News & Analysis as of

Liability Insurance Data Breach Insurance Industry

Miller Nash LLP

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

Miller Nash LLP on

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

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Hinshaw & Culbertson - Privacy, Cyber & AI...

Ohio Supreme Court Rules No Coverage For Ransomware Attack Under BOP Policy Because Computer Software Sustained No Direct Physical...

The Ohio Supreme Court waited until the last week of the year to issue what may be the most important silent coverage decision of 2022. Direct physical injury is a fundamental requirement of first-party property policies. The...more

Kohrman Jackson & Krantz LLP

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

Ransomware insurance coverage has become increasingly popular in recent years as the threat of ransomware attacks has continued to grow. However, despite the widespread adoption of this type of insurance, there are still...more

Woodruff Sawyer

How a Cyber Attack Triggers Multiple Parts of a Cyber Security Insurance

Woodruff Sawyer on

Cyber liability insurance coverage is not a one-size-fits-all blanket policy that can be applied to all types of businesses. Every organization has choices as to what types of cyber liability coverage it needs to protect...more

Jones Day

JONES DAY PRESENTS®: Insurance Implications of the California Consumer Privacy Act

Jones Day on

Jones Day Insurance Recovery partner Rich DeNatale talks about insurance implications for clients subject to the California Consumer Privacy Act ("CCPA"), including policy limits and coverage for statutory damages. The CCPA...more

Robinson+Cole Data Privacy + Security Insider

The Tricky World of Cyberliability Insurance

2018 was the year of hearing from clients that they are convinced that they “have cyberliability insurance” to finding out that they really don’t have the coverage that they need for the most common cyber risks....more

Lowndes

Don’t Expect Commercial General Liability Insurance Policies to Protect Against Cyber Breach or Crime

Lowndes on

Almost a year after Middle District Judge Mary Scriven’s instructive decision in Innovak Int’l, Inc. v. Hanover Ins. Co. in which she declined to hold that a traditional commercial general liability (CGL) policy, as drafted,...more

Carlton Fields

Defining the Contours of Cyber Coverage for Data Breach: a Warning in Arizona

Carlton Fields on

A year ago in this space, we looked at the receding wave of coverage litigation regarding whether various cyber-related exposures were covered under traditional policies, such as CGL and professional liability policies. ...more

Carlton Fields

Your Data Breach Collided With My Personal Injury Coverage

Carlton Fields on

Editors at Wired magazine recently engaged in a year-long project to develop a means to hack the onboard computer of a Jeep, and override the driver’s control of several critical vehicle functions. According to a disturbing...more

Goulston & Storrs PC

Cyber Liability Insurance – Does Your Retail Business Need It?

Goulston & Storrs PC on

The news is full these days of hackers stealing credit card and other customer information from United States retailers such as Home Depot, Target, and Neiman Marcus (and the federal government) among others. These...more

Carlton Fields

Cybersecurity Coverage Litigation: Learning to Survive After the Second Wave Hits

Carlton Fields on

It’s a familiar pattern. First, new risks inspire legislation and regulations that impose new penalties. Next, insurers and policyholders fight over whether the new liabilities are covered under traditional liability...more

K&L Gates LLP

The Devil in the “Cyber” Insurance Details

K&L Gates LLP on

There’s a tempest amidst the recent spring shower of “cyber” insurance cases. It isn’t the Recall Total case reported the week before last, or the Travelers v. Federal Recovery Services case reported the week before. While...more

Mintz - Privacy & Cybersecurity Viewpoints

CNA Denies Cyber Insurance Claim

Key takeaway: The insurance applications and underwriting questionnaires prepared in connection with cyber insurance do matter. Cyber security, and cyber insurance, have dominated the industry headlines for several...more

Perkins Coie

Trends To Watch In Cyber Liability and Reputational Insurance

Perkins Coie on

With major data breaches again making news, it is important for corporate policyholders to keep abreast of insurance developments in this emerging and fast-moving area. In this update, we provide some thoughts on cyber...more

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