Tag Archives: Cyber

Policyholder Urges 6th Circuit To Reverse Decision Finding No Coverage For Computer Fraud

In a recent brief filed in the Sixth Circuit, American Tooling Center, Inc. argued that the appellate court should reverse the district court’s decision finding no insurance coverage for $800,000 that American Tooling lost after a fraudster’s email tricked an employee into wiring that amount to the fraudster. As we previously reported here, the district … Continue Reading

Hunton Global Privacy and Insurance Leaders Address the Prevention and Insurability of Cyber Attacks

A recent article published by Securityroundtable.org highlights the vulnerabilities businesses face in a world of e-commerce and interconnectivity, and how proper planning through a tailored cybersecurity program that includes – among other components – appropriate insurance coverage for cyber risks can help prevent a successful attack and mitigate the financial impact should one occur. Whether … Continue Reading

Court Finds No Crime Coverage For Computer Fraud Losses

On Tuesday, the U.S. District Court for the District of New Jersey granted Travelers’ motion to dismiss Posco Daewoo America Corporation’s suit for coverage under the computer fraud provision of its crime insurance policy.  Distinguishing itself from precedent like Medidata, Principal Solutions Group, Apache and American Tooling Center, Daewoo did not seek coverage for money … Continue Reading

Beazley Reports Major Increase In Social Engineering Attacks

In its third quarter report, insurer Beazley reported a nine-fold increase in social engineering attacks (i.e., deception-based fraud/crime) as compared to the same time last year.  So far, the majority of social engineering attacks in 2017 were focused on the professional services sector (18%), followed by financial institutions (9%), higher education (9%) and healthcare (3%).  … Continue Reading

Excess Insurer Must Stay In Cyber Insurance Case

A California state court recently rejected an excess insurer’s attempt at an early exit from litigation over whether it owes coverage for cyber liabilities. In that case (previously summarized here), the policyholder, Cottage Health, suffered a data breach resulting in the disclosure of patients’ private medical information. Subject to a reservation of rights, Cottage Health’s … Continue Reading

Connecting The Risks: Electric Vehicles and Insurance

In an article that first appeared in Electric Light & Power, Hunton & Williams attorneys Sergio F. Oehninger and Paul T. Moura discuss the growing Electric Vehicle (EV) industry and the risks posed due to the consequential strain on the power grid. As they explain, demand and investment in EVs will likely spur greater demand … Continue Reading

District Court Holds Narrow Computer Fraud Provision, Restrictive State Law, Means No “Direct Loss” Arising From Fraudulent E-mail Scheme

Highlighting the continued problems faced by policyholders in obtaining coverage for “computer fraud,” a Michigan district court recently held that a manufacturer could not recover $800,000 in funds lost after an employee mistakenly wired payment for legitimate vendor invoices into a fraudster’s bank account after receiving a spoofed e-mail requesting payment. In American Tooling Center, … Continue Reading

The Cost of Cyber Exposure: A Further Look A Lloyd’s Emerging Risk Report 2017

Last month’s post summarized key findings from the recent emerging risk report issued by Lloyd’s of London and risk-modeling firm Cyence, highlighting several key findings about cyber risks and the cyber insurance market more generally. In this post, we provide a closer look at some of the more significant cyber coverage issues discussed in the … Continue Reading

Where Are Those Dragons?: A Look at HBO’s Recent “Game of Thrones” Data Theft and Coverage for Cyber Crimes

Earlier this week, HBO announced that it had suffered a “cyber-incident” involving the compromise of “proprietary information” that reportedly includes forthcoming episodes and scripts from popular HBO shows such as Game of Thrones. The HBO breach is the most recent in a growing list of cybersecurity issues faced by Hollywood studios this year. In an … Continue Reading

Hunton Insurance Head Walter Andrews Comments on Medidata Coverage Win

Hunton & Williams insurance practice head Walter Andrews commented in a July 25, 2017, Law360 article concerning a New York federal court’s recent decision in Medidata Solutions, Inc. v. Federal Ins. Co., where the court found coverage for a $4.8 million “social engineering” loss that occurred after Medidata received fraudulent emails that caused accounting personnel … Continue Reading

