Physical But Not Tangible: Electronic Data Losses

Law360, New York (November 30, 2010, 1:06 PM EST) -- With the integration of computers, BlackBerrys and iPhones into virtually every aspect of our lives, questions surrounding insurance coverage involving these devices and the data that they process have moved to the forefront of insurance law. Two significant trends have emerged.

First, data damage has begun to be viewed (though not uniformly) as “direct physical loss or damage” under first-party property insurance policies. At the same time, coverage for third-party losses has proved harder to obtain because courts have refused to consider lost electronic data as...
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