Cyber Liability

Insurers continue to develop products to address the risks associated with the complexity of technology and the increased use of the Internet and Cloud storage.These risks include claims arising from business interruption, cyber attacks, data breaches, and the often related obligations under various states’ security breach notification laws.

Our attorneys apply their knowledge of insurance against the developing regulatory and statutory cyber-security framework to analyze coverage issues involving data breaches and cyber attacks.We have worked with insurance clients to provide litigation services concerning insurance coverage claims arising out of alleged security breaches, business interruption, and data loss.

One example of our successes is a summary judgment victory on behalf of a property and casualty insurer against a policyholder under a CGL policy, where the claim arose out of the loss of data tapes and the policyholder alleged that the loss of the tapes constituted a publication within the meaning of the policy.