Purpose of Notice
Medium
⚑ Notice / time limit to track
1. Introduction and Purpose of Notice Calderwood & Harkness LLP serves as outside counsel to Quorum Insurance Holdings Corp. ("Quorum" or the "Insured"), a Delaware corporation publicly traded on the Nasdaq Global Select Market under the ticker symbol QIHC, with its principal executive offices located at 400 Constitution Plaza, Suite 2200, Hartford, CT 06103 (EIN: 06-4832197). We write on behalf of Quorum in connecti
2. Policy Summary
High
⚑ Penalty / liquidated damages
2. Policy Summary For ease of reference and to ensure completeness of the record, we summarize below the key terms of the Policy that are relevant to this notice of claim: Based on the nature of the security incident described below, Quorum believes that several categories of coverage afforded by the Policy are implicated, including without limitation: (a) first-party forensic investigation costs; (b) notification co
3. Description of the Security Incident
Medium
⚑ Notice / time limit to track
3. Description of the Security Incident 3.1 Background on Quorum and the Palomar Vendor Relationship By way of background, Quorum is a top-25 U.S. insurance holding company with operations spanning all fifty states, the District of Columbia, and Puerto Rico. Quorum offers a diversified product portfolio encompassing personal lines insurance (including homeowners, automobile, and umbrella coverages), commercial lines
4. Preliminary Assessment of Compromised Data
4. Preliminary Assessment of Compromised Data The forensic investigation being conducted by Graystone Forensics is in its early stages. However, based on information available to date — including information received from Palomar, Palomar's own preliminary forensic findings, and Graystone's initial review of available indicators — the security incident potentially compromised the personally identifiable information o
5. Anticipated Categories of Loss and Expense
High
⚑ Penalty / liquidated damages
5. Anticipated Categories of Loss and Expense Based on the nature and anticipated scope of the security incident, Quorum expects to incur significant costs and expenses across the following categories. Quorum believes that each of these categories of loss and expense falls within the coverage afforded by the Policy and hereby provides notice of its intent to seek coverage for the same. 5.1 Forensic Investigation Cost
6. Reservation of Rights
High
⚑ Indemnity / guarantee obligation
6. Reservation of Rights By providing this notice of claim, Quorum expressly reserves all of its rights, remedies, and defenses under the Policy, at law, and in equity. Without limiting the generality of the foregoing, Quorum specifically reserves the following: (a) The right to seek coverage under the Policy for all categories of loss, cost, and expense arising from or related to the security incident described in t
7. Requests to Atlas Mutual
Medium
⚑ Notice / time limit to track
7. Requests to Atlas Mutual In connection with this notice of claim, Quorum respectfully requests the following from Atlas Mutual:
1. Acknowledgment of Receipt. Written acknowledgment of Atlas Mutual's receipt of this no
Medium
⚑ Notice / time limit to track
1. Acknowledgment of Receipt. Written acknowledgment of Atlas Mutual's receipt of this notice of claim, including confirmation of the date on which this notice was received and entered into Atlas Mutual's claims management system.
2. Claim Number Assignment. Assignment of a claim number to this matter, if one has not a
Medium
⚑ Assignment / subcontracting
2. Claim Number Assignment. Assignment of a claim number to this matter, if one has not already been assigned. Quorum understands, based on preliminary communications through its broker, that this claim may be designated CYB-CLM-2023-05892. Quorum requests confirmation of the assigned claim number for tracking and correspondence purposes.
3. Confirmation of Claims Processing. Confirmation that Atlas Mutual will process this cl
3. Confirmation of Claims Processing. Confirmation that Atlas Mutual will process this claim under Policy No. CYB-2023-041587, and identification of the claims adjuster and any other Atlas Mutual personnel who will be responsible for handling this claim going forward.
4. Panel and Pre-Approval Requirements. Identification of any panel counsel requirements,
4. Panel and Pre-Approval Requirements. Identification of any panel counsel requirements, pre-approved vendor lists, consent requirements, or other pre-approval procedures under the Policy that Atlas Mutual wishes Quorum to observe in connection with the retention of legal counsel, forensic investigators, notification vendors, credit monitoring providers, call center operators, or crisis communications consultants. Q
5. Documentation Requirements. Identification of any documentation, forms, sworn proof of
5. Documentation Requirements. Identification of any documentation, forms, sworn proof of loss, or other information that Atlas Mutual requires from Quorum at this stage to facilitate the claims process. Quorum is committed to cooperating fully with Atlas Mutual throughout the claims process. Quorum will provide periodic updates on the status of the forensic investigation, the identification of affected individuals,
8. Contact Information
8. Contact Information All communications regarding this claim should be directed to the following individuals: Primary Contact — Outside Counsel: Kevin Ostrowski, Partner Privacy & Data Security Practice Group Calderwood & Harkness LLP 1700 K Street NW, Suite 900 Washington, D.C. 20006 Telephone: (202) 555-7418 Email: kostrowski@calderwoodharkness.com Billing Contact — Outside Counsel: Rachel Bernstein, Partner Cald
9. Excess Carrier Notice
Medium
⚑ Notice / time limit to track
9. Excess Carrier Notice As noted in Section 2 above, Quorum maintains excess cyber-liability coverage above the Atlas Mutual primary layer. Quorum is providing separate precautionary notice of this claim to its excess cyber-liability insurer, Pinnacle Surplus Lines Insurance Corp. (Attention: Lisa Garner, Claims Department), under Excess Policy No. XS-CYB-2023-7812. That excess policy provides $25,000,000 in coverag
10. Closing
Medium
⚑ Notice / time limit to track
10. Closing Calderwood & Harkness reserves the right to supplement this notice of claim as additional facts, circumstances, and information become available through the ongoing forensic investigation and response process. This notice is not intended to be, and should not be construed as, a comprehensive or final statement of all facts, claims, or losses arising from the security incident. Quorum's understanding of th