Cyber Insurance: ENISA’s report on the last four years’ developments

The European Union Agency for Network and Information Security (ENISA) released an interesting report “to raise awareness for the most impactful market advances, by shortly identifying the most significant cyber insurance developments for the past four years – during 2012 to 2016 – and to capture the good practices and challenges during the early stages […]

Insurer’s obligations under a cyber insurance E&O are not triggered by an allegation of intentional misconduct (and other glitches in coverage)

Insurer’s obligations under a cyber insurance E&O are not triggered by an allegation of intentional misconduct (and other glitches in coverage) Nathan M. Crystal Travelers Property Casualty Co. of America v. Federal Recovery Services, Inc., 103 F. Supp. 3d 1297 (D. Utah 2015), was a declaratory judgment action in which the court found that the […]

Columbia Casualty v. Cottage Health System, i.e. when your cyber-insurance is not what it seems

  In Columbia Casualty Co. v. Cottage Health System, the insurer Columbia Casualty (“Columbia”), a unit of CNA, sued Cottage Health System (“Cottage”), which operates a network of hospitals located in Southern California, seeking to obtain a declaratory judgment that it was not obliged to defend or indemnify Cottage. Cottage had a NetProtect360 claims-made policy […]

Insurer’s duty to defend under a cyberinsurance E&O not triggered by an allegation of intentional misconduct, a federal court held

On May 11, 2015, the Utah District Court ruled against the policyholder and offered a narrow interpretation of the cyberinsurance policy involved in the dispute. In this case, Defendants – the policyholders – are in the business of providing processing, storage, transmission, and other handling of electronic data for their customers. They kept cyberinsurance under […]