The Sixth Circuit has rejected Travelers Casualty & Surety Company’s request for reconsideration of the court’s July 13, 2018 decision, confirming that the insured’s transfer of more than $800,000 to a fraudster after receipt of spoofed e-mails was a direct loss” that was “directly caused by” the use of a computer under the terms of ATC’s crime policy. In doing so, the court likewise confirmed that intervening steps by the insured, such as following the directions contained in the bogus e-mails, did not break the causal chain so as to defeat coverage for “direct” losses.
The court’s short August 28, 2018 order denying reconsideration can be found here. The court’s July 13, 2018 decision can be found here. Hunton’s prior posts discussing the ATC decisions can be found here and here.