5 Tips For Success In Cyberinsurance Litigation

Law360, New York (July 30, 2015, 10:33 AM EDT) -- Many insurance coverage disputes can be, should be and are settled without the need for litigation and its attendant costs and distractions. However, some disputes cannot be settled, and organizations are compelled to resort to courts or other tribunals in order to obtain the coverage they paid for, or, with increasing frequency, they are pulled into proceedings by insurers seeking to preemptively avoid coverage. As illustrated by CNA's recently filed coverage action against its insured in Columbia Casualty Company v. Cottage Health System,[1] in which CNA[2] seeks to avoid coverage for a data breach class action lawsuit and related regulatory investigation,[3] cyberinsurance coverage litigation is coming. And in the wake of a data breach or other privacy, cybersecurity or data protection-related incident, organizations regrettably should anticipate that their cyberinsurer may deny coverage for a resulting claim against the policy....

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