Greg Podolak was quoted once again in the latest issue of Law360. This recent posting discussed last week’s decision by the 8th Circuit Court that coverage must be provided for a bank that was hit by a hacker, even if the negligence of one of the bank employee’s was partially to blame.
The opinion should make it difficult for insurers to fight the application of the concurrent-causation doctrine unless they have included language in their policies clearly precluding the use of the doctrine in determining coverage, Greg Podolak, head of Saxe Doernberger & Vita PC’s cyber risk practice.
“This will be a case that, given the context, will serve as a great example for policyholders to refer to in order to challenge wrongful denials when carriers are trying to advance an anti-concurrent cause position,” Podolak said.
The case discussed was State Bank of Bellingham v. BancInsure Inc. n/k/a Red Rock Insurance Co., case number 14-3432, in the U.S. Court of Appeals for the Eighth Circuit.
To read the entire article, click here.
May 24, 2016
Gregory D. Podolak