Silent Cyber Coverage Here to Stay? New Jersey Appellate Court Rejects Insurers’ Attempt to Expand Scope of the War Exclusions to Cyber Claims

The War and Hostile Action Exclusions have been standard exclusions in property and general liability policies for decades. With the rise of cyber claims, insurers have turned to these exclusions to deny coverage where the bad actor may have governmental roots. In a win for policyholders, the New Jersey Appellate Division rejected the insurers’ attempt […]

Pennsylvania Appellate Courts Favored Finding Coverage in April

Within a single week in April, Pennsylvania’s appellate courts issued two decisions with favorable rulings for insureds. On April 22, 2020, in a 4-3 opinion, the Pennsylvania Supreme Court ruled that an insurer must defend its insured in connection with an intentional murder-suicide that also resulted in unintentional injuries.1 Erie Insurance Exchange (“Erie”) provided homeowners insurance […]

Mitigating Franchisor Exposures for Systemwide GDPR Compliance through Cyber Insurance

The European Union’s (“EU”) General Data Protection Regulation (“GDPR”) has been in effect for just over a year, and the full extent of the data privacy law’s global impact is just now being fully realized. The GDPR is a privacy law enacted under the guiding principle of privacy as a fundamental right, and as such, […]

Ohio State Court Provides a Bit of Clarification on Virtual Currency Coverage

An Ohio court recently determined that Bitcoin constitutes covered “property,” rather than “money,” under the terms of a homeowners’ insurance policy, such that coverage for its loss was not restricted to a policy sublimit for monetary losses.1 In Kimmelman v. Wayne Ins. Group, the court considered a coverage action based on a theft of approximately $16,000 […]