A new Sixth Circuit decision may signal an emerging trend on whether insurers must cover claims made by policyholders who fall victim to phishing scams....more
If you read any newspaper, trade publication or twitter feed, you know that ongoing concerns regarding cyber security continue to grow. We have seen an article in the New York Times discussing hacking of major law firms with...more
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
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
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
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
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
It’s a familiar pattern. First, new risks inspire legislation and regulations that impose new penalties. Next, insurers and policyholders fight over whether the new liabilities are covered under traditional liability...more
In the last month, both a federal and state court denied coverage for claims relating to an insured’s handling of electronic data. In the first case, a federal court held that there was no coverage under a cyber insurance...more
On May 11, 2015, in a case that is being widely celebrated as one of the first coverage rulings involving a “cyber” insurance policy, a federal court ruled that Travelers has no duty to defend its insured in Travelers...more