Posts in Cyber Policies and Issues.
Electronic Data Exclusion Precludes Coverage for Payment Card Data Breach
Electronic Data Exclusion Precludes Coverage for Payment Card Data Breach
Massachusetts Supreme Judicial Court Holds that State’s Wiretap Act Does Not Apply to Website Browsing Tracking Claims
Massachusetts Supreme Judicial Court Holds that State’s Wiretap Act Does Not Apply to Website Browsing Tracking Claims
No Duty to Defend BIPA Lawsuit Given Absence of Data Breach or Security Failure
No Duty to Defend BIPA Lawsuit Given Absence of Data Breach or Security Failure
Delaware Court Dismisses Insurers’ Subrogation Action Against Software Provider Over Ransomware Payouts
Delaware Court Dismisses Insurers’ Subrogation Action Against Software Provider Over Ransomware Payouts
Insured Not Entitled to a Windfall Under Cyber Policy’s Business Interruption Insuring Agreement
Insured Not Entitled to a Windfall Under Cyber Policy’s Business Interruption Insuring Agreement
Illinois Federal Court Holds No Duty to Defend Lawsuit Alleging BIPA Violations
Illinois Federal Court Holds No Duty to Defend Lawsuit Alleging BIPA Violations
Violation-of-Law Exclusion Defeats Duty to Defend BIPA Lawsuit
Violation-of-Law Exclusion Defeats Duty to Defend BIPA Lawsuit
No Cyber Insurance Coverage for Vehicle Thefts Purchased Online Using Fake Identities
No Cyber Insurance Coverage for Vehicle Thefts Purchased Online Using Fake Identities
Insurer Has Duty to Defend BIPA Lawsuit Alleging Violation of Privacy in the Creation of Fingerprint Data
Insurer Has Duty to Defend BIPA Lawsuit Alleging Violation of Privacy in the Creation of Fingerprint Data
Massachusetts High Court Rejects Insured’s Claim to Recovery Expenses Incurred to Prevent Business Interruption
Massachusetts High Court Rejects Insured’s Claim to Recovery Expenses Incurred to Prevent Business Interruption
Court Finds Business Interruption Coverage for Losses Resulting From Fraudulent Email Scheme
Court Finds Business Interruption Coverage for Losses Resulting From Fraudulent Email Scheme
2 Illinois Cases Poised To Shape BIPA Litigation Landscape
2 Illinois Cases Poised To Shape BIPA Litigation Landscape
No Coverage for Consequential Losses Stemming from Computer System Failure
No Coverage for Consequential Losses Stemming from Computer System Failure
Court Holds Social Engineering Fraud Does Not Trigger Computer Fraud Coverage
Court Holds Social Engineering Fraud Does Not Trigger Computer Fraud Coverage
No Coverage for Loss in Consequence of Social Engineering Fraud
No Coverage for Loss in Consequence of Social Engineering Fraud
No Notice-Prejudice Exception Applies to Financial Institution Bonds under Oklahoma Law
No Notice-Prejudice Exception Applies to Financial Institution Bonds under Oklahoma Law
Commercial Crime Policy Covers Loss Involving Fraudulent Email Directing Employee to Make Payments
Commercial Crime Policy Covers Loss Involving Fraudulent Email Directing Employee to Make Payments
4 Important Class Cert. Issues From 2 Data Breach Cases
4 Important Class Cert. Issues From 2 Data Breach Cases
'McMorris Factors' Create Obstacles For Data Breach Plaintiffs
'McMorris Factors' Create Obstacles For Data Breach Plaintiffs
Fifth Circuit Holds Payment Card Breach Lawsuit Triggers Coverage for “Personal and Advertising Injury”
Fifth Circuit Holds Payment Card Breach Lawsuit Triggers Coverage for “Personal and Advertising Injury”
Indiana Supreme Court Revives Insured’s Case for Ransomware-Related Coverage Under Commercial Crime Policy
