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In a win for Wiley’s client, the United States District Court for the Eastern District of Arkansas, applying Arkansas law, has held that a cyber policy’s business interruption coverage should not result in a windfall for an...more
Where companies are victimized by ransomware or email scams, their losses arise from payments made by an officer or employee of the company. In the case of ransomware, a company’s files are held hostage pending payment...more
In EMOI Services LLC v. Owners Insurance Co., No. 2021-1529 (Ohio Dec. 27, 2022), the Ohio Supreme Court found that there was no coverage for a ransomware attack because there was no direct physical loss as required under the...more
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
The war exclusion has received a lot of attention over the past year, particularly since Russia invaded Ukraine in February. Policyholders’ concern that insurers will assert the exclusion as a basis to deny coverage is...more
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
Ransomware attacks continue to challenge U.S. companies, with cybercriminals now routinely extorting companies for multimillion-dollar payouts. A company that experiences an attack will likely seek coverage under its cyber...more
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
Along with seeking to analogize COVID-19 physical loss or damage to that in the fumes or contaminants context, policyholders are now also attempting to rely on cases discussing the bounds of physical loss or damage in the...more
Ransomware attacks were already on the rise prior to the COVID-19 pandemic, but the prevalence of such cyberattacks substantially increased during the pandemic due, in part, to additional security risks associated with the...more
Cyber insurance policies are typically a company’s first line of defense following a cybersecurity event, but a recent decision from a federal court in Maryland illustrates why businesses should always look for cyber coverage...more
With unprecedented activity online, cybercrime is growing in frequency, sophistication and aggregate effect. Despite the increased visibility of cybercrime, cybersecurity continues to lag behind this curve. Cybercriminals...more
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