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Cyber Risks and Insurance Coverage Decisions in 2022


We are pleased to present our Compendium of decisions rendered by U.S. courts in 2022 on the emerging law of insurance coverage for cyber risks.

In 2022, for the first time, there were several decisions construing common provisions in affirmative cyber coverages.  The courts construed provisions on data breaches, business impairment, crime coverage, and the interaction between indemnification and self-insured retentions. Their constructions were at times surprising.  This suggests the need to consider reviewing the language of some key provisions.

Other 2022 decisions concerned “silent cyber,” addressing claims under various lines of business for the costs of issuing replacement payment cards, the costs of migrating data, ransomware, and cryptocurrency.

On related privacy issues, again under traditional non-cyber policies, there were important coverage decisions concerning the Illinois Biometric Privacy Act, the Telephone Consumer Protection Act, and the Driver’s Privacy Protection Act. 

The Compendium can be found here.