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The State of Cyberinsurance Coverage Litigation: A Survey of Significant Decisions, Pending Actions, and Emerging Trends

July 2018

Similar to 2017, the bulk of cyberinsurance coverage decisions in 2018 have focused on whether claims of social engineering fraud or spoofing are covered under the Computer Fraud part of commercial crime insurance policies — with a split in authority evident in recent decisions from the Second, Sixth, and Eleventh Circuits. At the same time, courts across the United States have seen an uptick in lawsuits from both plaintiffs and regulatory bodies seeking to impose directors and officers (D&O) liability resulting from the handling of a data breach. All this has occurred against the backdrop of the 2017 Equifax data breaches and other high-profile “silent cyber” attacks.

In Goldberg Segalla’s latest “State of Cyberinsurance Coverage Litigation” survey, partner Jonathan L. Schwartz and associate Colin B. Willmott, members of the firm’s Global Insurance Services and Cybersecurity and Data Privacy Practice Groups, examine these developments and other trends revealed in recent decisions and pending litigation. Jonathan and Colin take a close look at decisions and disputes pertaining to fraudulent email schemes, “use of a computer” coverage requirements, cyber claims brought under commercial general liability (CGL) policies, the U.S. Supreme Court’s refusal to rule on data breach class actions, directors’ and officers’ (D&O) exposures, ransomware, and more.

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