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Expert Analysis

Medidata And American Tooling Courts Misunderstood Tech

By Joshua Mooney (September 24, 2018, 1:04 PM EDT) -- This summer's U.S. courts of appeals decisions in Medidata Solutions and American Tooling caused considerable stir in the world of insurance coverage. Many policyholder attorneys declared that computer fraud coverage for phishing attacks is now broader than a Yahoo data breach. Certainly, these decisions mark a dramatic shift in what had been to date a lopsided score in which courts more often than not have found coverage unavailable. However, whether Medidata Solutions Inc. v. Federal Ins Co.,[1] and American Tooling Ctr. Inc. v. Travelers Cas. & Sur. Co. of Am.[2] mark a permanent shift remains to be seen....

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