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Cyber Insurance: Recent Decisions Interpreting Coverage Grants, Conditions to Coverage, Definitions, Exclusions
Trends on Voluntary Transfers Induced by Fraud, Third-Party Network Failures, Cyber Extortion, and More
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About the Course
Introduction
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.
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.
Presented By
Mr. Healy is a seasoned trial attorney with more than 20 years of extensive courtroom experience in courts across the country. He represents policyholders seeking insurance coverage. Mr. Healy has successfully obtained coverage under numerous policy types, working with clients from a variety of industries, including technology companies, financial consultants, manufacturers, railroads, banks, financial service providers, retailers, medical service providers, and food and beverage providers. He is the author of Cyber Insurance Claims, Case Law, and Risk Management, a leading treatise on cyber insurance.
Mr. Stern is a trial and appellate lawyer, with an emphasis on a result-oriented approach to complex disputes. He has represented plaintiffs and defendants in insurance coverage and bad faith cases, business tort and other commercial litigation, consumer and business class actions, and both commercial and high-end residential real estate litigation. Mr. Stern has tried cases before juries, judges and arbitration panels, and he has argued appeals in a number of state (California and Texas) and federal (Second, Eighth, and Ninth Circuits) courts. He devotes a substantial part of his practice to litigation and counseling services for the insurance industry. Mr. Stern has handled matters in various lines, including general liability, specialty liability, professional liability, excess liability, business interruption, workers' compensation, property, and personal accident. He provides oversight counsel for clients at a nationwide or regional level with respect to issues of coverage, claims handling, litigation management and corporate risk. Mr. Stern has extensive experience in insurance-related litigation, including coverage, bad faith, subrogation and contribution, reinsurance and regulatory disputes. He also provides defense of insureds in complex or high-stakes cases, including class actions and severe injuries, and is often called upon by insurers when they need a change in direction in the defense of their insureds.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Friday, October 24, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
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
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?
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