Recent legal efforts by insurers to bar cyber coverage under commercial general liability policies signal a new coverage battle between insurers and policyholders as costly data breaches proliferate.
Joshua Gold, a shareholder with policyholder law firm Anderson Kill P.C. in New York, said, “I don't think it's terribly ambiguous to begin with, which is I think most policyholders should have personal injury coverage for a violation of privacy complaint, unless the policy has an express exclusion for a computer hacking incident.”
ISO's recent publication of a cyber exclusion “is an indication that the policies are supposed to be read to cover those, otherwise what's the point of the exclusion?” he asked.
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