News & Analysis as of

Insurance Industry Cybersecurity 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

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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

Faegre Drinker Biddle & Reath LLP

Open Insurance: Key Issues to Watch in 2024

Open insurance is a trend gaining traction throughout the global insurance industry. Similar to open banking, it involves the industry moving to a connected data ecosystem powered by open application programming interfaces...more

Zelle  LLP

Fifth Circuit Holding Addresses Scope of BI Coverage Under Cyber Policy

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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

Lowenstein Sandler LLP

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

Lowenstein Sandler LLP on

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

Woodruff Sawyer

[Webinar] D&O Insurance Trends Looking Ahead to 2024 - September 26th, 10:00 am - 11:00 am PT

Woodruff Sawyer on

The softening D&O market has continued into 2023, with 91% of our clients experiencing a cost reduction in their renewal in the first half of the year. Self-insured retentions have also continued to fall. The soft market is a...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

McGuireWoods LLP

Ohio Supreme Court Holds that Insurance Policy Does Not Cover Ransomware Attack on Software

McGuireWoods LLP on

In a unanimous decision, the Ohio Supreme Court found that appellee EMOI Services, LLC’s (“EMOI”) businessowners insurance policy does not cover losses resulting from a ransomware attack on EMOI’s computer software systems....more

Zelle  LLP

How Ohio Software Ruling Implicates Crypto Insurance Claims

Zelle LLP on

In the last week of December 2022, the Ohio Supreme Court published a much-anticipated decision in the EMOI Services LLC v. Owners Insurance Co. case. The decision was bold, and the court made no attempt to limit its holding...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

Carlton Fields

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

Carlton Fields on

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

Akerman LLP - Health Law Rx

Healthcare Cyber Insurance? Fortify Your Defenses

Healthcare breaches, including ransomware attacks, continue to increase. As a result, many healthcare organizations seeking cyber coverage to help defray the costs associated with a ransomware attack or other data incident...more

Steptoe & Johnson PLLC

First Look - Summer 2022: Insurance Newsletter

Change is a constant in the world today. This is particularly true of the past two tumultuous years, which saw a worldwide pandemic that impacted nearly every aspect of everyday life. Rapidly advancing technology and...more

Farella Braun + Martel LLP

Continuing Use of CGL Policies to Cover Data Breach Losses

Our lives and the products and devices we use become more dependent on data by the day. As a result, cyberattacks and data breaches present everchanging risks to companies and individuals, and the importance of applicable...more

Lowenstein Sandler LLP

The Downstream Impact of Ransomware on Cyber Insurance Underwriting – Part 1

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Host Lynda A. Bennett is joined by Robert DiRico, National Cyber Liability Practice Leader at ARC Excess & Surplus, LLC, and Shiraz Saeed, Vice President and Cyber Risk Product Leader at Arch Insurance Group, for a deep dive...more

Kennedys

An in-depth look at the Target decision finding that loss-of-use damages included costs of replacing payment cards compromised in...

Kennedys on

On March 22, 2022, the United States District Court for the District of Minnesota ruled that two ACE insurers were obligated to indemnify Target Corporation (“Target”) for the amounts it paid to settle claims related to...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

Miller Nash LLP

[Webinar] Panic! at the Firewall: Cyber Incident Response and the Role of Insurance - May 17th, 9:00 am - 10:30 am PDT

Miller Nash LLP on

Cyber incidents are increasing in frequency and severity across all businesses and industries. As the saying goes, it’s not a matter of IF but WHEN an incident will occur. In this webinar we will explore ways that you can...more

Lowenstein Sandler LLP

Cyber Insurance Changes in the Aftermath of Log4j

In this episode of Lowenstein’s Cybersecurity Awareness series, Ken Fishkin, Lowenstein’s Manager of Information Security, speaks with Lynda A. Bennett, Chair of the firm’s Insurance Recovery Group, about the impact of...more

Farella Braun + Martel LLP

The War Exclusion in a Time of War

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

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