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Course Details

This CLE webinar will provide counsel with a summary of the current state of the law and recent decisions on key cyber insurance coverage issues. The panel will offer insights for resolving ambiguities as well as negotiation of policy terms.

Faculty

Description

Numerous insurers offer cyber policies, but coverage grants, definitions, and exclusions vary dramatically from policy to policy. When coverage disputes arise, courts lack a developed body of law interpreting (non-existent) standard policies, requiring counsel to engage in research that clients often do not appreciate. This panel will offer a summary of important and influential decisions that may save counsel time and money.

The most common types of "cyber events" that give rise to losses are email phishing and ransomware demands. Courts in different jurisdictions considering different policies are weighing in on whether coverage exists for voluntary transfers caused by fraudulent activity, misconduct of a rogue employee, cyber extortion, third-party network failures, bodily injury/property damage that flows from the cyber incident, and many other critical issues.

Listen as this experienced panel of cyber insurance coverage attorneys summarizes and catalogs how courts are deciding important cyber coverage issues and the applicable policy language that supports those decisions.

Outline

I. Why coverage does not exist under general policies

II. Recent decisions affecting issues important in coverage disputes

A. Coverage grants

B. Conditions to coverage

C. Definitions

D. Problematic exclusions

E. Reporting potential claims and "known loss" exclusions

F. Retroactive coverage

G. Strategies when negotiating policies

Benefits

The panel will review these and other important issues:

  • What is a cyber policy, and why is there no coverage under other policy types?
  • When negotiating a policy, what provisions should policyholders pay the most attention to?
  • When is there coverage for voluntary transfers caused by fraudulent activity?