Computer Fraud Insurance: Coverage for Ransomware and Cybercrime After G&G v. Continental Western
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Insurance
- event Date
Tuesday, August 17, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will explore coverage under non-standalone cyber insurance policies for computer fraud and ransomware, examining such coverage under property, crime, kidnap & ransom, and D&O, among others.
For more than 25 years, Ms. Selby has served as a trusted advisor to insurers across a wide variety of industries. Focused primarily on insurance coverage matters, she represents clients in all phases of large scale, complex first and third party insurance issues. Ms. Selby has extensive experience handling insurance coverage trials in the U.S. and international arbitrations in London. She also helps clients navigate insurance due diligence in connection with mergers and acquisitions, as well as run off and adverse development cover transactions.
Mr. Halprin represents commercial policyholders in complex insurance coverage matters with a focus on recovery strategies in relation to cyber breaches and cyber crime, COVID-19 and natural disasters, professional services, regulatory investigations, and technology disputes. Over the course of his career, he has arbitrated, litigated, and mediated claims involving a broad range of insurance policies and recovered hundreds of millions of dollars in insurance proceeds for policyholders.
For years, various courts have considered with whether business email compromise attacks are covered by computer fraud coverage under a commercial crime policy. The Indiana Supreme Court most recently addressed the issue In G&G Oil Co. v. Continental Western Ins. Co., 2021 WL 1034982 (Ind. Mar. 18, 2021).
Listen as this experienced panel guides counsel in understanding the rapidly evolving area of law at the intersection of crime insurance coverage and cybercrime.
- Coverage under crime policies vs. under cyber liability and data security policies
- G&G Oil Co. v. Continental Western Ins. Co.
- Application of case law to policy forms
- Strategies and practical considerations
The panel will review these and other pivotal issues:
- Under what types of coverage might insureds seek coverage for losses due to ransomware, other than cyber?
- On what grounds might insurers challenge coverage under non-standalone cyber policies for ransomware and hacking related losses?
- Is the ransom payment covered?
- How have courts interpreted the clause "resulting directly from the use of a computer"?
- What facts may demonstrate that computer access was "fraudulent"?
