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Insurance Coverage for Data Breaches

OnDemand Webinar (88 minutes)

Maximize your company's insurance coverage in the event of a data breach or network intrusion.In this age of digitization and increasing global connectivity, businesses in all industries are increasingly vulnerable to data breaches and network intrusions. A privacy event involving a company's loss, theft or inadvertent disclosure of data, whether from employees, users or customers, implicates a complex web of state and federal laws and regulatory frameworks. On top of this, the often-required public disclosure of a company's loss, theft or inadvertent disclosure of data is likely to invite demands, litigation or a government investigation. In other words, data breaches and network intrusions can become very expensive problems for a business. This webinar provides business leaders, in-house counsel, risk managers, and privacy professionals with the tools to understand how to maximize your company's insurance coverage in the event of a data breach or network intrusion. We will first focus on the types of claims likely to arise out of a data breach or network instruction and the aftermath, followed by a discussion on the core types of insurance coverage that are likely to respond to a data breach, network instruction and any claims, lawsuits, or investigation that follow. The program will close by providing best practices on how to prepare and report claims to your company's insurer(s) and by briefly discussing ways to leverage commercial agreements to provide additional avenues to obtain insurance coverage in the event of a data breach or network intrusion. This information will help you to better prepare your company to anticipate and respond to an inevitable data breach or network intrusion.


James M. Davis, Perkins Coie LLP Bradley H. Dlatt, Perkins Coie LLP


The Rise of Data Breaches

• Understanding the Increased Risks to Your Business

• Why Insurance Matters

Potential Claims Likely to Arise out of a Data Breach

• First Party Claims

- Theft and Fraud

- Investigation Costs

- Cyberextortion

- Computer Data Loss and Restoration

- Business Interruption

- Property Damage

• Third Party Claims

- Regulatory Claims

- Credit and Fraud Monitoring

- Common Law Privacy Claims

- Statutory Privacy and Consumer Protection Claims

Understanding the Types of Insurance That May Respond to a Data Breach Claim

• Commercial General Liability

• Cyber Risk/Cyberliability

• Errors and Omissions Liability

• First Party Property Coverage

• Directors and Officers Liability

• Commercial Crime Coverage

Responding to the Claim: Insurance Reporting Best Practices

• General Best Practices

• Incorporating Insurance Reporting Into Your Data Breach Response Protocol

Finding Additional Insurance From Other Potentially Responsible Parties

• Understanding Your Commercial Agreements and Any Insurance Requirements

• The Importance of Additional Insured Rights