Privacy & Information Security Law Blog

Recent media attention focused on the security breach that affected millions of Target customers has increased interest in cyber insurance to cover the financial losses associated with these types of events. As insurers aggressively market insurance products to protect against cyber risks, it’s important to note differences in the language carriers have chosen to include in their policy forms. Contrary to reasonable expectations and marketing brochures, policy clauses concerning timing, and conditions requiring due diligence, might be used by an aggressive insurer to undermine the transfer of risk. In an article published in Law360, a Hunton & Williams Insurance Litigation & Counseling partner examines whether the Target breach would be covered by one carrier’s form.