Chubb Owes $4.8M for Medidata Social Engineering Loss

A federal judge in New York awarded summary judgment on Friday in favor of Medidata Solutions, Inc., finding that Medidata’s $4.8 million loss suffered after Medidata was tricked into wiring funds to a fraudulent overseas account, triggered coverage under a commercial crime policy’s computer fraud provision and funds transfer fraud provision. The award comes after District … Continue Reading

Insurer Report Predicts Increasing Global Risk, Up to $53 Billion in Losses, Following Major Cyber Event

As discussed in prior posts, recent cyber events, such as the “Wanna Cry” ransomware attack, serve as important reminders to policyholders that cyber insurance should remain a priority for any business facing potential exposure from a cyber event. A recent report further underscores the potential impact of a major global cyber event, estimating that the … Continue Reading

If You Don’t “WannaCry” After A Cyber Attack, Review Your Cyber Insurance Coverage

Beginning last Friday, and still occurring today, one of the worst and most widespread malware attacks has impacted more than 200,000 victims in at least 150 countries, including Britain’s National Health Service, FedEx, telecommunications companies Telefonica and Megafon, and automakers Renault and Nissan. The malware, known as “WannaCry,” disables the user’s computer system and all … Continue Reading

Hunton Attorney Syed Ahmad Discusses Critical Cyber Coverage Selection Issues in Mealey’s

While there’s no simple formula for determining what, and how much, cyber liability insurance is necessary for a given company, a few simple inquiries can make a big difference.  My colleague Syed Ahmad, along with Eileen Garczynski (senior vice president and partner at insurance brokerage Ames & Gough), recently published an article for Mealey’s Data … Continue Reading

Digital Due Diligence: Hunton Attorneys Discuss Four Critical Questions To Ask When Evaluating Cyber Insurance Coverage

Cyber and crime insurance policies have been heavily recommended to address the growing prevalence and types of cyber risks. My colleagues Walter Andrews and Jennifer White recently authored an article appearing in Risk Management discussing how the purchase of cyber and crime insurance policies alone is not enough to successfully manage these risks. These policies … Continue Reading

ABA To Offer Cyber Insurance Coverage To Law Firms

The ABA announced last week that it would supplement its insurance coverage offerings to include cyber insurance. Chubb Limited will underwrite the insurance, which the ABA said “includes cyber coverage for a firm’s own expenses, such as network extortion, income loss and forensics, associated with a cyber-incident as well as for liability protection and defense … Continue Reading

Failure To Encrypt Costs Hospital $3.2M, And May Threaten Cyber Coverage

As discussed Friday on the Hunton Privacy and Information Security Blog, the U.S. Department of Health and Human Services has imposed a non-appealable $3.2 million fine on Children’s Medical Center of Dallas due to breaches of HIPPA-protected information.  The breaches allegedly occurred in 2009 (when an employee lost an unencrypted Blackberry containing electronic protected health … Continue Reading

Hunton Insurance Partner, Syed Ahmad, Comments On D&O Trends For 2017

Hunton & Williams insurance partner, Syed Ahmad, tells Law360 about trends in D&O liability insurance that are likely to grab headlines in 2017, including the impact of privacy and cyber breaches on corporate executives and the continued fallout from 2015’s “Yates Memo,” emphasizing an increase in government prosecution of individual corporate wrongdoers and incentivizing companies … Continue Reading

Insurance Practice Head Discusses Cyber Insurance For The Real Estate Industry

Hunton & Williams Insurance practice head, Walter Andrews, provides a brief, 5-minute overview, of why members of the real estate industry should be thinking about and obtaining appropriate cyber insurance protection for their real estate operations.  Mr. Andrews explains why cyber insurance is different from other insurance products and requires a careful examination of the … Continue Reading

When Barristers Get Breached: Hunton Attorneys Discuss Insurance Coverage For Cyber-Related Risks Facing Law Firms

Law firms have become a popular target for cyberattacks. My colleagues Sergio Oehninger and Patrick McDermott recently authored an article in the ABA’s TYL magazine regarding insurance coverage for law firms for cyber-related risks. The full article is available here. In the article, Oehninger and McDermott identify the potential coverage issues firms may face under … Continue Reading
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