Experience

• Anderson Kill represents DialAmerica in pursuit of coverage for a ransomware attack. We have helped the client receive payments of $5 million in primary coverage under a dedicated cyber policy for forensic analytics expenses and business interruption losses, as well as $1 million in excess coverage and are now seeking several million additional dollars in negotiation with the cyber excess insurance company.
• Representation in a multi-million-dollar recovery in a landmark U.S. Court of Appeals decision on behalf of a retailer that suffered a data breach as a result of a computer hack. Rejecting the insurance company’s “direct loss” defense, commonly cited in such cases, the court instead applied a proximate cause standard — a valuable precedent for businesses purchasing fidelity, crime and financial institution bond coverage.
• Anderson Kill represents a law firm seeking insurance coverage under professional liability, errors and omissions, and cyber liability insurance policies for a ransomware attack and exfiltration of data. Anderson Kill succeeded in convincing the two insurance companies that denied coverage for the ransom to reverse their denial of coverage. The matter is ongoing and will result in the policyholder being made whole for their loss.
• Represented a client seeking coverage under a crime policy for a cyber theft of funds that were supposed to be transferred to a client but were transferred to a thief because of fraud. The insurance company raised numerous policy provisions in order to deny coverage entirely. This cyber loss involved insurance coverage issues that are rapidly evolving and regularly reported on, including for coverage involving fraud through the use of a policyholder’s computer system regarding wire transfers. The case was  settled efficiently in 2022.
• Represented a large engineering firm who suffered a cyber-attack on its electronic data storage facility which overrode a backup system and led to file system corruption. Client data was stolen and internal billing information was destroyed. We compelled the insurance company to pay under an all-risk property policy the client’s claims for replacement of the servers in the storage facility, client credit monitoring and the client’s business interruption loss.
• Represented an entertainment company client who was sued in class litigation by users of its on-line service for trespass and invasion of privacy arising from its provision of information concerning user on-line viewing patterns to third parties. Insurance companies under consecutive policies denied coverage on a variety of grounds. We were able to trigger both policies and recover the costs of defending and settling the lawsuit against the client.
• Represented a national retailer that was sued pursuant to a California statute that made it illegal to ask a customer who was paying by credit card for personal information.
  Successfully obtained coverage under the client’s cyber insurance policy.
• Counseling a hotel company that had a major data breach on insurance coverage.
• Represented a resorts and casino operator in connection with property damage and business interruption losses under cyber security and first party property policies.