McGuireWoods Insurance Recovery Blog

McGuireWoods Insurance Recovery Blog

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Cyber Insurance, Duty to Indemnify, Risk Management

Insuring Automated Vehicles – A Critique of Travelers’ Institute White Paper

Introduction Autonomous vehicles (“AVs”) are constantly in the news.  A range of technology companies, such as Google and Uber, as well as automotive manufacturers, are leading the development of vehicles with autonomous features.  The technology promises improved convenience and safety but questions have naturally arisen about how to insure vehicles under computer control (we will… Continue Reading

Crime Insurance, Cyber Insurance, Policy Interpretation

Sixth Circuit Finds Coverage Under Crime Policy for Business Email Compromise

For the second time in ten days, a federal appeals court ruled a crime insurance policy provides coverage for losses arising from a business email compromise.  In American Tooling Center, Inc. v. Travelers Casualty and Surety Company of America, No. 17-2014, 2018 WL 3404708 (Sixth Circuit July 13, 2018), the Sixth Circuit held that Travelers… Continue Reading

Cyber Insurance

Friday’s Massive Malware Attack – Cyber Insurance and the Importance of IMMEDIATE Notice to Insurers

On Friday, May 12, 2017, a massive ransomware attack swept across the globe. As of the date of this post, the attack reportedly had infected more than 100,000 organizations in 150 countries. The attack continues to propagate in different and more malicious forms and it is likely some of our clients have been impacted. This… Continue Reading

Business Interruption, Cyber Insurance

Insurance Coverage for Lost Profits Arising from Cyber Attacks on the U.S. Power Grid – Contingent Business Interruption Coverage for the Internet of Things

The Washington Post reported last week that Russian hackers had penetrated the U.S. utility grid through Burlington Electric Department, a Vermont utility.  Although the utility later clarified that the attacked computer was not connected to the grid and that the connection to Russia was not confirmed, hundreds of news sources picked up the story, demonstrating… Continue Reading

Best Practices, Cyber Insurance, General Liability, Policy Interpretation, Property Insurance

Cyber Risk “IRL”: Insurance Issues Arising from Cyber-Related Property Damage and Bodily Injury Claims

Many an unhappy modern tale arises when a cyber-predator suggests to his victim that they transition their dealings from the virtual world to a meeting “IRL” – “in real life.” But the perils that arise when the internet meets the “real world” are not limited to vulnerable individuals:  advances in technology, coupled with the ingenuity… Continue Reading

Additional Insured Coverage, Bad Faith, Business Interruption, Crime Insurance, Cyber Insurance, Financial Institution Bonds

8th Circuit: Financial Institution Bond Provides Coverage for Fraudulent Wire Transfers

With policyholders facing increased losses from hacking and business email compromise, insurers are fighting hard to escape their obligations under financial institution bonds, crime policies and cyber insurance policies. In a case that bolsters policyholders seeking coverage for digital fraud, the U.S. Court of Appeals for the Eighth Circuit held that a bank’s financial institution… Continue Reading

Crime Insurance, Cyber Insurance

Arizona Court Rules That Chubb Cyber Policy Does Not Cover Credit Card Theft Losses

As cyber attacks increase at an unprecedented pace, more and more businesses are purchasing cyber insurance to protect against that risk. The insurance industry now faces an avalanche of claims, and those claims now are moving to the litigation phase. In one of the first decisions interpreting a cyber insurance policy, an Arizona federal court… Continue Reading

Cyber Insurance, General Liability

Fourth Circuit Affirms Insurance Coverage for Cyber Claim Under CGL Policy

In a decision issued April 11, the Fourth Circuit added to a small but growing body of case law across the country finding coverage for cyber claims under traditional general liability insurance policies. In Travelers Indemnity Co. v. Portal Healthcare Solutions, LLC, No. 14-1944, − F. App’x − 2016 WL 1399517 (4th Cir. April 11, 2016),… Continue Reading

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