The Cyber Insurance Imperative

AI AND LEGAL PRIVILEGE: A CAUTIONARY TALE. In this episode, David discusses the implications of a recent decision in a Federal case involving the use of AI by a criminal defendant in preparing his legal arguments, and why in-house counsel should take heed, but not panic.

AI PUTS INSURANCE AT A CROSSROADS. In this episode, David sits down with veteran insurance broker Elisabeth Case to discuss a way forward for the market to underwrite the risks associated with Artificial Intelligence across all lines of coverage.

WORDING MATTERS: In this episode, David sits down with Rick Bortnick of Wilson Elser and Daniel Waldman of Starr Insurance to discuss a recent Federal decision outlining the rules of engagement around vendor liability and underscoring the importance of contract wording.

NO IF'S, AND'S OR "BUT FOR'S". A decision out of a Federal district court gives a boost to an airline's contention that its cyber insurance carrier interpreted policy wording too narrowly, keeping the airline's claim for business interruption loss alive. In this episode, David explains why this is good news not only for policyholders but for the cyber insurance marketplace's long-term viability.

SNOWED IN? For those who couldn't make it to the American Bankers Association Insurance & Risk Management Forum in Orlando this week, David provides a summary of his coverage and contract wording recommendations to help Financial Institutions better manage cyber risk around their vendor relationships.

ALL OVER THE MAP. A recent settlement of a potential class action involving pixel tracking shows that plaintiffs are getting enough traction in these claims to realize a payoff. In this episode, David discusses the rationale for settling such matters and the importance of having the right Cyber insurance coverage to navigate these claims.

COULD IT HAPPEN HERE? As tensions mount between the U.S. and Iran, the prospect of Cyber warfare has come into focus. In this episode, David discusses what the U.S. government is telling businesses to do to safeguard against cyberattacks, and explains why the dreaded "war exclusion" may not necessarily preclude coverage for such incidents under many Cyber insurance policies.

WHERE CYBER RISK AND D&O LIABILITY CONVERGE: A federal lawsuit brought against board members and executives of an e-Commerce company alleges that lapses in cybersecurity led to a data breach and subsequent missteps by the company that resulted in a decline in stock price. In this episode, David discusses the allegations in the complaint, as well as the importance of marrying coverage across multiple policies to protect Directors and Officers tasked with managing Cyber risk.

NEW YORK TELLS WASHINGTON : FUHGEDDABOUDIT! Days after President Trump signed an Executive Order designed to tamp down on state efforts to enact AI legislation, lawmakers in Albany defied Washington by enacting a new law with stringent notification requirements and the ability to assess fines for noncompliance. In this episode, David discusses the tension between state and federal enforcement efforts and what businesses can do to navigate this challenging risk landscape.

TRUMP TRUMPS STATES ON AI. The Executive Order issued by the President last week establishes a national standard for the development of Artificial Intelligence. In this episode, David breaks down the EO and discusses why it may be good news for businesses attempting to navigate a minefield of conflicting state laws. David also explains why AI presents risks that reach beyond the four corners of your Cyber insurance policy.