Cyber Insurance Recovery


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Overview

The Cyber Insurance Recovery Group is chaired by Joshua Gold, a shareholder in Anderson Kill's New York office who has helped to recover more than $1.5 billion for corporate policyholders in insurance coverage disputes. Mr. Gold has represented clients in diverse industries pursuing insurance claims for cyber-related losses and has published widely in insurance and legal journals on cyber insurance coverage issues.

  • Representation in a multi-million dollar recovery in a landmark U.S. Court of Appeals decision on behalf of a retailer that suffered a data breach as a result of a computer hack. Rejecting the insurance company's "direct loss" defense, commonly cited in such cases, the court instead applied a proximate cause standard -- a valuable precedent for businesses purchasing fidelity, crime and financial institution bond coverage.
  • Represented a large engineering firm who suffered a cyber-attack on its electronic data storage facility which overrode a backup system and led to file system corruption. Client data was stolen and internal billing information was destroyed. We compelled the insurance company to pay under an all-risk property policy the client’s claims for replacement of the servers in the storage facility, client credit monitoring and the client’s business interruption loss.
  • Represented an entertainment company client who was sued in class litigation by users of its on-line service for trespass and invasion of privacy arising from its provision of information concerning user on-line viewing patterns to third parties. Insurance companies under consecutive policies denied coverage on a variety of grounds. We were able to trigger both policies and recover the costs of defending and settling the lawsuit against the client.
  • Represented a national retailer that was sued pursuant to a California statute that made it illegal to ask a customer who was paying by credit card for personal information.
  • Successfully obtained coverage under the client's cyber insurance policy.
  • Counseling a hotel company that had a major data breach on insurance coverage.


cyber insurance recovery