Hunton Insurance Recovery Blog

Hunton & Williams insurance lawyers, Mike Levine and Sergio Oehninger, were quoted today in a Law360 article analyzing the impact of the recent decision in P.F. Chang's bid for coverage for certain losses stemming from a 2013 cyber breach. In a June 1, 2016 blog post, Levine and Oehninger criticized the court's decision and forewarned policyholders that disputes of this sort are likely to be common, given the continually evolving nature of cyber coverages. According to Levine in a subsequent comment, "until insurance markets arrive at policy language that clearly sets forth the coverage being marketed and sold, policyholders will be left to question whether denials or limitations on claims are justified.” Levine and Oehninger remind policyholders, therefore, that they should consult with knowledgeable coverage lawyers both when procuring cyber coverage and when submitting cyber-related claims, so that the policyholder's unique circumstances are adequately addressed under their insurance program and that any claims are properly considered and paid by their insurers.