Cyber Insurance

News & Analysis as of

Privacy & Cybersecurity Update - April 2016

In this edition of our Privacy & Cybersecurity Update, we examine changes to EU privacy and data protection laws, new state laws addressing data breach notifications, Congress' review of cyber insurance, and recent court...more

Do You Need Cyber Insurance or Will Your CGL Policy Be Enough?

In Travelers Indemnity Co. of America v. Portal Healthcare Solutions, LLC, the Fourth Circuit Court of Appeals reverses the recent trend of insurance companies avoiding any liability for data breaches under commercial general...more

Two is Better Than One: CGL Policies Complement Cyber Insurance in Protecting Companies Against the Rising Costs Associated with...

Cyber insurance policies are often considered the “last line of defense” against cybersecurity incidents, but companies should keep in mind that their traditional commercial general liability (“CGL”) insurance policies are a...more

Keeping Coverage Online: Fourth Circuit Confirms Internet Data Breach Claim Triggers Commercial General Liability Policies

In a clear rejection of insurers’ attempts to artificially narrow the broad coverage provided by commercial general liability (“CGL”) policies, the United States Court of Appeals for the Fourth Circuit recently held that an...more

Ransomware Cuts Deep, in Life & in Coverage

1. Beyond Breaches - With ransomware, cybersecurity in healthcare has gone far beyond HIPAA compliance, breaches of PHI or identity theft. For the unprepared healthcare provider not able to prevent ransomware or...more

Fourth Circuit Finds Coverage for Cyber Incident under Commercial General Liability Policy

On April 11, the United States Court of Appeals for the Fourth Circuit rendered one of the first appellate-level decisions dealing with insurance coverage for a cyber event. The Fourth Circuit confirmed that a commercial...more

Fourth Circuit Finds That Traditional CGL Policies May Continue to Provide Coverage for Cyberliability Claims

A federal U.S. Court of Appeals has confirmed that comprehensive general liability (CGL) and other traditional policies may yet be a source of liability insurance coverage for cyberliabilities. Although a dedicated...more

Hanging Around: Fourth Circuit Confirms the Coverage for Data Breach Can Still Be Found in Traditional Liability Policies

With today’s increased focus on data breaches and related cyber liability exposure, the insurance market continues to develop policies tailored to this unique risk. Insurers are also excluding cyber risks in many traditional...more

Fourth Circuit Expands Cyber Coverage under Commercial General Liability Policies

The United States Court of Appeals for the Fourth Circuit recently affirmed a decision by the United States District Court for the Eastern District of Virginia, Alexandria Division (District Court), finding that Travelers...more

Fourth Circuit Holds that a Data Breach Is Covered by a Commercial General Liability Policy

In an unpublished opinion issued on April 11, 2016, the Court of Appeals for the Fourth Circuit held in The Travelers Indemnity Co. of Am. v. Portal Healthcare Solutions, L.L.C. that Travelers must defend a medical records...more

Cybersecurity Claim Under CGL Policy Prevails Against Strong Insurance Industry Pushback, As Fourth Circuit Upholds Policyholder’s...

Action Item: In a digital age, where companies and individuals increasingly rely on the Internet in their personal and commercial activities, the Travelers Indem. Co. of Am. v. Portal Healthcare Solutions, LLC, No. 13-1944...more

Court Upholds Coverage Under General Liability Policy for Claim Alleging Failure to Protect Data

In an encouraging development for insureds, the United States Court of Appeals for the Fourth Circuit held that a health care company’s general liability insurer was required to defend the company against claims stemming from...more

Good News for Corporate Policy Holders: Court Finds Cyber Coverage Under Standard Liability Policy

Corporate policy holders received good news on April 11 when the U.S. Court of Appeals for the Fourth Circuit issued its opinion in the case captioned: The Travelers Indemnity Company of America v. Portal Healthcare...more

Big Win For Policyholders in Fourth Circuit Finding Duty to Defend Under General Liability Policy for Data Breach!

This week, the Fourth Circuit affirmed the lower court’s ruling of summary judgment in favor of the policyholder Portal Healthcare, finding that Travelers has a duty to defend it under a General Liability policy for a...more

General Liability Coverage for Cyber Risks Arising from "Publication" of Private Data

Cyber liability issues present constant concerns to individuals and to companies who are custodians of private data. The “hot button” issues presented range from questions regarding data theft, including identity and credit...more

Fourth Circuit Finds Insurer Must Defend Data Breach Claims Against Its Insured Under Its Standard CGL Policy

Commercial General Liability policies have, for several decades, included advertising and personal injury coverage. Such coverage is afforded for injury caused by various enumerated offenses, including breach of privacy....more

Are You Covered? Fourth Circuit Finds CGL Insurance Coverage for Data Breach

As data breaches have continued to grow over the past few years, interest in cyber insurance coverage has grown along with it. This week, the Fourth Circuit upheld a lower court’s ruling in Travelers Indemnity Co. of America...more

Target’s Cyber Insurance: A $100 Million Policy vs. $300 Million (So Far) In Costs

When it comes to buying cyber insurance, businesses can take comfort that they have mitigated the financial risks that come with a data breach. Just not all of them. Target Corporation’s high-profile hack is a case in...more

Preparing For and Responding To Data Breaches (Presentation)

While companies may be aware of the threats posed to their businesses by a data breach, they should also have a concrete plan in place so that they can respond effectively should one occur. In a recent webinar, attorneys from...more

Cyber Attacks on Infrastructure are Increasing: Review Your Insurance As “Internet Of Things” Risks Grow and Change

In the December post Systemic Cyber Risks And The Internet of Things, we wrote about the increasing risk of cyber attacks on infrastructure and consumer products, and related insurance issues. We noted in that post that,...more

Trustwave Case Highlights Cyber-Risk to Professional Service Providers

In a case that we believe reflects a real future trend in the cyber-risk industry, Las Vegas casino operator Affinity Gaming (“Affinity”) is suing Chicago-based IT security firm Trustwave Holdings, Inc. (“Trustwave”) for...more

Privacy & Cybersecurity Update - March 2016

In this edition of our Privacy & Cybersecurity Update, we examine the FCC's proposed privacy rules for broadband providers; new developments relating to the Privacy Shield, which was created to replace the U.S.-EU Safe Harbor...more

Policyholder’s Bad Faith Claim Against Cyber-Insurer Survives Summary Judgment

In follow up on an older entry, the Court in Travelers Prop. Cas. Co. of Am. V. Fed. Recovery Servs., recently issued another order granting partial summary judgment in favor of a cyber-insurer, but also allowed the bad faith...more

House Homeland Security Committee Holds Cyber Insurance Hearing

On March 22, 2016, the Cybersecurity, Infrastructure Protection, and Security Technologies Subcommittee of the House Homeland Security Committee held a hearing entitled “The Role of Cyber Insurance in Risk Management.”...more

Is Cyberinsurance the Chicken or the Egg?

The insurance industry has been making the case to Congress that cyberinsurance can be a path to good security practices, encouraging different groups inside an organization to better communicate with one another. The process...more

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