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Cyber-Insurance Credit: Den Rise/Shutterstock.com

Adding insult to injury, businesses victimized by a cyber-incident—data breaches, cyber-attacks, ransomware, etc.—due to no fault of their own, may also have little or no recourse to recoup their losses. More often, after a cyber-incident, businesses are left not only with their first-party losses, but may also face third-party claims from customers and contractual counter-parties. As such, businesses should carefully analyze whether they have potential products liability claims that may be asserted where software (and hardware affected malware) defects played a role in the cyber-attack. Such claims should be pleaded carefully to maximize the company’s ability to access a putative defendant’s products liability insurance coverage.

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