News & Analysis as of

Cyber Insurance Insurance Claims

J.S. Held

Strategies to Avoid Cyber Insurance Claim Challenges: Part I

J.S. Held on

Cyber risk is now a normal part of our personal and professional lives. When companies suffer a cyber incident, they often look to their insurance policy for coverage to help mitigate the financial exposure. Additional...more

K&L Gates LLP

CrowdStrike IT Outage: Wave of Business Interruption Claims Expected

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Businesses, public services, and computer users across the world faced disruption as a result of the major CrowdStrike information technology (IT) outage, which is being coined by many as one of the largest and worst cyber...more

Wiley Rein LLP

Delaware Court Dismisses Insurers’ Subrogation Action Against Software Provider Over Ransomware Payouts

Wiley Rein LLP on

The Superior Court of Delaware, applying Delaware law, has dismissed two lawsuits filed by nine insurance companies seeking to recover amounts they paid under cyber liability policies from a software company whose customers...more

Woodruff Sawyer

Q1 2024 Commercial Insurance Market: Competitive Cyber and D&O, Higher Casualty Premiums, and More Capacity in Property

Woodruff Sawyer on

Commercial insurance pricing trends in the first quarter of 2024 followed many of the same patterns as last year. Insurance buyers can still expect competitive premiums in D&O and Cyber despite several insurers publicly...more

Wiley Rein LLP

Insured Not Entitled to a Windfall Under Cyber Policy’s Business Interruption Insuring Agreement

Wiley Rein LLP on

In a win for Wiley’s client, the United States District Court for the Eastern District of Arkansas, applying Arkansas law, has held that a cyber policy’s business interruption coverage should not result in a windfall for an...more

Paul Hastings LLP

Paul Hastings Hosts Panel on Cybersecurity Insurance Trends and Insights

Paul Hastings LLP on

On May 8, 2024, Paul Hastings hosted the Cybersecurity Law Workshop at this spring’s Privacy + Security Forum featuring a panel on cybersecurity insurance trends and insights. The panel was moderated by Paul Hastings’ David...more

Zelle  LLP

Fifth Circuit Holding Addresses Scope of BI Coverage Under Cyber Policy

Zelle LLP on

The Fifth Circuit added to the emerging body of case law addressing the recovery of business income losses in the cyber insurance coverage context to kick-start 2024 in Southwest Airlines Company v. Liberty Insurance. ...more

Cozen O'Connor

Is there CGL Coverage for Cyber Breach Claims?

Cozen O'Connor on

The coverage dispute in Home Depot, Inc., et al v. Steadfast Insurance Company, et al. arises out of a 2014 data breach of millions of Home Depot’s customers’ payment information. As a result of the breach, the financial...more

Wiley Rein LLP

Violation-of-Law Exclusion Defeats Duty to Defend BIPA Lawsuit

Wiley Rein LLP on

The Appellate Court of Illinois, First District, applying Illinois law, has held that two general liability insurers do not owe a duty to defend an insured in a lawsuit alleging Biometric Information Privacy Act (BIPA)...more

Esquire Deposition Solutions, LLC

Stemming Losses That Go Uncovered by Cyber Insurance

Twenty years ago the federal government designated October as Cybersecurity Awareness Month, part of an early effort to promote a wider appreciation of computer-related threats to business and government operations and to...more

Lowenstein Sandler LLP

“Keeping Track” of Your Cyber (and Other) Coverage Part I

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In this episode of “Don't Take No for an Answer,” host Lynda A. Bennett is joined by David Anderson, Vice President of Cyber at Woodruff Sawyer, and Heather Weaver, counsel in Lowenstein’s Insurance Recovery Group, to discuss...more

Wiley Rein LLP

No Cyber Insurance Coverage for Vehicle Thefts Purchased Online Using Fake Identities

Wiley Rein LLP on

In a win for Wiley’s clients, a Louisiana federal court, applying Louisiana law, has held that an insured’s contractual obligation to remit funds to a lender did not constitute a Claim under a cyber policy, and that vehicle...more

