Cyber Claims and Acts of War
Audience
Claims Professionals, In-House Counsel, Brokers and Risk Managers
Where
This is an online event.
Speakers:
Partner
Touchstone Bernays
Texas - Dallas
Counsel
Shafer Partners, LLP
Downstate New York / New Jersey
Moderator
Speakers:
Partner
Touchstone Bernays
Texas - Dallas
Counsel
Shafer Partners, LLP
Downstate New York / New Jersey
Moderator
Downstate New York / New Jersey
Downstate New York / New Jersey
Contact
Howard S. Shafer, PresidentYour House Counsel®
212-942-4200
hshafer@yourhousecounsel.com
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Could a Cyber Insurance claim for Business Interruption be denied under an Act of War exclusion provision?
On February 24, 2022 at about 6am Moscow/Kyev time, a Russian cyber attack disabled a satellite-based internet service that covered Western Europe and part of North Africa. The Ukraine Police and Armed Forces were known users of that particular service, and the Russian Aerospace and Ground Forces had started invading Ukraine about one hour earlier.
More than 30,000 customers across Europe and Africa were affected by the outage, including Enercon, a German energy utility that controlled 5,800 wind turbine towers using this service, and for whom nearly 90 days were needed to restore full service.
This session will review the details and consequences of the KA-SAT cyber attack, the federal precedents for upholding or denying an Act of War insurance exclusion provision, and the applicability of these precedents in both cyber warfare and armed conflict.
Learning Objective:
- Caselaw precedents for the applicability of a Hostile/Warlike Action Exclusion
- Contexts for cyber attacks for which cyber coverage may be affected
- Reasonable expectations of Insureds from policy terms
