Insurance Update

In our March Insurance Update, we discuss four state supreme court cases and four cybercrime cases.

The state high courts address:

• From whose perspective should a consent-to-settle provision be judged?
• What standard applies when construing an intentional injury exclusion?
• Does prior knowledge by one employee of an insured void claims-made coverage for all employees?
• Does an owned property exclusion bar coverage for a negligent misrepresentation claim?

The four cyber cases deal with email manipulation, phishing schemes, data breaches, and number of occurrences.  These cyber-related decisions involve various types of coverages.  As with most insurance disputes, the specific policy language is critical to the outcome.  These courts carefully considered what was intended by the language and whether the facts before them fit within the intended coverage.

We hope that you find these cases informative.

Rob Tugander and Greg Mann