Unconventional Cyber Case Gets Md. High Court's Attention

Law360, New York (July 24, 2014, 11:20 AM EDT) -- Much recent attention on insurance for cyber risks has focused on risks created by hacking and the victim's resulting liabilities for breach of privacy. The focus has been on protecting against liability arising from the disclosure of personal identifiable information captured by hackers breaking into a system. There are other cyber risks, however, and companies seeking insurance need to be sure that these less publicized risks are covered as well. With some insurers incorporating broad exclusions in their policies and seeking to exclude cyber liability from coverage, insurance purchasers need to look closely at their coverages to be sure that expected protection remains. Thus, for example, the focus on personal injury coverage has been on whether it protects against hacking events such as those at issue in Zurich v. Sony, while little concern has been expressed regarding whether that coverage protects against other types of breach of privacy claims that might occur as a result of everyday cyberactivities. One example is the liability for privacy violations that may result from publications on a website. Those liabilities have been traditionally been covered under the personal injury provision of a liability policies....

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