Popular, Corporate Counsel, Cyber Insurance

You’ve Got Mail: NYDFS Enforcement Action Highlights Cybersecurity Risk of Over-Retention and Other Risks

Paul Hastings LLP on 8/22/2025

On Aug. 14, 2025, the New York Department of Financial Services (NYDFS) issued a Consent Decree announcing that Healthplex, Inc. (Healthplex) has agreed to pay a $2 million fine, as a result of an investigation into a 2021...more

Cybersecurity Insurance: Circuit Courts Weigh in on Insurers’ Liability for an Insured’s Losses Stemming from a Data Breach

Pietragallo Gordon Alfano Bosick & Raspanti,... on 11/8/2022

When a cybersecurity-related incident occurs, an insured should not automatically assume a standard commercial general liability (CGL) policy issued by an insurer will cover their losses, as CGL policies generally afford...more

Potential Harm Enough For Class Action to Proceed in Data Breach Litigation

Genova Burns LLC on 9/14/2022

The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more

Update: Ukraine Conflict Has Implications for Cyberinsurance Policies, Including War Exclusions

Morgan Lewis on 3/8/2022

The conflict in Ukraine has raised significant cybersecurity concerns for businesses in the United States and across the world, resulting in an increased focus on using cyberinsurance to mitigate any resulting losses. The...more

Kennedys cybersecurity and privacy (US) 2021 year in review

Kennedys on 3/7/2022

As the world emerged from lockdown, it should come as no surprise that cybersecurity and data privacy remained dominant topics in the media and legal industry. Some of 2021 was much like 2020 – ransomware attacks continued to...more

Ninth Circuit’s Fraudulent Payments Coverage Ruling Has Implications for Cyber Insurance Purchasers

Cooley LLP on 2/3/2022

In a decision with significant implications for policyholders seeking coverage for social engineering scams and cybercrime losses, the US Court of Appeals for the Ninth Circuit held in Ernst and Haas Management Company, Inc....more

Responding to the Kronos Cyber Attack – What Should Employers Be Thinking About?

Jackson Lewis P.C. on 12/14/2021

According to reports, Kronos, the cloud-based, HR management service provider, suffered a data incident involving ransomware affecting its information systems. Kronos communicated that it discovered the incident late on...more

Riding the Wave of Cyber Insurance Claim Payments: A Trend Cresting or Crashing?

Lowenstein Sandler LLP on 10/19/2021

Ransomware attacks are on the rise. Cyber criminals continue to exploit lax security measures, which have become more acute in the work-from-home environment, and hack into companies’ systems, encrypt their data, and then...more

Ransomware Attack Results In Covered Physical Loss Or Damage

Robins Kaplan LLP on 4/21/2020

A Maryland Federal Court Examines A Coverage Dispute Regarding Whether An Insured Had Experienced A Covered Loss To Its Computer System Following A Ransomware Attack. ...more

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

Carlton Fields on 3/6/2020

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

Recent Lawsuit Highlights Need for Careful Review of Cyberinsurance Policies

Blank Rome LLP on 2/27/2019

The “WannaCry” and “NotPetya” computer viruses that infected computer systems around the world in 2017 sounded a wakeup call. They demonstrated the power of a cyber event to disrupt the core operations of numerous companies...more

Massive GDPR Fine Is a Wake-Up Call to Get Compliance and Cyber Insurance Squared Away

Pillsbury - Policyholder Pulse blog on 2/5/2019

Have $57 million (or more) to spare? You’re going to need it if you run afoul of the EU’s General Data Protection Regulation (GDPR) without cyber insurance. In late January 2019, the French data protection authority, CNIL,...more

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

Lowndes on 10/11/2018

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

Social Engineering Scam Covered By Cyber Insurance

Farella Braun + Martel LLP on 10/10/2018

The Sixth Circuit recently entered a ruling in American Tooling Center, Inc. v. Travelers Casualty and Surety Co. of America, 2018 WL 3404708 (6th Cir. July 13, 2018), soundly rejecting a cyber carrier’s extremely narrow...more

Your Cyber Insurance Policy May Not Cover GDPR Fines and Liabilities

Womble Bond Dickinson on 9/20/2018

You may be paying for cyber insurance that will not cover the most significant cyber risks faced by your business. Recent studies call into question whether a company can insure against the unprecedented huge fines for...more

Testing the Limits III – Cyber Coverage Litigation Focuses on Computer Fraud Losses

Troutman Pepper Locke on 9/13/2018

Fraudsters deploy different computer-related techniques but toward the same end – “gaming the system” for their own financial gain. Some victims turn to insurance for recovery. Four recent federal appellate decisions reveal...more

Privacy & Cybersecurity Update - July 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 8/2/2018

In this month's edition of our Privacy & Cybersecurity Update, we examine California's new sweeping privacy law, two U.S. agencies' report on "botnet" threats and the European Parliament's call to suspend the Privacy Shield....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

Cyber-insurance and Employee Data Breaches: Part 1

BCLP on 10/9/2017

A large portion of the hundreds of data breaches and thousands of data security incidents that occur each year involve human resource related issues. This includes situations in which HR data was lost, employees were...more

Cybersecurity: Spear Phishing Covered Under Insurance Policy Where Code Manipulated

Bennett Jones LLP on 7/26/2017

Increasingly, insureds faced with cyber fraud losses are going to the courts to interpret their policies. In The Brick Warehouse LP v. Chubb Insurance Company of Canada, 2017 ABQB 413 [The Brick Warehouse], and in Taylor &...more

The Remedy for the New Cyber Threat Posing Major Coverage Problems: “Fake President” E-mails

Nossaman LLP on 7/11/2017

In the last few weeks, we have seen yet another widespread ransomware attack that hit nearly one hundred companies around the world. It reminded me of a recent request from a client, made just after news broke of the...more

"Privacy & Cybersecurity Update - February 2017"

Skadden, Arps, Slate, Meagher & Flom LLP on 3/3/2017

In this edition of our Privacy & Cybersecurity Update, we look at a series of recent court rulings regarding standing in privacy cases, most of which suggest plaintiffs will continue to have a difficult time establishing...more

New York Appellate Court Finds “Electronic Data” Exclusion Applies to Data Breach

Carlton Fields on 7/18/2016

The computer network of a Five Guys Burger franchise, RVST Holdings, LLC (RVST), was hacked. Customers’ credit card information was stolen and used to make numerous fraudulent charges. Trustco Bank brought an action against...more

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