On November 4, Michael Levine and Matthew McLellan provided commentary for Westlaw about the Fifth Circuit’s recent decision in Apache Corp. v. Great American Insurance Co., No. 15-20499, 2016 WL 6090901 (5th Cir. Oct. 18, 2016), on which Michael Levine had previously written a blog post. In the Westlaw Journal: Computer and Internet,
Computer Fraud Coverage
Fifth Circuit Says “Computer Fraud” Requires More Than “Incidental” Use Of A Computer
By Michael S. Levine on
Posted in Cyber
In a seemingly illogical decision, the Fifth Circuit Court of Appeals ruled in Apache Corp. v. Great American Ins. Co., No 15-20499 (5th Cir. Oct. 18, 2016), that loss resulting from a fraudulent e-mail did not trigger coverage under a crime policy’s “computer fraud” coverage because the loss was not the “direct result” of computer use.
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