Robinson+Cole Data Privacy + Security Insider

Insurer Denies Coverage Under Professional Liability Policy for Lawyer’s Email Compromise

Insurance coverage for cyberattacks can be tricky for anyone to navigate, including lawyers. To illustrate this point, a case in New Jersey caught my eye that I thought would be an interesting read for our followers who are...more

Kohrman Jackson & Krantz LLP

Coverage Challenges in Ransomware Claims: Cyber Insurance Policies and Trends in Denials

A consistent pattern emerges in data breach and cyber-attack cases when companies turn to their insurers for coverage after such incidents. Whether they possess specialized cyber insurance or not, insurers often decline...more

Rivkin Radler LLP

Insurance Update - June 2023

Rivkin Radler LLP on

Courts took up some interesting insurance questions this past month. Here’s some we address in our June Insurance Update. When a government sponsored cyberattack infects computers worldwide, does the war exclusion apply? ...more

K&L Gates LLP

After Important Cyber Insurance Victory for Policyholders, Focus Turns to Insurers' Proposed Changes to War Exclusions

K&L Gates LLP on

A recent appellate court decision could help policyholders secure insurance coverage for losses arising out of state-sponsored cyberattacks. In Merck & Co., Inc. v. ACE American Ins. Co., the Superior Court of New Jersey...more

Lowenstein Sandler LLP

Cracking the Code: Getting the Most Out of Your Cyber Insurance Policy

Lowenstein Sandler LLP on

Cyber insurance is more important than ever, says Eric Jesse, who provides three tips for deriving the most value possible from your cyber insurance policy. Eric advises policyholders to clearly understand the scope of their...more

Blank Rome LLP

Transferring Risk Helps Relieve Leaders’ Biggest Fears

Blank Rome LLP on

According to Aon’s 2022 Executive Risk Survey, which aggregates and examines responses to its annual international survey of C-suite leaders and senior executives in the U.S., the EU and the UK including 800 respondents at...more

Jones Day

Four Ways to Protect Your Cyber Insurance in Today’s Challenging Market

Jones Day on

In Short: The Situation: The cyber insurance market is experiencing a major retrenchment, with insurers seeking to limit their exposure in a variety of ways....more

Wiley Rein LLP

No Coverage for Consequential Losses Stemming from Computer System Failure

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A Texas federal district court, applying Texas law, has held that a cyber insurer did not need to cover losses incurred by its insured resulting from a system failure incident, finding that those losses were consequential and...more

J.S. Held

Cyber Claims: A Guide to Calculating Business Interruption

J.S. Held on

While cyber was incorporated in some general liability policies (GL) of the 1980s, the first cyber standalone policy was written in 1997 through AIG. Though groundbreaking, as it was the first to address cybersecurity, it was...more

Woodruff Sawyer

M&A Minute: When R&W Insurance Works to Cover Interim Breaches

Woodruff Sawyer on

Reps and warranties insurance (RWI) ensures the policyholder is covered for breach of contract for mergers and acquisition (M&A) transactions. Failures in diligence or fraud on the part of the seller can result in breaches of...more

Farella Braun + Martel LLP

Using Multi-Factor Authentication as a Prerequisite to Cyber Liability Coverage

Multi-factor authentication (MFA) is more than an annoying popup or text message when logging onto a company’s website or platform. Not only is using MFA a sound security practice and good business, it is frequently becoming...more

Buckingham, Doolittle & Burroughs, LLC

Busting Cyber Myths Part 2: I Can’t Afford Cyber Protection

In the second of a three-part series, Buckingham Data Privacy and Cybersecurity Attorney David Myers talks with Andy Jones, CEO, Fortress Security Risk Management, and Bryan Schauer, Vice President at The Schauer Group’s...more

Farella Braun + Martel LLP

Maximizing Your Insurance Coverage for Data Privacy Liability

With news of massive data breaches making headlines in recent years, the handling of personal data has become a focus for legislators and regulators around the world. Compliance with data privacy regulations such as the...more

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