Indiana Supreme Court Revives Insured’s Case for Ransomware-Related Coverage Under Commercial Crime Policy
No Coverage Under E&O Policy for Insured’s Loss of Funds Sent Pursuant to Fraudulent Instructions
No Coverage Under E&O Policy for Insured’s Loss of Funds Sent Pursuant to Fraudulent Instructions
No Computer Fraud Coverage for Ransomware Attack
No Computer Fraud Coverage for Ransomware Attack
Untimely Notice of Server Outage and Related Client Communications Bars Coverage for Claim Filed against Technology Service Provider
Untimely Notice of Server Outage and Related Client Communications Bars Coverage for Claim Filed against Technology Service Provider
Lack of Knowledge Requirement Nixes Coverage for Social Engineering Fraud Under Computer Transfer or Funds Transfer Fraud Limits
Lack of Knowledge Requirement Nixes Coverage for Social Engineering Fraud Under Computer Transfer or Funds Transfer Fraud Limits
Ransomware Attack Involves “Direct Physical Loss of or Damage to” Software, Data and Computer Systems
Ransomware Attack Involves “Direct Physical Loss of or Damage to” Software, Data and Computer Systems
Fraud Exclusion Inapplicable Where Insured Unwittingly Transferred Funds to Fraudsters
Fraud Exclusion Inapplicable Where Insured Unwittingly Transferred Funds to Fraudsters
Invasion of Privacy Exclusion Bars Coverage for Consent Judgment in TCPA Claim
Third-Party Complaint Seeking Indemnity from IT Company for Underlying Medical Malpractice Suit Barred by Medical Services and Bodily Injury Exclusions
Monetary Loss from Fraudulent Email Scheme Triggers Coverage Under Business Owners’ Policy
No Personal Injury Coverage for Payment Card Breach Because Damages Resulted from Hacker’s Criminal Conduct, Not Insured’s Data Security Practices
Court Rules that “Direct Means Direct” in Crime Policy, Rejecting Proximate Cause Analysis
Sixth Circuit Finds Insurer Obligated to Cover Loss from Fraudulent Email Scheme
Appeals Court Holds that Computer Fraud Policy Covers Spoofing Attack
Contract Exclusion Does Not Bar Defense Obligation for Alleged Payment Card Breach
Fraudulent Voucher Redemption Scheme Perpetrated by Phone Involves “Use of Computer” but Does Not “Directly Result” in Covered Loss
Two Exclusions Bar Coverage under Cyber Policy for TCPA Claim
Exclusion Bars Coverage for Fraudulent Instruction Loss when Employee with Authority to Initiate Wire Transfer Enters Fraudulent Account Information
Claim based on Failed IT Transition Does Not Involve Property Damage or Loss of Use
No Coverage for “Data Breach” Claim under CGL Policy
No Crime Coverage for Amounts Wired by Insured’s Customer to Fraudster Posing as Insured
Fraudulent Instruction Loss Caused by Social Engineering Scheme Does Not Trigger Computer Fraud Coverage Under Commercial Crime Policy
Computer Fraud Coverage Extends to Manipulation of External Email Server
Loss Caused by Fraudulent Exploitation of Coding Error Does Not Implicate Computer Fraud Coverage
No Crime Coverage for Social Engineering Fraud
Quality of Services Exclusion Bars Coverage for Online Auction Service’s Alleged Misrepresentations About Its Reliability
Computer Fraud Provision of Crime Policy Does Not Cover Loss from Business Email Compromise and Social Engineering Scheme
Cyber Policy Does Not Cover Indemnification Payments to Credit Card Processor After Data Breach
Claim based on Unsolicited Text Messages in Violation of TCPA Does Not Allege a “Privacy Wrongful Act” under Policy’s “Cyber Claims Endorsement”
Knowing Conduct Is Not An “Error, Omission or Negligent Act” Under Technology E&O Policy
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