Articles By Author
SEC’s SolarWinds Litigation Expands Regulatory Cyberrisk Landscape
The SEC's SolarWinds enforcement action is the latest example of the expanded enforcement role that regulators have assumed in addressing cyber-related business risks and practices.
The Board’s Role in Cyberrisk Management
Boards are increasingly being required to raise their level of cybersecurity expertise.
Can Cyber Insurance Recovery from a Third Party Satisfy a Self-Insured Retention?
Companies preparing to maximize recoveries for losses stemming from a cyberattack can take several lessons from a recent case.
Insurance Companies Move to Expand Scope of War Exclusions
Insurers are expanding the narrow application of the war exclusion to include claims arising from state-sponsored cyberattacks.
SEC’s Proposed Cyber Rules Underscore D&O Risks
Directors and officers are coming under greater scrutiny from a host of stakeholders, including regulators, when it comes to their oversight of cybersecurity.
3 Cyber Claim Insurance Coverage Lessons Learned in 2021
Key revelations from cases decided in 2021 are of particular relevance to policyholders looking to secure their insurance protection in the wake of a cyber incident
Utilizing D&O Insurance Coverage for Cyber Claims
Policyholders may have insurance coverage for cyber-related claims under their D&O policies that may not be solely limited to securities litigation.
Understanding Marine Cargo Insurance Policies
A marine accident in the Suez Canal provides a reminder to consider your insurance coverage protection and calendar important insurance claim deadlines.
Protecting Cryptocurrency Assets
Companies that own or are considering cryptocurrency assets face new theft risks.
Three Key Insurance Law Decisions from 2020
These three legal decisions from 2020 have recurring importance to policyholders’ risk management, in-house legal and treasury departments.
Cyber Risk Management in the Pandemic Era
As the pandemic continues to wreak havoc and disrupt life and commerce globally, an epidemic of cybercrime is following close behind.
Coronavirus Triggers Arguments Over Insurance for Physical Damage
The legal interpretation of "physical loss or damage” will be a deciding factor in coronavirus claims cases.
New Cyber Risk Management Concerns for Directors & Officers
Risk management for protection of senior officers and the board has taken on a new dimension with sweeping new data privacy regulations.
Risk Management for “Hacker-less” Security Risks
While guarding against high-profile cybercrimes, companies should be sure not to neglect more mundane cybersecurity risks.
The Implications of Silent Cyber Coverage Restrictions
As insurers begin to address silent cyber issues, policyholders will need to be vigilant to ensure they still have the appropriate levels of coverage
War Risk Exclusions Threaten Cyber Coverage
A recent dispute highlights how nation-state cyberattacks can complicate insurance coverage.
Turning to Crime Insurance Policies for Phishing Losses
When a loss from a phishing attack occurs, employers should promptly consider all of their insurance coverage, including their crime insurance policies.
A Pandora's Box of Cyberrisks
While 21st century innovations have brought about great advancements in communication and real-time business decision-making, this cutting-edge tech has also created new opportunities for theft.
Insuring Marine Cargo Against Fraudulent Documentation
Commercial shipping faces a new and daunting set of technological exposures, including the computer-enabled falsification of shipping documents
Key Considerations for Cyberrisk Coverage
A number of insurance policy provisions can help ensure adequate protection from cyber losses.
Baby Monitors & Steel Mills: The New World of Cybersecurity Risk
The new breed of cybercriminal lacks a clear profit motive, and instead is focused on causing business interruption, economic mayhem and political instability.
Securing Coverage for Cyberattacks
Risk professionals must closely review their first-party coverage for business income losses.
The Value of Interdepartmental Communication
When it comes to a business’ risk management function, communication within the organization is essential.
Protecting Directors and Officers in the New World of Cyberthreats
Evolving regulations and investor expectations have put the onus on directors and officers to take responsibility for prevention, mitigation and recovery from cyberattacks.
Reviewing Your Insurance Coverage in Advance of Hurricane Season
With weather patterns and storm severity growing less predictable, a comprehensive disaster recovery plan—including reliable insurance protection—is a vital risk management task for any business.
