Business Interruption Coverage for Cyber-Related Losses: Terms and Exclusions, Interplay With Other Policies

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, July 19, 2018

Recorded event now available

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Program Materials

This CLE webinar will discuss the unique risks that cyber-related losses pose to business operations and how to mitigate those risks with business interruption (BI) coverage. Our panel will guide insurer and policyholder counsel on negotiating terms and exclusions and how BI coverage works with other policies to address potential losses.

Description

This year business interruption ranked as the leading threat to companies globally, with cyber incidents acting as the primary trigger for associated losses. Domestically, cyber incidents—cybercrime, data breaches and distributed delay of service attacks—surveyed as the single most critical risk to businesses. Commerce’s increased reliance on technology-driven solutions only compounds the detrimental impact of these disruptions.

Insurers and policyholders alike must understand the breadth of exposures and coverages available to mitigate disruption and losses due to cyber-related incidents. Conventional property policies may protect against business interruption losses such as lost profits resulting from property damage to the insured’s property but fall short in addressing the threat of cyber incidents. Insurance counsel must understand how BI coverage can combine with other commercial coverages for liability, regulatory obligations and repair/restoration to provide broad protection.

Listen as our panel of experts discusses how to address BI provisions in light of the potential losses businesses face with cyber incidents, and provides practical insight on the interplay between business interruption, other policies and their respective coverages and limitations.

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Outline

  1. Business interruption—evaluating coverage
    1. Property loss
    2. Liability
    3. Regulatory obligations
    4. Repair/restoration
    5. PCI compliance
  2. Negotiating exclusions
  3. Contingency BI coverage
    1. Infrastructure attacks
      1. Network
      2. Conventional infrastructure
    2. “Upstream” incidents

Benefits

The panel will review these and other relevant issues:

  • How can businesses leverage policy terms like duration, waiting periods and exclusions to maximize coverage for a cyber-related loss?
  • How can insurers combine coverage solutions to address the full scope of potential losses?
  • How can policyholders incorporate guidance and expertise of brokers and underwriters in the development of preventative policies?

Faculty

Borja, Mary
Mary E. Borja

Partner
Wiley Rein

Ms. Borja represents insurers in complex litigation and arbitration involving professional liability, general...  |  Read More

Miller, Mark
Mark E. Miller

Co-Founder
Miller Friel

With over 20 years of litigating and settling insurance claims, and prior Fortune 500 executive experience before that,...  |  Read More

Stern, Eric
Eric B. Stern

Partner
Kaufman Dolowich Voluck

Mr. Stern concentrates his practice in all aspects of insurance coverage litigation. He has analyzed, written on and...  |  Read More

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