The twenty-first century challenges posed by data breaches and cyber crimes do not fit neatly into the space occupied by traditional liability insurance policies. As a result, courts have had a difficult time grappling with data breach claims under such policies, which highlights the need for companies to consider cybersecurity liability insurance coverage as a more targeted option to cover against losses incurred by cyber crimes and data breaches.
Below, we outline a company’s potential need for cybersecurity liability, as well as discussing certain coverage options and considerations. In the coming weeks, we will continue to discuss these issues as they relate to “first-party” insurance, which can be purchased to cover losses to an insured’s property, data, and business that result from a data breach.