Del. Justices Clear Key Hurdle for Cyber Incident Recovery, Law360

Law360 quoted partner Emily Garrison in an article about a Delaware Supreme Court ruling allowing insurers to pursue aggregate subrogation claims against a SaaS vendor following a ransomware attack, and the implications for cyber incident recovery, underwriting diligence, and vendor contract risk.

Emily told the publication that subrogations can present challenges regarding how recovered funds are distributed.

“There could be a potential concern that the carrier is not focusing as much as they should on my insurance recovery versus their global, universal recovery if it is going to be the case that they recover more than what they paid, and some of it comes back to the policyholder,” Emily said.

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