Cyber & Data Risk Insurance and Its Related Litigation Issues and Coverage Disputes Including the Travelers Decision Finding Cyber Coverage in a CGL Policy

September 29, 2016 4:45pm

Brian J. Dusek
Partner
McCullough, Campbell & Lane LLP

Linda D. Kornfeld
Managing Partner
Kasowitz, Benson, Torres & Friedman LLP

  • How cyber & data risk insurance is important in the litigation context
  • Liability issues
  • Coverage issues
  • Need for comprehensive insurance
  Underwriting Issues
  • Cyber approach that is risk based
  • Interface of underwriting and claims
  • Quantifiable data
  • Using property/casualty as an example you can make determination based on aging structure and mitigate loss/calculate versus cyber arena where calculations can’t be made and limits are much lower
  Litigation Against Insurance Companies
  • Niche market around drafting, writing of policies to cover data breach and cyber breaches
  • Examining the growing cottage industry of how to litigate disputes
  • Litigating coverage disputes
  Impact of the Travelers Decision on Finding Cyber Coverage in a CGL Policy
  • Analysis of the court’s decision finding cyber coverage in a CGL Policy
  • Impact of insureds not using the ISO form which excludes cyber coverage
  • Finding coverage for unreasonable publicity of medical records