What Cos. Can Glean From Early Cyber Policy Cases


PUBLISHED ON: March 23, 2022

While there are a relatively large number of insurance coverage cases addressing loss from cyberattacks on a policyholder, relatively few of the publicly reported disputes involve dedicated cyber insurance policies. Most disputes to date involve commercial general liability policies, crime policies, errors and omissions policies, and other, non-cyber-specific insurance policies.

A handful of cases have involved dedicated cyber insurance policies. As many of those cases have settled, and others remain unresolved, the case law so far presents more questions than answers. Many of the provisions of cyber insurance policies have not been analyzed or ruled upon by courts.

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Daniel J. Healy is a partner and co-chair of the cyber insurance recovery practice group at Anderson Kill PC.

This article is adapted from Chapter 4 of Cyber Insurance Claims, Case Law, and Risk Management a treatise published in 2022 by the Practicing Law Institute. Healy coauthored the treatise with Joshua Gold, a shareholder at Anderson Kill.

The opinions expressed are those of the author(s) and do not necessarily reflect the views of the firm, its clients, or Portfolio Media Inc., or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.