Specialty insurer Beazley sponsored the first Cyber Insurance Catastrophe (CAT) bond recently, a new type of ILS or insurance linked security issued by a Bermuda entity. They announced the $45 million private placement on January 9, 2023. The bonds provide investors with a generous floating rate of interest and a return of principal in one year, provided that no single catastrophic event occurs across Beazley’s portfolio of cyber insurance policies that results in more than $300 million of losses. Any losses above $300 million incurred by Beazley on those policies as a result of that one event would be absorbed by the investors, up to the $45 million principal amount. The deal was marketed under an NDA, so not all of the details are available, but the bonds will not protect against losses from a state-sponsored cyberattack, which is typically excluded from cyber insurance policies as an act of war.
Molly McGinnis Stine
Maryland Joins State Supreme Courts Endorsing Pro Rata Allocation for Long-Tail Losses
The high court of Maryland has endorsed pro rata allocation under CGL policies in an asbestos bodily injury case, affirming the lower court and stating that “[t]he pro rata allocation approach—a longstanding precedent adopted by the [state intermediate appellate court] and a majority of other jurisdictions—is the correct standard.”…
Insurance Considerations Arising From Spinoff Transactions
Since January 1, 2019 there have been approximately 20 spinoff transactions announced. And to date there have been a number of instances of litigation arising out of spinoffs, some of which have insurance-related issues in dispute.…
Join Us – Addressing Cybersecurity Risk in Vendor Management
Third party vendors, outsource providers, and cloud providers are critical to the operations of all organizations. Yet they also introduce a significant cybersecurity risk. Locke Lord’s Privacy & Cybersecurity group will present a complimentary, in-depth review of the key regulatory requirements for vendor cybersecurity, followed by a presentation of a…
Missouri Supreme Court Upholds Pollution Exclusion
The Missouri Supreme Court has unanimously held a pollution exclusion to apply in a dispute between a lead smelting company and one of its insurers. Doe Run Resources Corporation faced litigation alleging that its smelting operations caused pollution that injured various plaintiffs. Doe Run sought defense costs from St. Paul…
Michigan Federal Court Finds No Coverage for Policyholder Duped By Fake Email
A policyholder was tricked by emails ostensibly from a vendor invoicing for work provided and sent $800,000 to the fraudster’s account. In an action filed by the insured, a federal district court for the Eastern District of Michigan has agreed with the insurer there is no coverage for the loss. …
NY Federal Court Finds Coverage for Policyholder Duped By Computer Fraudster
A policyholder was hit by a fraudster that developed emails mirroring the format of the company’s emails and showing knowledge of sensitive company details. Because of the ersatz emails, company employees were tricked into arranging a $4.8 million wire transfer to the perpetrator’s account. The federal district court for the…
Massachusetts Supreme Judicial Court Holds a Duty to Defend Does Not Extend to Affirmative Counterclaims
The Massachusetts Supreme Judicial Court has ruled that under a policy with a duty to defend, “the insurer’s duty to defend does not require it to prosecute affirmative counterclaims on behalf of its insured.” The Court, its Mount Vernon Fire Ins. Co. v. VisionAid, Inc. decision with a 5-2 vote,…
3rd Circuit Upholds Asbestos Exclusion Under Pennsylvania Law
The federal Third Circuit Court of Appeals has enforced a Travelers asbestos exclusion, finding it to be unambiguous. In General Refractories Co. v. First State Ins. Co., the court analyzed language that read: “It is agreed that this policy does not apply to [loss] arising out of asbestos…” General…
Delaware Supreme Court Endorses Single State Choice of Law for Environmental Insurance Coverage Case
The Delaware Supreme Court has endorsed the application of a single state’s insurance law to disputes over coverage under policies issued to a global company for costs associated with environmental waste sites in two states. The Court reversed the lower court which had decided to apply instead the law of…