Cyber Liability

Our insurance law practice focuses on your needs.

Reports of security threats, cyberattacks and data breaches have become a common occurrence in today’s technology-driven world. These types of incidents often involve massive claims exposing a company to catastrophic liability and damages. With technology advancing faster than ever before, companies operating across all industries are at serious risk for legal claims stemming from malicious cybersecurity attacks and data losses and breaches.

The attorneys at Ver Ploeg & Lumpkin are committed to helping companies protect themselves against these new and emerging threats. Since our firm’s founding in 1995, our lawyers have focused their practice on representing policyholders in complex high-stakes coverage disputes with their insurance carriers. We closely track insurance industry trends and legal developments so that we can provide our clients with the information and advice they need to successfully navigate the complex cyber liability arena.

While today most cyber liability claims are submitted under commercial general liability (CGL) policies, these claims can also trigger directors and officers (D&O), errors and omissions (E&O) and other policy types. Insurance companies, however, consistently argue that cyber liability claims are categorically excluded under the standard exclusions and limitations contained within those policies. Today, many insurance companies offer risk-specific cyber insurance policies designed to protect corporate and individual policyholders against data breaches and other cyber-related risks.

Whether the policy at issue is a cyber-specific policy, a commercial general liability policy, or some other type of insurance product, the attorneys at our firm are well equipped to handle the matter. We have a solid understanding of the full line of products on the market and represent clients in coverage disputes involving both first-party (direct losses to the policyholder) and third-party claims (policyholder liabilities to third parties):

  • First-party claims that may expose clients to:
    • Business interruption losses
    • Business income losses
    • Data asset protection – costs to restore and recreate data
    • Responses to cyber extortion
    • Costs associated with forensic investigations
    • Costs to notify the public
    • Credit monitoring
    • Public relations campaigns
  • Third-party claims which may expose clients to:
    • Privacy (including HIPPA-based) liability
    • Security liability
    • Regulatory body investigations

When a cyber liability claim surfaces, insurance companies are often quick to deny coverage on the grounds that the policy in question excludes cyber-related events. Our lawyers are well versed in complex insurance policy language and will analyze all terms and provisions of the insurance contract to combat improper denials by the insurance company. Whether we are working to negotiate a fair resolution or litigating the matter in court, our legal team is focused on making certain that the insurance carrier lives ups to its obligation to protect and defend our client against these types of high exposure claims.

Contact Ver Ploeg & Lumpkin

If you are faced with a coverage dispute with your insurance carrier involving a cyber liability claim, the attorneys at Ver Ploeg & Lumpkin are well qualified to handle the matter. Our legal team will carefully evaluate your situation and work to obtain a successful resolution on your behalf. To schedule a consultation with a Miami insurance recovery attorney at our firm, contact our offices today at 305-577-3996 or by email.

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