Cyber Insurance
Connecting the technical account of a cyber event with policy coverage, legal liability and the claimed loss.
A cyber event can generate several distinct insurance questions: what happened, which cover may respond, whether a third party has a sustainable claim and what loss is supported by the evidence. We advise and represent clients on these issues, keeping the technical investigation and the legal analysis aligned as the factual picture develops.
- Coverage analysis
- Business interruption
- Third-party liability
- Technical evidence
Identifying the cover potentially engaged
We examine the event against the wording of the relevant policy, including definitions, exclusions, conditions, notification requirements and limits. Depending on the cover purchased, questions may concern data compromise, system unavailability, incident-related expenditure or interruption to business. We distinguish the existence of an event from the separate question of whether a particular category of cost or loss is insured.
Causation and the measure of loss
Incident timelines, forensic findings, system records and financial information are examined together. Our analysis tests the causal connection between the event and the amounts claimed, the period of disruption, the basis of restoration costs and the treatment of other contributing causes. Technical specialists’ conclusions are assessed for the assumptions they contain and the legal questions they do, or do not, resolve.
Third-party claims and the evidential record
Where a cyber event produces claims by customers, counterparties or other affected persons, we assess the alleged duty, breach, causation and recoverable loss. Particular attention is given to contractual obligations, the handling of relevant documents and the relationship between individual allegations and wider proceedings. Liability analysis is kept distinct from the insurer’s coverage position.
A defined legal role
Our role is to advise on the insurance and dispute aspects of the incident and to identify the evidence needed for those decisions. Where forensic, privacy or other specialist input is necessary, we define the questions requiring that input within the agreed engagement. Recommendations are updated as the investigation clarifies the nature and extent of the exposure.