Cybersecurity coverage issues began to arise approximately 20 to 25 years ago, when computers started becoming ubiquitous in the workplace. Historically, the coverage issue was metaphysical in nature: What is “data,” exactly? Could data constitute tangible property, for coverage under traditional commercial general liability (CGL) policies? Could data loss constitute a direct physical loss, for coverage under first-party property policies? These issues continue to arise today, as not all insureds purchase cyber liability policies and instead—or in addition—may seek coverage under traditional policies in case of a cyber breach.

Click here to read the full article on the American Bar Association* website.

Subscription-based publication