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Legal developments in data, privacy, cybersecurity, and other emerging technology issues

  • Posts by Emily E. Garrison
    Posts by Emily E. Garrison
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    Emily Garrison is an experienced litigator who focuses her practice on insurance recovery and has significant experience handling complex coverage disputes through arbitration and litigation. She has also participated in ...

Corporate policyholders, insurers and courts continue to grapple with the question of whether traditional “non-cyber” business insurance policies provide coverage for losses from cyberattacks.  The most recent decision addressing this “silent cyber” issue came last month in EMOI Services, LLC v. Owners Insurance Company, 2021 -Ohio- 3942, 2021 WL 5144828 (Ohio App. 2 Dist., Nov. 5, 2021).  In EMOI Services, an Ohio Court of Appeals panel reversed a trial court’s grant of summary judgment in favor of an insurer that found no coverage for a ransomware attack under a property insurance policy.   

As cybersecurity incidents increase in frequency and scope, cyber insurance policies are an important tool for companies to mitigate loss from such incidents.  Recent surveys of small and medium businesses reveal, however, that many respondents do not carry cyber insurance.[1] And for those that do, the cost of such coverage is rising.  For companies considering purchasing or renewing a cyber policy in light of new or increasing risk, this article provides a brief primer on the types of coverages that cyber policies offer, potential add-ons to coverage, common conditions and exclusions, and other cyber insurance-related questions. 

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