News & Analysis as of May 5, 2025

Cybersecurity › Policy Exclusions

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

February 2025 Insurance Update

Rivkin Radler LLP on 2/21/2025

The 2014 Home Depot data breach was one of the more notorious cyberattacks. A decade later, litigation over that incident continues. The Sixth Circuit recently decided whether an electronic data exclusion cleared insurers...more

2025 Outlook: What to Expect from Your Insurance Carriers

Lowenstein Sandler LLP on 1/16/2025

Lynda A. Bennett, Heather Weaver, and Josh Weisberg of SterlingRisk continue their year-end conversation about what changed in the insurance recovery space in 2024 and what to expect in 2025. Lynda, Heather, and Josh...more

Guide to D&O Insurance for IPO and Direct Listing Companies, 2025 Edition

Woodruff Sawyer on 10/23/2024

Even though there was an uptick in IPO activity in 2024, many companies have taken a wait-and-see approach and deferred their public debuts to next year. Still, going public in 2025 will come with challenges, such as...more

No Duty to Defend BIPA Lawsuit Given Absence of Data Breach or Security Failure

Wiley Rein LLP on 9/30/2024

The Appellate Court of Illinois, First District, applying Illinois law, has held that a cyber policy did not afford coverage for an underlying lawsuit alleging violations of the Biometric Information Privacy Act (BIPA)...more

The Voluntary Parting Exclusion: What You Need to Know

Woodruff Sawyer on 9/25/2024

The US Internet Crime Complaint Center (IC3) received more than 880,000 cybercrime complaints in 2023. Overall financial losses from cybercrime last year reached $12.5 billion, a record-setting year-over-year increase of...more

Strategies to Avoid Cyber Insurance Claim Challenges: Part II

J.S. Held on 9/25/2024

In Part I of this series, we posed a series of questions to consider when purchasing cyber insurance. Our approach was deliberate: the right questions help get you the right insurance to address cyber risks facing your...more

Benefits Monthly Minute - March 2024

Keating Muething & Klekamp PLL on 4/1/2024

The March Monthly Minute digs into an Ohio district court ruling that rejected application of a medical plan exclusion, missing participant guidance and related audit concerns, and responses to the Change Healthcare...more

Merck-Settlement of $1.4 Billion Coverage Dispute Over NotPetya Cyberattack Places Renewed Spotlight on War Exclusions in 2024

McGuireWoods LLP on 1/9/2024

Last week, Merck & Co. filed documents with the Supreme Court of New Jersey indicating that it reached a settlement with its “all risk” property insurers in a long-running coverage dispute involving over $1.4 billion in...more

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

Lowenstein Sandler LLP on 10/24/2023

On this episode of Don't Take No for An Answer, host, Lynda A. Bennett, Partner and Chair of Lowenstein’s Insurance Recovery Group, is joined by David Anderson, Vice President, Cyber Liability at Woodruff Sawyer, and Heather...more

London’s Nation-State Attack Exclusion: Game Changer For The Cyber Insurance Market or An Opportunity For Competition Within the...

Lowenstein Sandler LLP on 10/13/2022

Lloyd’s of London’s new requirement that all insurers issuing standalone cyber coverage exclude liability for any state backed cyber-attacks could present a systemic risk to the insurance market, raising questions of coverage...more

Federal Court Rules “Unauthorized Network Access Exclusion” Precludes Coverage for $1.3M Payment From Hacker’s Fraudulent Email

Carlton Fields on 7/18/2022

The U.S. District Court for the Eastern District of Pennsylvania ruled that an insurance policy issued by Federal Insurance Co. excluded coverage for the transmission of $1.3 million by the insured in response to an email...more

Cyber Insurance Policies May Not Cover Phishing Attack Funds Diversion

Bilzin Sumberg on 5/24/2022

The Eleventh Circuit Court of Appeals is considering an appeal from the United States District Court for the Middle District of Florida , in which the District Court ruled that a cyber insurance policy did not cover diversion...more

Rates Continue to Decelerate in Many Areas: Q1 2022 Commercial Market Update

Woodruff Sawyer on 5/17/2022

Market stabilization is the theme as we closed the first quarter of 2022. We monitored the first quarter earnings releases of commercial insurers carefully to detect trends. All the top commercial lines insurers reported rate...more

