Insurance Litigation, Cybersecurity, Corporate Counsel

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

Carlton Fields on 2/24/2025

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

Court Rejects Coverage for Phishing Loss Under Financial Institutions Bond, Calls for More Briefing on Computer Systems Fraud...

Hinshaw & Culbertson LLP on 2/18/2020

A New Jersey federal district court held last week that losses arising out of a phishing scam were not covered under a bank's Financial Institutions Bond. In Crown Bank JJR Holding Co. v. Great Am. Ins. Co., 2020 U.S. Dist....more

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

K&L Gates LLP on 2/12/2020

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

Insurers Take Steps to Reduce Silent Cyber Exposure

Hinshaw & Culbertson LLP on 2/11/2020

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

Another Federal Circuit Finds Phishing Loss Covered Under Crime Policy

Farella Braun + Martel LLP on 2/4/2020

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

Cybersecurity—Loss Due to Social Engineering Attack Covered Under Insurance Policy

Bennett Jones LLP on 8/6/2018

As the number and sophistication of social engineering attacks increases, victims are examining their insurance policies to see if they are covered. In The Brick Warehouse LP v. Chubb Insurance Company of Canada, 2017 ABQB...more

Second Circuit Holds Phishing Email Using PHP Script is Covered “Computer Fraud”

White and Williams LLP on 7/9/2018

Scams from business compromise emails (BECs) have been labeled by the FBI as a “$5 billion” problem. Sometimes known as “CEO Fraud,” BECs are where an email, purportedly coming from a high-ranking company official or vendor,...more

Eleventh Circuit Rules There Is No Coverage under Crime Policy’s Computer Fraud Component

Pillsbury - Policyholder Pulse blog on 5/22/2018

Remember the “good” ol’ days when the run-of-the-mill theft involved someone physically taking something tangible? That is so 20th century. Now, thieves and fraudsters are able to use computers and the internet to carry out...more

CGL Policies And Data Breaches: No Publication, No Coverage

Carlton Fields on 12/22/2017

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

District Courts Buck Trend on Fidelity Coverage for Social Engineering and Business Email Compromise Schemes

Carlton Fields on 8/15/2017

The FBI continues to warn that losses are on the rise from business email compromise (BEC) or “social engineering” schemes, which the Bureau describes as: Carried out by transnational criminal organizations that employ...more

Another Cyber Coverage Gap? Some Carriers Resisting Coverage Of Commercial Cyber Fraud

King & Spalding on 2/29/2016

In the fast-developing world of cyber threats and corresponding cyber coverage, at least two insurance carriers are pushing back against covering losses arising out the transfer of funds to cyber fraudsters after employees...more

“Everything Old is New Again” – Issues in Recent Cyber Insurance Litigation

Troutman Pepper Locke on 7/29/2015

Early days still for coverage litigation about cyber risks – whether under cyber insurance policies or other types of policies. This is not surprising given the relatively short history of cyber risks and even shorter history...more

Insurance Litigation › Cybersecurity › Corporate Counsel

"My best business intelligence, in one easy email…"