What Is A Physical Loss In The Digital Age?
Increasingly, businesses buy cyberinsurance to protect valuable electronic assets, including computer systems themselves and the data stored within them. These policies, however, are relatively young....
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“A Tale of Two Carriers – Disparate Views of War/Terrorism Exclusion”
In January, I offered my view on Zurich’s invocation of an ‘act of war’ exclusion to deny coverage for Mondelez International’s losses caused by NotPetya. And made a funny joke about Oreos in the...
View Article“Smart Buildings, Smart Coverage”
Cyber this. Cyber that. I deal in dirt, and I don’t care. If there’s a commercial building on top of that dirt, you should. The “internet of things” refers to the ever-expanding connectivity between...
View Article“My Least Favorite Exclusion Challenged by Milk’s Favorite Cookie”
Welcome back. Unless you never left, in which case you’re probably having a smoother morning than I am. If you’re reading this, we’re both having better mornings than Mondelez International, Inc. had...
View Article“Common Law Duty to Protect Employee Data Undercuts Contractual Liability...
Sexy title, I know. Here’s the thing – this is a big deal. Particularly for employers, and likely for any entity that collects and stores personal data, the law in Pennsylvania just changed...
View Article“Part II: Same Email/Wire Scam, Same Carrier, Different Result”
Yesterday, I wrote about the application of the “voluntary parting” exclusion in Schmidts v. Travelers, a 2015 case out of the Southern District of Ohio. If you couldn’t tell, I didn’t agree with the...
View Article“Voluntary Parting is Not Sweet Sorrow”
It’s (approximately) the ides of National Cybersecurity Awareness Month. Yes, it’s a thing. A 15-year old thing. Appropriately, I spent last night at a cybersecurity seminar hosted by Citrin...
View ArticleTo Be ExSPECted? Or not to be?
Like a brown-paper-bag-wrapped birthday present, the Fifth Circuit’s June 25th decision in Spec’s v. Hanover arrived in my in-box with a resounding ‘meh.’ You see, I get daily emails from Westlaw...
View ArticleLiving Too Social in the Education Industry?
The 2018 Verizon Data Breach Investigations Report indicates that in the education industry (yes, it’s an industry), the most prevalent type of data breach is “social attacks.” What’s a social attack?...
View Article“3 Tips for Public Pension Funds”
On Tuesday, I was privileged to be part of a panel discussing cyberinsurance for public pension funds at Kessler Topaz’s Evolving Fiduciary Obligations for Institutional Investors conference, joining...
View Article“Unfortunately, This Will Get Physical”
There have been relatively few confirmed cyber attacks resulting in substantial physical harm to property (other than computer hardware) and people. The first known event involved the 2008-2010...
View Article“Carriers and Brokers Filling the Coverage Gaps”
Stand-alone cyberinsurance is a critical component of enterprise risk management. But even companies with traditional and cyber coverage may, and usually do, have gaps in coverage created by what I’ve...
View Article“What Pension Fund Fiduciaries Need to Know About Cyberinsurance”
This article was first published in the Fall 2016 issue of “The Bulletin,” a quarterly newsletter published by Kessler Topaz Meltzer & Check, a renowned law firm representing institutional...
View Article“The Physical Damage Hot Potato”
First, I have to say that Paul Stockman at McGuireWoods has beaten me to the punch in his article, “Cyber Risk ‘IRL’.” So, read that. Stockman addresses a coverage issue I’ve noted in cyber policies...
View Article“Don’t Let a Limitation of Liability Provision Jeopardize Cyber Coverage”
Here is how it is supposed to work. Something bad happens. You’re insurance company pays for it. Then, your carrier sues the bad guy who harmed you. That’s subrogation. In the data breach context,...
View Article“After the After (First) Party”
Cyberinsurance policies typically provide first and third party coverage. First party coverage relates to an insured’s own expenses in investigating and remediating a data breach, and recovering the...
View Article“P.F. Chang’s On the Hook for Contractual Liabilities”
On May 31, 2016, the U.S. District Court for the District of Arizona held that P.F. Chang’s obligation to pay its credit card processor nearly $2M following a 2014 data breach was contractual, and...
View Article“When Retro Isn’t Cool”
Those new, old-school Air Jordans are retro cool (and I have them). Those new cyberinsurance retroactive dates – eh. I blogged about retroactive dates here. Reminder: an insurance policy retroactive...
View Article“Travelers v. Portal Healthcare Solutions – NBD”
FYI, NBD is “internet slang” for “no big deal.” “Internet slang” is what my little brother uses in text messages. Anyway. Last week, the Fourth Circuit affirmed an Eastern District of Virginia ruling...
View Article“Are You Down with B.E.C.?”
You probably are not. The FBI, however, is reporting that an increasing number of cybercriminals are running “business e-mail compromise” scams. A “B.E.C.” is when someone misuses social media or...
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