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Insurance Cases to Watch in the Second Half of 2018

Law360

Insurance attorneys are feverishly awaiting guidance from three federal appeals courts on whether email-based phishing theft schemes trigger coverage under computer fraud insurance policies, as well as decisions from other courts on homeowner's coverage for defective foundations and limitations on defense costs under energy industry policies.

[...]

Blank Rome LLP partner Lisa M. Campisi, who represents policyholders, said the three cases illustrate the discrepancy between insureds' reasonable expectations that policies' computer fraud language will apply to phishing scams and insurance companies' positions to the contrary.

"We all know how rife these phishing scams are, and it is unlikely to get better," Campisi said. "These cases show that insurance companies are keenly interested in managing their exposure for these types of losses. Even if these cases are decided in favor of the policyholders, it will not be the last we hear on these coverage issues."

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"Insurance Cases to Watch in the Second Half of 2018," by Jeff Sistrunk was published in Law360 on June 18, 2018.