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Morgan Churma's complex business litigation practice centers on representing corporate policyholders with insurance recovery and bad faith disputes up to and through trial. He has challenged reservation of rights and denial of coverage positions from insurers under cyber security, directors and officers, errors and omissions, general liability, employment practices, and municipal liability policies. Morgan also counsels clients in pursuing coverage under a variety of insurance policies.

 

Our lives and the products and devices we use become more dependent on data by the day. As a result, cyberattacks and data breaches present everchanging risks to companies and individuals, and the importance of applicable insurance never has been more important. While companies historically sought coverage for losses under traditional CGL, D&O, E&O, commercial crime, and business interruption policies, their mixed results––coupled with new exclusions singling out electronic data––have led to increasing need for cyber-specific coverages. However, as evidenced by Minnesota District Court’s recent decision in Target Corporation v. ACE American Insurance Company, 2022 WL 848095 (D. Minn. Mar. 22, 2022), CGL policies still may be in play where damages result from the inability to use tangible property.
Continue Reading Continuing Use of CGL Policies to Cover Data Breach Losses