9th Circ. Highlights Importance Of Cyber Liability Insurance

By ​​​​​​​Jennifer Senior and Edward Vrtis (May 14, 2018, 3:21 PM EDT) -- A recent appeal decided by the United States Court of Appeals for the Ninth Circuit in the case of Aqua Star (USA) Corp. v. Travelers Casualty & Surety Co. of America affirmed summary judgment for an insurer by holding that an exclusion in a crime policy unambiguously barred coverage for theft by social engineering, where the insured's employees were duped into authorizing several fraudulent international electronic fund transfers. The case highlights the importance of the method used by criminals to trick employees, as well as the method used by employees to transfer funds. Additionally, Aqua Star provides a reminder that insureds should review their crime coverage and consider whether to revise or remove overly restrictive exclusionary language or obtain more specialized cyber liability insurance to afford coverage for the increasingly common threat of social engineering crimes....

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