Cyber Insurance in Commercial Contracts: Allocation of Risk, Coverage, Interplay With Other Insurance Requirements
Recording of a 90-minute CLE webinar with Q&A
This CLE course will guide counsel on negotiating and drafting provisions allocating cybersecurity risks using insurance. Our panel will discuss the increasing need for these terms, key considerations in placing coverage, and their interplay with other insurance provisions in commercial contracts. Our panel also will discuss lessons best practices when pursuing or evaluating claims made under cyber policies.
Outline
- Defining the risk
- Data breach
- Internet of things and biometric risks
- Interplay with other insurance provisions
- CGL coverage
- D&O coverage
- Technology E&O coverage
- Property, Crime, and Other Lines of Coverage
- Practical guidance
- Procurement
- Claims
- Preventative measures
- Compliance considerations
- State law, including the CCPA, the Illinois Biometric Privacy Act, and NYDFS
- Federal law
- GDPR and other international regulations
Benefits
The panel will review these and other relevant issues:
- How does cyber insurance dovetail with other insurance policies like CGL, D&O, or E&O coverage to mitigate risk and losses?
- How can counsel for insurers and policyholders assist in clearing common roadblocks to procure coverage in the event of a claim?
- What specific exclusions commonly require extra consideration from counsel?
Faculty
Shelby S. Guilbert, Jr.
Partner
King & Spalding
Mr. Guilbert specializes in assisting large businesses and financial institutions in insurance recovery actions,... | Read More
Mr. Guilbert specializes in assisting large businesses and financial institutions in insurance recovery actions, high-stakes contract disputes, and cross-border litigation. He has successfully assisted his clients in the recovery of hundreds of millions of dollars from insurance companies in the U.S., London and Asian markets. Mr. Guilbert also counsels leading companies in complex commercial matters in state and federal courts at the trial and appellate levels. He also routinely handles cross-border disputes in domestic and international arbitration.
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Greg M. Steinberg
Partner
Kennedys
Mr. Steinberg represents foreign and domestic insurers in connection with coverage issues arising under major... | Read More
Mr. Steinberg represents foreign and domestic insurers in connection with coverage issues arising under major professional liability lines. His experience includes counseling, litigation, and alternative dispute resolution involving directors and officers, financial institutions, cyber risk, technology errors and omissions, and other professional liability coverages. His practice includes counseling insurers and negotiating cost-effective resolutions in connection with underlying securities class actions, shareholder derivative actions, private equity disputes, regulatory investigations, and bankruptcy and insolvency issues arising in the insurance context.
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