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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

Wiley Rein LLP

No Duty to Defend BIPA Lawsuit Given Absence of Data Breach or Security Failure

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The Appellate Court of Illinois, First District, applying Illinois law, has held that a cyber policy did not afford coverage for an underlying lawsuit alleging violations of the Biometric Information Privacy Act (BIPA)...more

Zelle LLP

Fifth Circuit Holding Addresses Scope of BI Coverage Under Cyber Policy

Zelle LLP on

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

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

K&L Gates LLP

After Important Cyber Insurance Victory for Policyholders, Focus Turns to Insurers' Proposed Changes to War Exclusions

K&L Gates LLP on

A recent appellate court decision could help policyholders secure insurance coverage for losses arising out of state-sponsored cyberattacks. In Merck & Co., Inc. v. ACE American Ins. Co., the Superior Court of New Jersey...more

Carlton Fields

Ohio Supreme Court Finds Insured’s Ransomware Payment Not Covered Under Business Owners Policy

Carlton Fields on

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

Farella Braun + Martel LLP

Caught in the Crossfire — How will the war exclusion affect commercial policyholders?

Farella Braun + Martel LLP on

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

Hinshaw & Culbertson - Insights for Insurers

Part Seven: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

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This is the seventh and final installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. Some key decisions impacting the D&O and securities law...more

Farella Braun + Martel LLP

The War Exclusion in a Time of War

Farella Braun + Martel LLP on

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

Epiq

Cyberside Chats: There is a war in Europe. What does that mean for your cyber insurance policy?

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Jerich Beason & Whitney McCollum speak on this Cyberside Chat to discuss the recent Merck & Co. cyber insurance win and how this impacts future wars fought with cyber weapons such as the conflict in Ukraine. This case sets a...more

Lowenstein Sandler LLP

Subrogation Actions Following Ransomware Claims: What Policyholders Should Expect in the Ever-Changing Cyber Insurance Market

Lowenstein Sandler LLP on

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

Zelle LLP

Reach Of Ohio Ransomware Ruling Limited To Policy At Hand

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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

Zelle LLP

COVID Rulings May Support Ransomware Insurance Denials

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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

Hinshaw & Culbertson LLP

Insurers Take Steps to Reduce Silent Cyber Exposure

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As cyber risks continue to proliferate, issues concerning coverage for those exposures under non-cyber or "traditional" property and casualty policies are creating uncertainty for both the insurance industry and for...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...

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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

Farella Braun + Martel LLP

Another Federal Circuit Finds Phishing Loss Covered Under Crime Policy

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Companies of all sizes have fallen victim to attacks whereby fraudsters will use deceptive communications, such as spoofed emails, to trick an employee into transferring money into the fraudsters’ control. While these...more

Poyner Spruill LLP

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

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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

Carlton Fields

CGL Policies And Data Breaches: No Publication, No Coverage

Carlton Fields on

As cyber hacking and phishing schemes become more common, one issue that is often raised is whether, and to what extent, damages resulting from these incidents fall within the coverage afforded under a standard commercial...more

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