News & Analysis as of

Cyber Insurance Policy Exclusions Commercial General Liability Policies

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 - 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

Neal, Gerber & Eisenberg LLP

NGE On Demand: Insurance and Indemnity Issues for Family Offices with Angela Elbert

NGE Insurance Policyholder partner Angela Elbert presents an overview for family office clients addressing the unique range of personal, commercial, financial and investment risks they face. If you have any questions,...more

Goodwin

Insurance Considerations in Light of COVID-19

Goodwin on

In the recent weeks our risk management team has identified a number of insurance-related issues relevant to clients dealing with the outbreak of the disease caused by the novel coronavirus, known as COVID-19, that we felt...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

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

Pillsbury - Policyholder Pulse blog

Speaking the Language: Evaluating Insurance Coverage in Latin America

Latin America continues to be a prime market for business development and expansion; however, insurance coverage for businesses based in or doing business in the region sometimes lags behind what is necessary to sufficiently...more

Poyner Spruill LLP

The Art of (Cyber) War, Or How A Little Known Policy Exclusion Can Nullify Your Insurance Coverage

Poyner Spruill LLP on

In June 2017, the NotPetya virus crippled many large companies including Merck and Mondelez (the manufacturer of Nabisco, Cadbury, and Toblerone). The aggregated losses, including property damage, operational disruptions, and...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

White and Williams LLP

Does the Fifth Circuit’s Decision in Spec’s Suggest a Breach for Cyber Coverage Into Other Insurance?

Despite the existence of cybersecurity insurance, companies still seek coverage for cyber liability under various types of other insurance. Carriers, in turn, rely upon broad exclusions to limit coverage for risks never...more

Jones Day

No More Tears: Insurance Coverage For The "WannaCry" Ransomware Attack

Jones Day on

This month's WannaCry "ransomware" attack—the first truly global incident of its kind—is believed to have affected at least 300,000 computers in over 150 countries, claiming among its victims many large corporations and...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

Dentons

Hacked and Left Holding the Bag - Cyber Liability Issues

Dentons on

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

K&L Gates LLP

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

K&L Gates LLP on

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

JAMS

Responding to a Security Breach: Insurance

JAMS on

It is an otherwise normal day until you, the General Counsel, receive a call from the CIO: “We have a cyber-security breach. We’ve identified some unusual activity and it appears that data has been sent out through unknown...more

Butler Snow LLP

Data Security Breaches: Are you covered?

Butler Snow LLP on

Data security breaches can have a significant impact a company’s bottom line. While larger corporations may be able to sustain the financial hit, small to mid-size corporations can be significantly impacted from the financial...more

King & Spalding

Mind The Gaps: Path To Privacy And Cyber Related Insurance Coverage Remains Uncertain

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As lawsuits against companies for breach of privacy-related laws and cyber security failures continue to rise, the only thing that is certain is that it is uncertain just how much coverage is out there under commercial...more

K&L Gates LLP

Five Tips for Success in Cyber Insurance Litigation

K&L Gates LLP on

Many insurance coverage disputes can be, should be, and are settled without the need for litigation and its attendant costs and distractions. However, some disputes cannot be settled, and organizations are compelled to resort...more

K&L Gates LLP

The Devil in the “Cyber” Insurance Details

K&L Gates LLP on

There’s a tempest amidst the recent spring shower of “cyber” insurance cases. It isn’t the Recall Total case reported the week before last, or the Travelers v. Federal Recovery Services case reported the week before. While...more

Cozen O'Connor

Data Breach Liability Exclusion – It’s Not Your Father’s CGL

Cozen O'Connor on

No business is immune to data breach. Digital data in particular can be lost in innumerable ways, causing serious business interruptions and consumer injuries. After falling victim to a hack, virus, or cyber theft, companies...more

Orrick, Herrington & Sutcliffe LLP

Policyholder Observer

Encryption Flaw "Heartbleed" Creates Data Risk: How Insurance Can Stanch the Bleeding - In early April, news broke of an encryption flaw named “Heartbleed” that exposed companies to data breaches for over two and one...more

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