Risk Management for Fraud and Other Crime Risks
Crime losses abound for policyholders in every industry, but navigating the insurance claims process can be a challenge.
Adjusting Insurance Coverage to Meet Shifting Cyberattack Risks
An insurance program must account for both first- and third-party cyberrisks.
Ensuring Insurance Recovery After a Hurricane Loss
Seven tips to help policyholders resolve disaster insurance claims.
Reassessing Your Cyberinsurance Coverage
In light of recent hacking incidents, a regular review and tune-up of insurance coverages, particularly cyberinsurance, is important.
Securing Insurance for Cyberbreach Investigations
Insurance can help offset the enormous costs of a data breach investigation.
The Quest for Quality Insurance Company Claims Handling
The are certain steps that policyholders can take to ensure their claims will be paid.
Understanding Political Risk Coverage
Whether you already have a political risk insurance policy, are facing renewal or are considering purchasing a policy for the first time, a careful review of policy terms will be worthwhile.
D&O Insurance for Data Breaches
As data breaches grow large enough to savage a company's bottom line, management liability insurance and senior level governance cannot be overlooked
Coverage Quelled by Extreme Exhaustion Arguments
D&O insurance policyholders must make sure that excess policies do not include unduly restrictive exhaustion clauses that can negate coverage.
Getting the Most Out of Product Recall Insurance
Policyholders need to be aware of all the nuances of product recall insurance in order to ensure that their claim will be paid.
Effectively Managing Social Media Risks
Whether your business aggressively uses social media to reach potential or existing customers, or simply maintains a minimal presence, these platforms can trigger a wide variety of risks to your organization.
Staying Covered in Wind v. Flood Property Insurance Disputes
With some insurance policies, the distinction between wind v. flood and the timing of resulting damage can be crucial in successfully obtaining insurance dollars to offset losses when the worst happens.
Overcoming Obstacles to Recovering Settlement Costs from Insurers
Insurance companies are slow to pay out for settlement costs — if they agree to pay at all. Here are some ways to improve the odds.
How to Protect Data in the Cloud
Cloud computing offers major benefits but also presents new challenges to data security.
Property Insurance and Disaster Recovery After Sandy
As the devastation wrought by Superstorm Sandy brought home, natural disasters can imperil even the most rock-solid businesses.
Finding Insurance Coverage for Data Breaches and Other Cyber Crimes
Smart data-handling procedures and quality insurance coverage can lessen the blow of unauthorized or unintended uses of business-related data.
What Does the NRRA Mean for Captives?
Ambiguity surrounding the Nonadmitted and Reinsurance Reform Act has created confusion for all captive owners.
Insurance Coverage in the Absence of Property Damage
Some property insurance policies provide coverage for losses of business income even when there is no property damage at all.
Property Insurance and Disaster Recovery
Developing a disaster recovery plan and assembling a team to implement that plan, before a loss occurs, is invaluable.
Three Ways to Stay Ahead of the SEC Cyberthreat Disclosure Mandate
The SEC is now mandating companies to disclose their cybersecurity vulnerabilities. Here are three ways to stay out of related disputes.
Accessing Your Excess Insurance
Know the terms of your excess insurance policy.
Insurance Coverage vs. Indemnification Obligations
What to do if your insurer attempts to convert its primary insurance coverage policy to an excess insurance policy.
Understanding Time-Sensitive Provisions
The fine print of an insurance policy could contain conditions that could hurt your claim.
Data Privacy in an Online World
As social networking sites have taken off, data privacy has become more vulnerable.
Coverage for Theft of Third Party Property and Data
In an era where so much third party data is entrusted to policyholders, insurance coverage against data theft is vital.
D&O Coverage for Investigations
D&O coverage for government investigations can be tricky.
Insurance Coverage for Product Recalls, Property Damage and Injuries
Product recalls and liabilities stemming from such an event can result in extremely costly situations. How can product recall insurance help?
The Trouble with Securing Collateral
Anderson Kill & Olick's latest column looks at the complications of securing insurance collateral.