News & Analysis as of

Data Breach Policy Exclusions

Perkins Coie

Seventh Circuit Ruling on Insurance Coverage for Biometric Privacy Class Actions Strays From Trend Protecting Policyholders

Perkins Coie on

In light of the continuing barrage of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), companies should be able to rely on their general liability (GL) insurers to defend and indemnify them from...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

Lowenstein Sandler LLP

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

Lowenstein Sandler LLP on

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

Rivkin Radler LLP

Insurance Update - September 2023

Rivkin Radler LLP on

We touch upon several topics in our September Insurance Update. We begin with two federal circuit court rulings on late notice – one involving a claims-made policy and the other an occurrence policy. In these cases, the...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

Hinshaw & Culbertson - Privacy, Cyber & AI...

Ohio Supreme Court Rules No Coverage For Ransomware Attack Under BOP Policy Because Computer Software Sustained No Direct Physical...

The Ohio Supreme Court waited until the last week of the year to issue what may be the most important silent coverage decision of 2022. Direct physical injury is a fundamental requirement of first-party property policies. The...more

Bilzin Sumberg

Cyber Insurance Policies May Not Cover Phishing Attack Funds Diversion

Bilzin Sumberg on

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

K&L Gates LLP

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

K&L Gates LLP on

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

Morgan Lewis

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

Morgan Lewis on

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

Zelle  LLP

Reach Of Ohio Ransomware Ruling Limited To Policy At Hand

Zelle LLP on

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

Farrell Fritz, P.C.

COVID coverage for business losses? “No,” says the first New York court to address the issue of whether a business interruption...

Farrell Fritz, P.C. on

COVID-19 continues to generate litigation in a variety of contexts in the Commercial Division.  Only two weeks ago did our colleague Madeline Greenblatt author a blog about COVID-19 not excusing commercial rental obligations....more

Hinshaw & Culbertson - Insights for Insurers

Beyond Data Breach: Evaluating Coverage for Misuse of Information Claims

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

Farella Braun + Martel LLP

Time to Check Your Cyber Insurance

Now that the CCPA is in effect, some companies will need to revise their policies. The cyber insurance markets are beginning to adapt to the new California Consumer Privacy Act (CCPA) which went into effect on January 1. ...more

Pillsbury - Policyholder Pulse blog

Cyber Coverage by any Other Name Can Smell as Sweet. Maryland Court Rules Traditional Property Policy Covers Loss of Data and...

Cyberattacks are an increasingly frequent and costly risk faced by almost every business today. While the availability and scope of cyber-specific insurance has developed exponentially over the past few years, it is important...more

Woods Rogers

Cyber Liability Insurance For Small To Medium Size Businesses – Are You Covered?

Woods Rogers on

Today, it seems hardly a month passes without a report of another business falling victim to a data breach. Over the past few years, some of the largest and well-known companies such as Equifax, Target, Home Depot, TJ Maxx,...more

Butler Snow LLP

Failure to prevent a data breach is not likely to be covered by a traditional CGL insurance policy.

Butler Snow LLP on

In this high tech era we live in, creating, storing and using data is commonplace. The sheer quantity and scope of data has made protecting that data of paramount importance. Yet, every day we hear about another data...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - January 2019

In this month's edition, we examine cybersecurity-related state Supreme Court rulings in Pennsylvania, Vermont and Illinois; the Department of Health and Human Services' cybersecurity guidelines for the health care industry;...more

K&L Gates LLP

OnRisk: Insurance for Cyber Risk in M&A Transactions - A HUB Talks Podcast

K&L Gates LLP on

Cyber due diligence is quickly becoming the “new normal” for buyers in M&A transactions as they seek to protect themselves against cyber risk. Cyber due diligence, however, is only part of the solution. Many sophisticated...more

Lowndes

Don’t Expect Commercial General Liability Insurance Policies to Protect Against Cyber Breach or Crime

Lowndes on

Almost a year after Middle District Judge Mary Scriven’s instructive decision in Innovak Int’l, Inc. v. Hanover Ins. Co. in which she declined to hold that a traditional commercial general liability (CGL) policy, as drafted,...more

Steptoe & Johnson PLLC

First Look - Summer 2018: Insurance Newsletter

Steptoe & Johnson PLLC on

Your company’s computer system has been compromised by a hacker. From your initial investigation, you discover that the hacker has accessed proprietary company information and customer information including Social Security...more

K&L Gates LLP

OnRisk: Biometric Insurance

K&L Gates LLP on

Issues of digital privacy are multi-faceted and extend far beyond the now-routine data breaches that make headlines. The digital collection, use, and storage of biometric information (fingerprints, retinal or iris scans,...more

Alston & Bird

Class Action Roundup: Summer 2017

Alston & Bird on

Welcome to our second Roundup of 2017, where we feature the cases litigated and settlements finalized during the second calendar quarter of the year. It was a very active quarter in almost all of the categories we monitor,...more

Fisher Phillips

Cyber Insurance: Get What You Pay For              

Fisher Phillips on

Due to the increasing number of successful and attempted cyber-attacks and increased government scrutiny surrounding protection of confidential information, companies cannot ignore the various risks associated with potential...more

Bradley Arant Boult Cummings LLP

A Close Look at Policy Wording Is Essential to Ensure Coverage for Cyber Risks

As the demand for insurance coverage for cyber-related losses continues to grow, more insurance companies are offering cyber insurance policies and endorsements, but the market is far from mature and the available policies...more

Jackson Walker

Fourth Circuit Affirms CGL Coverage of Cyber Incident

Jackson Walker on

In a recent, unpublished opinion, the Fourth Circuit held that an insurer had a duty to defend its insured under a CGL policy for a cyber incident. A class action complaint was filed against Portal Healthcare Solutions...more

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