Technology in business, and everyday life, is intangible now more so than ever for many Americans as we confront the COVID-19 pandemic. As people try and find some semblance of normalcy, technology is a lifeline to stay informed about the changing landscape around the virus, socialize with friends and family, entertain and educate kids kept out of school, and for those who can, continue to work at home.
Continue Reading Cybersecurity Vigilance During the COVID-19 Pandemic: Check Your Insurance Policy

Law360 published an excellent article, The Insurance Landscape For Phishing Claims Is Shifting,1 written by Jason Rubinstein and Jasmine Chalashtori. Their summary about the importance of coverage for these computer fraud claims and the need for brokers to discuss these risks with their business clients was highlighted at the end of their article:
Continue Reading Computer Fraud, Phishing, and Cyber Insurance Claims Pose Significant Risks and Coverage Issues

It’s the stuff that dreams are made of. Humphrey Bogart delivers this memorable line at the end of The Maltese Falcon, summing up the allure of the shady characters’ search for the eponymous, elusive relic. Pro-policyholder case law can be equally elusive, especially when unsettled areas of insurance law, like coverage for cyber losses, are at issue.
Continue Reading Insurer Must Cover Policyholder’s $4.8 Million Cyber-Scam Loss

Various courts across the country have reached mixed decisions for insurance coverage disputes involving insureds who fell victims of social engineering crimes. The court’s ruling in Medidata Solutions Inc. v. Federal Insurance Company,1 finding coverage for the insured who was spoofed by e-mail fraudsters was previously discussed by my colleague, Verne Pedro. As Verne pointed out in his blog, the debate over whether and when victims of cyber-crimes are covered under computer fraud and similar policy provisions remains contentious and unsettled.
Continue Reading Social Engineering Schemes – Is There Coverage for Computer Fraud Involving the Company’s Email System?

Cyber-risks are not just about corporate data breaches anymore. I recently spoke to a public adjuster who said he was a victim of a ransomware attack. Ransomware is malicious software (malware) installed on a computer, smart phone, or other mobile device, without the owner’s consent. Once malware is installed, cybercriminals can monitor and control online activity, steal confidential information, interrupt service, commit fraud, or disable access to files and critical data until a ransom is paid to unlock the system.
Continue Reading Top Seven Things Public Adjusters Should Know About Cyber Risks and Cyber Insurance

This is the first post in a three-part series about first-party coverage for losses of computer data.

Labor Day 2016 was a bad day for my client. That was the day her web host company hit the delete button, knocking her offline and completely wiping out her business website. Instead of celebrating a holiday weekend, she was dealing with a crisis.
Continue Reading Losses in Cyber-Space: Recovering Insurance Proceeds When Your Computer Data Can’t Be Recovered (Part One)

Part two of this series continues exploring cybersecurity regulations and breach notification requirements. [Read Part One here].

The first installment of this post mentioned some of the cyber security regulations in New York, which has been noted as leading the pack in this area.1 Part two follows up with a few additional regulations and calls to action that address cyber issues.
Continue Reading New Cybersecurity Regulations Series (Part Two)

This is the first post in a two-part series about cybersecurity regulations and breach notification requirements.

Recent headlines of high-profile cyber-attacks confirm the maxim that the cover up usually causes more trouble than the event itself.
Continue Reading What the Heck Was Uber Thinking: Non-Disclosure and Other Missteps After a Data Breach Are Prime Triggers For Regulatory Scrutiny (Part I)

In a win for third-party victims of a cyber security attack, the United States Court of Appeals, District of Columbia reversed a lower court’s decision dismissing a class-action suit against their health insurer for breach of contract, negligence, and violation of various state consumer-protection statutes, after their personal information was stolen during a data breach.1
Continue Reading Appellate Court Reverses Lower Court’s Dismissal of Plaintiffs Data-Breach Claim