Jenner & Block

Insurance Law Update: "Pitfalls for Data Breach Coverage under Cybersecurity Insurance Policies"

Many companies have recently experienced data breaches resulting in disclosure of their customers’ personal or financial information.  Insurers have begun offering “cybersecurity” policies that are marketed as covering such cyber risks.  Policyholders, however, must be vigilant to prevent a “disconnect” between the policy as marketed and the actual policy language called upon to pay a cyber claim.  To avoid any alleged “gaps” in coverage, companies should make sure that their expectations for coverage are effectively communicated to the insurer and accurately reflected in the policy’s wording.