An Alaska Court Goes Fishing for Insurance, Hooking Another Policyholder Win in a Phishing Scam Case

Miller Nash LLP on 5/13/2022

As an update to our March 8, 2022 blog post discussing coverage for phishing scams in the context of Ernst & Haas Mgt. Co. v. Hiscox, Inc., 23 F.4th 1195 (9th Cir. 2022), a new Alaska case relied on Ernst & Haas to find...more

HUB Talks: OnRisk: The Russia-Ukraine Conflict and Insurance for State-Sponsored Cyberattacks

K&L Gates LLP on 4/19/2022

In this episode, partners Jeff Meagher and Lucas Tanglen, along with associate Reymond Yammine, discuss the Russia-Ukraine conflict and insurance for state-sponsored cyberattacks, including lessons learned from the NotPetya...more

Merck and International Indemnity v ACE (et al.): war exclusion clauses in an age of cyber warfare

Eversheds Sutherland (US) LLP on 3/16/2022

Companies should be aware that, as a result of increasing geopolitical instability, there is a heightened risk of cyber-attacks. Particularly in light of the Merck case, they should therefore consider closely examining the...more

The War Exclusion in a Time of War

Farella Braun + Martel LLP on 3/15/2022

The “war” exclusion has gotten more attention over the past couple of weeks in light of Russia’s invasion of Ukraine. For good reason. This exclusion, common in property and liability policies alike, typically eliminates...more

Update: Ukraine Conflict Has Implications for Cyberinsurance Policies, Including War Exclusions

Morgan Lewis on 3/8/2022

The conflict in Ukraine has raised significant cybersecurity concerns for businesses in the United States and across the world, resulting in an increased focus on using cyberinsurance to mitigate any resulting losses. The...more

Cyberside Chats: There is a war in Europe. What does that mean for your cyber insurance policy?

Epiq on 3/7/2022

Jerich Beason & Whitney McCollum speak on this Cyberside Chat to discuss the recent Merck & Co. cyber insurance win and how this impacts future wars fought with cyber weapons such as the conflict in Ukraine. This case sets a...more

Reach Of Ohio Ransomware Ruling Limited To Policy At Hand

Zelle LLP on 1/20/2022

We are still in the relatively early stages of jurisprudence addressing the insurability of loss stemming from data breaches. Compared to the more developed body of case law interpreting coverage provisions and exclusions...more

Four New Cyber War Exclusions from Lloyd’s Market Association

Bradley Arant Boult Cummings LLP on 1/10/2022

The Lloyd’s Market Association (the “LMA”) recently released four model clauses to exclude coverage for “war” from cyber insurance policies. The exclusions align with the requirement that all insurance policies written at...more

No E&O Coverage for Title Agent's Phishing Losses

Hinshaw & Culbertson - Insights for Insurers on 12/7/2020

A New Jersey federal district court recently ruled that there was no coverage under a title agent's errors and omissions policy for losses resulting from an email phishing scam. In Authentic Title Services, Inc. v. Greenwich...more

Beyond Data Breach: Evaluating Coverage for Misuse of Information Claims

Hinshaw & Culbertson - Insights for Insurers on 7/11/2020

New and comprehensive privacy and cyber regulations continue to proliferate across the globe. These are not your father’s data breach notification laws. The scope of information included within these mandates has expanded...more

Privacy & Cybersecurity Update - May 2020

Skadden, Arps, Slate, Meagher & Flom LLP on 6/1/2020

In this month's edition of our Privacy & Cybersecurity Update, we examine the Seventh Circuit's ruling finding standing for an Illinois Biometric Information Privacy Act claim, the European Data Protection Board's updated...more

Coverage for Phishing Loss Precluded by Voluntary Parting Exclusion; Forgery Coverage Not Triggered

Hinshaw & Culbertson LLP on 2/27/2020

An insurer recently secured a ruling that it had no obligation to cover a loss incurred as a result of an email phishing scam. In Midlothian Enterprises, Inc. v. Owners Insurance Company, No. 3:19-cv-51 (E.D. Va. Feb. 20,...more

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Cybersecurity › Policy Exclusions

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