Cyber Insurance

News & Analysis as of

Corporate Insurance Trends 2014

Although we are seeing the tail end of many of the claims which arose from the Global Financial Crisis, the sophisticated plaintiff’s bar and ever-developing class action landscape means that companies and their officers will...more

Cyber, Data-Security Liability Claims: Coverage Under Traditional Lines of Insurance

Recent, large-scale data breaches at several well-known companies underscore the substantial risk that businesses now face with respect to cyber, data-security liability. In this year alone, numerous companies – including...more

Learning from Target: Insurance Coverage for Data Breaches

Cyber liability is a clear and present danger. Target Corp. recently reported at least $235 million as gross expenses related to its 2013 data breach. Fortunately, Target was able to recover $90 million of that loss under...more

Director Liability for Cybersecurity Risks

If a corporation is the target of a cyberattack resulting in a data breach, its board may be the target of a shareholder derivative action claiming breach of fiduciary duty. A recent example is Palkon v. Holmes, No....more

Be Careful What You Promise in Your Company’s Privacy Policy!

When you or your clients are updating a privacy policy to provide a carveback for this type of M&A scenario, you should also check to be certain that the existing cyber/privacy insurance policy contains coverage for a...more

Why Cyber Security? [Video]

• Electronic data and credit card information can be compromised due to malware, phishing, spear phishing, data loss and data theft • The risk of cyber liability is real for ALL enterprises whether large or...more

Does your CGL Policy Include Cybersecurity Coverage?

As implied by the name, the commercial general liability (CGL) insurance policy provides businesses with coverage for a wide array of claims by third parties, including claims for damage to “tangible property” and claims...more

The Inevitable Cyber Break In: Are You Protected?

The prevalence of cyber data breach over the years has not only grown in number, but has also grown in size. Perhaps the most well-known example of a large-scale data breach is that suffered by Target Corp. occurring at the...more

Cyber Risks For The Boardroom

The Recent Increase In Focus on Privacy Issues - Privacy issues have been the focus of many state efforts over the past few years. However, the SEC has increased their focus tremendously over the past few months (see...more

New Mandatory Exclusions in Standard CGL Policies Limit Coverage for Data Breaches

The insurance industry continues to respond to the growing threat of data breaches by directing businesses facing that risk towards new, risk-specific cyber insurance products, while attempting to restrict coverage for data...more

Cyber Security: Forewarned is Fair-Warned

When Wei Wong, owner of Sushi Mushi, a popular Japanese food bistro in Texas, installed a phone add-on to take credit and debit card payments straight from his employees’ phones, his revenues skyrocketed. Yesterday the Feds...more

If Exposed to Cyber-Attacks, Cyberinsurance May Cover Losses

Your network is your company’s life blood. You want to be protected in the event your cybersecurity is breached; the attack on Target being a recent, well-publicized reminder to the threat of cyber attacks. ...more

Data Breach Liability Exclusion – It’s Not Your Father’s CGL

No business is immune to data breach. Digital data in particular can be lost in innumerable ways, causing serious business interruptions and consumer injuries. After falling victim to a hack, virus, or cyber theft, companies...more

Policyholder Observer

Encryption Flaw "Heartbleed" Creates Data Risk: How Insurance Can Stanch the Bleeding - In early April, news broke of an encryption flaw named “Heartbleed” that exposed companies to data breaches for over two and one...more

Data Breach + No Insurance + No Legal Counsel = #Loss

Welcome to the new age! Data breaches are embedded in our lives – there is no escape. The costs to any company to operate a business without cyber liability insurance and legal counsel are astronomical. Is your company...more

Insurance Coverage for Data Breaches - What Every Business Needs to Know

According to FBI Director Robert Mueller, "there are only two types of companies: those that have been hacked and those that will be…." Computer hackers stealing our personal information (social security numbers, bank...more

Insurance Coverage for Data Breach Claims

Recent examples of data breaches resulting in invasion of privacy lawsuits abound. Target and other retailers, financial services companies and other businesses have had their internal data systems breached and consumers’...more

Where is the Cyber Insurance Market Heading?

After months of shocking reports of cyber breaches and data thefts at some of the largest retailers and the scramble of companies in just about every line of business to adjust to the new normal of cyber risk, we recently had...more

Cyber-Coverage: Clarity or Confusion

As the number of data breaches and disclosure of personally identifiable information (“PII”) increases, courts are being asked to decide whether such claims for data breach and disclosure of PII are covered by traditional...more

Check Your General Commercial Liability Policy for Cyberliability Coverage

It is likely that your company has an obligation to protect the data and the financial information of its customers, clients and/or employees. This may be harder than ever since much of the company’s most of the valuable...more

Tennessee Insurance Legal News - May 2014 • Volume 3, Number 2

In This Issue: - COMMISSIONER OF TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE ISSUES POSITION ON FILING REQUIREMENTS OF NEW ENTERPRISE RISK FILING LEGISLATION: On May 28, 2014, Governor Haslam signed...more

Cyber Risks for the Boardroom Part 5: Coverage for Privacy Violations

The last installment in our series – “Coverage for Privacy Violations” - Part 5 of 5: Coverage For Privacy Violations: As we previously noted, recent SEC actions on the topic of cybersecurity indicates...more

SEC Cybersecurity Initiative: Five Steps ALL Broker-Dealers and Investment Advisers Should be Taking

Last week, the U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) released a Risk Alert announcing its Cybersecurity Initiative....more

Cyber Insurance: A Last Line of Defense When Technology Fails

As cyber risks increase, specialized insurance policies can protect companies, but only if those policies are appropriately tailored and negotiated. Daily news headlines reveal the escalating, and costly, problem of...more

NAIC Report: 2014 Spring National Meeting

The National Association of Insurance Commissioners (NAIC) met for its Spring National Meeting in Orlando, Florida from March 29 through April 1. Typical for the first national meeting of the year, much activity was focused...more

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