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Cybersecurity Commercial Insurance Policies

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +
Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now.   less -
Carlton Fields

Square Peg, Round Hole: 6th Circuit Affirms Finding That Cyber Claims Are Not Covered by CGL Policies

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In Home Depot Inc. v. Steadfast Insurance Co., Home Depot learned the hard way a rule every DIY enthusiast knows: measure twice, cut once. It appears Home Depot’s measurements were off when it sized up its insurance needs,...more

Rivkin Radler LLP

February 2025 Insurance Update

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The 2014 Home Depot data breach was one of the more notorious cyberattacks. A decade later, litigation over that incident continues. The Sixth Circuit recently decided whether an electronic data exclusion cleared insurers...more

Woodruff Sawyer

Does Cyber Insurance Pay Out?

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Over the last decade, one of the most common gripes I’ve heard about cyber insurance is that policies “don’t pay out.” Cyber coverage is often perceived as being illusory and riddled with “gotcha” clauses. This isn’t the...more

Fox Rothschild LLP

AI Talk With Juliana Neelbauer - Episode Two - Cybersecurity Insurance: The New Frontier of Risk Management

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Is your cyber insurance policy sufficient to protect your company? As criminals leverage AI and other emerging technologies to exploit vulnerabilities in cybersecurity defenses, it’s critical to assess your company’s...more

Jones Day

Anticipating Artificial Insurer Defenses: Maximizing Insurance Coverage for AI Exposures

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The Situation: The global market for artificial intelligence ("AI") technologies is projected to surpass $1 trillion by 2030....more

Lowenstein Sandler LLP

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

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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

BCLP

RWI Market Turning to Unlikely Industries for New Deals: Health Care RWI Terms & Conditions Improving

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Representations and Warranties Insurance (RWI) has increasingly become a tool employed by both Buyers and Sellers to shift away from the traditional indemnification model of escrows or other mechanisms that could tie up...more

Robinson+Cole Construction Law Zone

Cyber Insurance for the Construction Industry

Cyber-crime is an increasingly prominent threat to many industries, and construction is no exception. With the growing use of digital technologies in what was once a primarily “offline” industry, cyber-attacks can pose a...more

Eversheds Sutherland (US) LLP

Cyber risk strategy: State-backed cyber attacks and trends in cyber policies and risk management

Lloyds Market Bulletin Y5381 - Back in March 2022, we detailed the significant risks to both insureds and insurers posed by unclear cyber insurance policy wordings, with a particular focus on war exclusion clauses in the...more

Ervin Cohen & Jessup LLP

Email Scam Losses May Find Recourse Via Cyber Or Business Interruption Coverage

Losses arising from email scams are usually covered, if at all, under a company’s crime policy. But a recent decision from The District Court in Minnesota suggests that recourse may also be found under an insured’s cyber or...more

McGuireWoods LLP

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

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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

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

Woodruff Sawyer

Rates Continue to Decelerate in Many Areas: Q1 2022 Commercial Market Update

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Market stabilization is the theme as we closed the first quarter of 2022. We monitored the first quarter earnings releases of commercial insurers carefully to detect trends. All the top commercial lines insurers reported rate...more

Eversheds Sutherland (US) LLP

Merck and International Indemnity v ACE (et al.): war exclusion clauses in an age of cyber warfare

Companies should be aware that, as a result of increasing geopolitical instability, there is a heightened risk of cyber-attacks. Particularly in light of the Merck case, they should therefore consider closely examining the...more

Miller Nash LLP

The Ninth Circuit Hooks a California Policyholder Win Under a Commercial Crime Policy in a Phishing Scam Case

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The Ninth Circuit Court of Appeals delivered a policyholder insurance coverage win in a phishing case centered in Long Beach, California (home of our California office), in Ernst & Haas Mgt. Co. v. Hiscox, Inc., 23 F.4th 1195...more

Woodruff Sawyer

Looking Ahead to 2022 Cyber Insurance Expectations For The Coming Year

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1.0 CYBER MARKET UPDATE - 1.1 US Market Update - To call 2021 anything other than a sea change in the cyber insurance world would be an understatement. Indeed, nearly all cyber insurance renewals saw increases in...more

Woodruff Sawyer

Captive Insurance as a Solution for the Tough Cyber Market

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The cyber insurance landscape has never been more challenging for corporate insurance buyers. Increased retentions, huge premium increases, and narrowed coverage terms all have corporations searching for alternative solutions...more

Bilzin Sumberg

Cyber Insurance Carriers, Increasingly Targeted by Hackers, Impose New Coverage Conditions

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Insurers that offer coverage for cyberattacks find themselves playing both offense and defense lately. As they await possible action by Congress to enact federal cybersecurity legislation, the insurance industry has gone on...more

Akerman LLP

The New NYDFS Cyber Insurance Risk Framework – Required Reading for Insurers and Insureds

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The New York Department of Financial Services ("NYDFS") recently released its Cyber Insurance Risk Framework (the “Framework”), which provides best practices for managing cyber insurance risk....more

Epstein Becker & Green

Cyber Coverage in the Age of COVID-19 Need Not Result in Pandemonium

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While businesses and their employees continue to operate in the “new frontier” of working-from-home during the COVID-19 pandemic and the gradual reopening of the economy, a serious risk continues to present itself: the threat...more

Proskauer Rose LLP

Cyber Insurance Needs in the Pandemic Landscape

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While most of society struggles to flatten the curve, treat the sick and restart the economy, regrettably, some bad actors have used the COVID-19 emergency as an opportunity to exploit vulnerabilities for personal gain. One...more

Carlton Fields

Ransomware Attack Replacement Costs Are Covered “Direct Physical Loss or Damage” Under Standard Business Owner’s Policy, According...

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A Maryland federal court recently weighed in on the still-murky world of insurance coverage for cybersecurity losses, finding replacement costs necessitated by a ransomware attack were “direct physical loss or damage” to a...more

K&L Gates LLP

Maryland Federal Court Confirms Coverage for Ransomware Damage Under Property Insurance Policy

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In the latest example of a court confirming that traditional business insurance policies can cover losses from cyber-attacks, the federal district court in Maryland ruled recently that a property insurer was obligated to...more

Butler Snow LLP

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

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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

Williams Mullen

Due Diligence of Corporate Data Assets In M&A Transactions: Data Protection/Privacy

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As data are quickly becoming significant corporate assets, lawyers need to help companies both maximize the value of their data and protect the business against any associated risks. This is particularly true in M&A...more

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