News & Analysis as of

Data Breach Insurance Claims

Zelle  LLP

N.M. Cyber Ruling Will Spur Litigation As Coverage Remedy

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A June 16 appellate decision involving the construction of a cyberinsurance policy demonstrates a concerning lack of judicial understanding about the nature and scope of cyber liability coverage and implicitly incentivizes...more

Wiley Rein LLP

For the Record: Cyber Coverage “For” a Security Breach is Ambiguous under New Mexico Law

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The New Mexico Court of Appeals has held that cyber policy language affording coverage “for” a security breach was ambiguous and must be construed broadly to provide coverage for a breach of contract claim “because of,”...more

Ward and Smith, P.A.

Cyber Liability Insurance: Is It Worth It?

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In connection with the increase in the number of incidents and attacks, the scope and impact of the incidents and attacks are also growing. With the rise in frequency and impact of cybersecurity incidents and cybercrimes,...more

A&O Shearman

Insuring data breach liabilities – how different policies can stack up and the problem of late notification

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An English Court has recently decided that three insurance policies covering the same loss – data breach settlements arising from an incorrectly addressed email – provided a combined, cumulative limit of indemnity. While the...more

Integreon

Cybersecurity, Wire Fraud, and Attorney Liability: The Growing Risk Landscape

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Wire transfer fraud is on the rise, and attorneys are increasingly becoming prime targets for cybercriminals. With billions lost annually to fraudulent transactions, legal professionals who fail to implement robust...more

Woodruff Sawyer

Cyber 101: Understand the Basics of Cyber Liability Insurance

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Cyber risk has grown demonstrably in frequency and severity in the past 10 years—and, in tandem, the cyber insurance policy has grown in breadth and complexity. This past year, a record number of organizations fell victim to...more

Zelle  LLP

Home Depot Ruling Tolls Death Knell For 'Silent Cyber'

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A Jan. 13 decision out of the U.S. Court of Appeals for the Sixth Circuit is one more nail in the coffin of "silent cyber." In Home Depot Inc. v. Steadfast Insurance Co., the federal appellate court agreed with the lower...more

Zelle  LLP

Further Clarity Regarding Coverage for Funds Transfer Fraud

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At this point, your IT department has almost certainly warned you to approach your e-mail inbox with skepticism--for good reason. Cybercriminals regularly and effectively impersonate our legitimate contacts for illegitimate...more

Morris, Manning & Martin, LLP

Insured Files Lawsuit Over Coverage for Disclosure of Private Health Information

An insured who purchased insurance specifically for privacy injury liability was recently forced to sue its insurer after it denied coverage. The insured allegedly “installed web beacons and cookies on its platforms so that...more

Troutman Pepper Locke

When to Notify Your Cyber Carrier of a Security Incident - Dear Mary – Incidents + Investigations Cybersecurity Advice Column

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Our company experienced a cybersecurity incident. It seemed pretty minor — just a few suspicious emails and an employee’s account being locked. To my dismay, we’re now hearing from our IT team that the issue is more serious....more

Carlton Fields

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

Carlton Fields on

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

Zelle  LLP

Employee Theft of Electronic Data Is Not Direct Physical Damage to or Direct Physical Loss of Business Personal Property

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In Site Jab v. Hiscox Insurance Company, Inc., United States District Judge Lee H. Rosenthal recently tackled whether a business owner’s insurance policy provided coverage for theft of information, including confidential...more

Goodwin

Tips for Maximizing Your Cyber Insurance Program

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A strong cyber insurance program is a critical risk management tool for companies, regardless of size or industry focus. When properly crafted, cyber insurance should protect a company against the costs of investigating cyber...more

Miller Nash LLP

Enterprise Liability Insurer Has Duty to Defend Against a Vendor’s Claim, Even When Presented as an Invoice for “Usage Fees”

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In a win for policyholders, a federal court in Washington recently held that an insurer had a duty to defend a technology company against a vendor’s demand for damages it allegedly suffered when hackers accessed software...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

J.S. Held

[Webinar] The Healthcare Scare of Ransomware: Business Interruption - January 22nd, 10:00 am - 11:00 am CT

J.S. Held on

Cyberattacks and technology disruptions in healthcare don’t just cost organizations financially — they can threaten patient safety and put organizational reputations at risk. How ready is your organization for a potential...more

Paul Hastings LLP

Paul Hastings Hosts Panel on Cybersecurity Insurance Trends and Insights

Paul Hastings LLP on

On May 8, 2024, Paul Hastings hosted the Cybersecurity Law Workshop at this spring’s Privacy + Security Forum featuring a panel on cybersecurity insurance trends and insights. The panel was moderated by Paul Hastings’ David...more

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

Esquire Deposition Solutions, LLC

Stemming Losses That Go Uncovered by Cyber Insurance

Twenty years ago the federal government designated October as Cybersecurity Awareness Month, part of an early effort to promote a wider appreciation of computer-related threats to business and government operations and to...more

Rivkin Radler LLP

Insurance Update - September 2023

Rivkin Radler LLP on

We touch upon several topics in our September Insurance Update. We begin with two federal circuit court rulings on late notice – one involving a claims-made policy and the other an occurrence policy. In these cases, the...more

Robinson+Cole Data Privacy + Security Insider

Insurer Denies Coverage Under Professional Liability Policy for Lawyer’s Email Compromise

Insurance coverage for cyberattacks can be tricky for anyone to navigate, including lawyers. To illustrate this point, a case in New Jersey caught my eye that I thought would be an interesting read for our followers who are...more

Kohrman Jackson & Krantz LLP

Coverage Challenges in Ransomware Claims: Cyber Insurance Policies and Trends in Denials

A consistent pattern emerges in data breach and cyber-attack cases when companies turn to their insurers for coverage after such incidents. Whether they possess specialized cyber insurance or not, insurers often decline...more

Lowenstein Sandler LLP

Cracking the Code: Getting the Most Out of Your Cyber Insurance Policy

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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

Jones Day

Four Ways to Protect Your Cyber Insurance in Today’s Challenging Market

Jones Day on

In Short: The Situation: The cyber insurance market is experiencing a major retrenchment, with insurers seeking to limit their exposure in a variety of ways....more

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