Policyholders' Hack Coverage Hopes Surge With Landry's Win


Joshua Gold was recently quoted in a Law 360 article regarding hack coverage and the recent decision by the Fifth Circuit Court of Appeals.

On the other hand, Josh Gold of Anderson Kill, who represents policyholders, told Law360 the Fifth Circuit "got it right" in its definition of publication. He also said the finding is consistent with the Fourth Circuit's influential holding in Travelers Indemnity Co. v. Portal Healthcare Solutions.

In Portal, the Fourth Circuit found the insurer had to defend a medical records company in two class actions over a data breach that caused customers' medical information to be accessible by unauthorized users online.

"There's great consistency between the two decisions even though you've got different circumstances," Gold said.

"The whole purpose of insurance is to insure," said Gold of Anderson Kill. "The takeaway for policyholders is that coverage under personal injury insurance is too be broadly construed, not narrowly construed."

"The court said we are not rewriting the insurance to be narrower than what is actually on the printed page, which was a good analytical approach and rationale if you're a policyholder," Gold explained.

And Gold explained that the ruling will be helpful because, in recent years, insurers have started to shift on what policies will provide coverage for personal injury claims rooted in cybersecurity incidents.

"The decision just tells you that when you're looking down the barrel of a $20 million lawsuit, it's very nice to have that coverage in whatever insurance product you can find it," he said.

Click here for the full article.

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Cyber Insurance Recovery Attorney | Anderson Kill P.C.
Joshua Gold
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