Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: August 18, 2014
The Firm
201-896-4100 info@sh-law.comFor those companies hoping to rely on commercial general liability (CGL) policies, it’s likely time to think again. While older policies were unclear regarding whether coverage existed for cyberattacks and data breaches, insurance companies are increasingly including policy language that expressly excludes these types of losses.
For example, the CGL policies issued by Insurance Services Office, Inc., which provides the form contracts used by many insurance providers, now contain exclusions for cyberattacks and other forms of data breaches. One such provision disclaims coverage for damages related to “access to or disclosure of any person’s or organization’s confidential information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information.”
While cyber insurance policies were once reserved for billion-dollar companies operating in high-risk industries, one in three businesses now carries insurance intended to cover data breach losses. According to New York insurance brokerage firm Marsh, LLC, the sale of cyber insurance polices increased 20 percent in 2013. The high-profile Target breach also convinced many companies that were debating such policies to take action.
As we have previously highlighted on this Business Law Blog, the costs of data breaches are skyrocketing. Ponemon Institute’s 2014 Cost of Data Breach Study found that the average cost of a data breach was $3.5 million last year, representing a 15 percent increase over 2012 figures. Accordingly, having insurance coverage to cover the costs of providing credit monitoring, defending potential lawsuits, and hiring crisis management professionals can be extremely valuable. Therefore, if your business currently relies exclusively on a CGL policy to provide comprehensive risk management, it may be time to explore your other options.
Part of my practice covers protecting businesses from pitfalls in their insurance coverage. Our firm also has a Cyber Security and Data Protection group, chaired by Partner, Fernando Pinguelo. If you have any questions about this post or would like to discuss your company’s insurance coverage, please contact me, Charles Yuen, or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]
Author: George McGowan

Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]
Author: George McGowan

Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]
Author: George McGowan

Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]
Author: George McGowan

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Author: Marc J. Comer

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
Author: Marc J. Comer
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!