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Scott Godes, from Barnes & Thornburg’s Policyholder Insurance Recovery Group, was recently quoted in Business Insurance’s article, “Increased Cyber Losses Means More Insurance Coverage Disputes.”
The article states that companies seeking coverage for data breaches under general liability policies often have turned to the personal and advertising injury part of the forms, and disputes have centered on whether a breach constitutes a “publication” that violated a right to privacy. Beyond disputes regarding coverage under general liability policies for cybersecurity claims, lawyers anticipate coverage litigation arising under cyberinsurance policies as well.
Many of these lawsuits are litigated off the radar, and have not drawn widespread attention. Some might suggest that cyberinsurance carriers probably want it that way. Scott, who has litigated the scope of coverage available under cyberinsurance policies, gave his thoughts about the future of coverage litigation in the context of cyber risks. Scott suggested that as carriers are trying to sell more cyberinsurance policies, they likely do not want to be seen as litigious:
“Carriers in the cyber insurance space do not want to have a reputation of not paying claims,” said Scott N. Godes, a partner at Barnes & Thornburg L.L.P. in Washington.
To read the full article, click here.
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