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Articles by Jane E. Warring
The Cost of Losing Your Cool: Tally the Losses of a Supermarket Cyberattack
Insurance and Financial Implications of France‘s Supermarket Refrigeration Cyberattack Keeping things cool is generally a good idea in the supermarket business. When a cyberattack reportedly interferes with refrigeration systems, the consequences can extend well beyond a few melted ice creams. The recent incident affecting French supermarkets raises complex questions about insurance coverage and, just as importantly, how to put a price on the resulting financial losses. What happened?
The Cost of Losing Your Cool: Tallying the Losses of a Supermarket Cyberattack
by Jane Warring, Katharina Kraatz-Dunkel, Tom Papa, and Cameron Christie (C. Lewis Company) Keeping things cool is generally a good idea in the supermarket business. When a cyberattack reportedly interferes with refrigeration systems, the consequences can extend well beyond a few melted ice creams. The recent incident affecting French supermarkets raises complex questions about insurance coverage and, just as importantly, how to put a price on the resulting financial losses. What happened?
Viewpoint: Prudent or Not, an Insured’s Extra Expense Must Be Strictly ‘Necessary’ | JD Supra
In a well-reasoned recent opinion, an Illinois appellate court strictly construed a cyber policy, ruling that reasonable—but contractually unnecessary—payments made by an insured following a cyberattack did not constitute insured “extra expense.”[1] While the decision is designated as “unpublished,” it is an important decision for both cyber insurers and insureds alike.
Viewpoint: Prudent or Not, an Insured’s Extra Expense Must Be Strictly ‘Necessary’
In a well-reasoned recent opinion, an Illinois appellate court strictly construed a cyber policy, ruling that reasonable—but contractually unnecessary—payments made by an insured following a cyberattack did not constitute insured “extra expense.” While the decision is designated as “unpublished,” it is an important decision for cyber insurers and insureds alike.
A Cautionary Tale for Contractors: Illinois Court Strictly Enforces Cyber Exclusion | JD Supra
While cyber liability coverage decisions are usually few and far between, courts in two jurisdictions have issued buzzworthy rulings this summer. After a New Mexico court issued a troubling, results-oriented decision inKane v. Beazleyearlier this summer, an Illinois appellate court reached a well-reasoned ruling on July 28 in another cyber liability coverage case:Certain Underwriters atLloyd’s London Subscribing to Policy No. PSK013943706 v.
A Cautionary Tale for Contractors: Illinois Court Strictly Enforces Cyber Exclusion
by Jane Warring and Kristin Suga Heres While cyber liability coverage decisions are usually few and far between, courts in two jurisdictions have issued buzzworthy rulings this summer. After a New Mexico court issued a troubling, results-oriented decision inKane v. Beazleyearlier this summer, an Illinois appellate court reached a well-reasoned ruling on July 28 in another cyber liability coverage case:Certain Underwriters atLloyd’s London Subscribing to Policy No. PSK013943706 v.
N.M. Cyber Ruling Will Spur Litigation As Coverage Remedy | JD Supra
Law360 July 9, 2025 A June 16 appellate decision involving the construction of a cyberinsurance policy demonstrates a concerning lack of judicial understanding about the nature and scope of cyber liability coverage and implicitly incentivizes policyholders to manufacture litigation to avoid contractual limitations on other cyber coverages. In Kane v.
NM Cyber Ruling Will Spur Litigation As Coverage Remedy
By Sign up now By Jane Warring and Kristin Heres · A June 16 appellate decision involving the construction of a cyberinsurance policy demonstrates a concerning lack of judicial understanding about the nature and scope of cyber liability coverage and implicitly incentivizes... To view the full article, register now.
NM Cyber Ruling Will Spur Litigation As Coverage Remedy
By Jane Warring and Kristin Heres ( July 9, 2025, 3:42 PM EDT) -- A June 16 appellate decision involving the construction of a cyberinsurance policy demonstrates a concerning lack of judicial understanding about the nature and scope of cyber liability coverage and implicitly incentivizes policyholders to manufacture litigation to avoid contractual limitations on other cyber coverages.... Law360 is on it, so you are, too.
N.M. Cyber Ruling Will Spur Litigation As Coverage Remedy
By Sign up now By Jane Warring and Kristin Heres · A June 16 appellate decision involving the construction of a cyberinsurance policy demonstrates a concerning lack of judicial understanding about the nature and scope of cyber liability coverage and implicitly incentivizes... To view the full article, register now.
N.M. Cyber Ruling Will Spur Litigation As Coverage Remedy
By Jane Warring and Kristin Heres ( July 9, 2025, 3:42 PM EDT) -- A June 16 appellate decision involving the construction of a cyberinsurance policy demonstrates a concerning lack of judicial understanding about the nature and scope of cyber liability coverage and implicitly incentivizes policyholders to manufacture litigation to avoid contractual limitations on other cyber coverages.... Law360 is on it, so you are, too.
N.M. Cyber Ruling Will Spur Litigation As Coverage Remedy
By Jane Warring and Kristin Heres ( July 9, 2025, 3:42 PM EDT) -- A June 16 appellate decision involving the construction of a cyberinsurance policy demonstrates a concerning lack of judicial understanding about the nature and scope of cyber liability coverage and implicitly incentivizes policyholders to manufacture litigation to avoid contractual limitations on other cyber coverages....
NM Cyber Ruling Will Spur Litigation As Coverage Remedy
By Jane Warring and Kristin Heres ( July 9, 2025, 3:42 PM EDT) -- A June 16 appellate decision involving the construction of a cyberinsurance policy demonstrates a concerning lack of judicial understanding about the nature and scope of cyber liability coverage and implicitly incentivizes policyholders to manufacture litigation to avoid contractual limitations on other cyber coverages....
N.M. Cyber Ruling Will Spur Litigation As Coverage Remedy
by Jane Warring and Kristin Suga Heres A June 16 appellate decision involving the construction of a cyberinsurance policy demonstrates a concerning lack of judicial understanding about the nature and scope of cyber liability coverage and implicitly incentivizes policyholders to manufacture litigation to avoid contractual limitations on other cyber coverages. In Kane v.
Home Depot Ruling Tolls Death Knell For 'Silent Cyber' | JD Supra
Law360, April 10, 2025 A Jan. 13 decision out of the U.S. Court of Appeals for the Sixth Circuit is one more nail in the coffin of "silent cyber." In Home Depot Inc. v.
Home Depot Ruling Tolls Death Knell For 'Silent Cyber' - Law360
ADVERTISEMENT Don't want ads? Subscribe or login now. By Jane Warring and Jackson Griner ( April 10, 2025, 2:52 PM EDT) -- A Jan. 13 decision out of the U.S. Court of Appeals for the Sixth Circuit is one more nail in the coffin of "silent cyber."... A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
Home Depot Ruling Tolls Death Knell For 'Silent Cyber' - Law360
ADVERTISEMENT Don't want ads? Subscribe or login now. By Jane Warring and Jackson Griner ( April 10, 2025, 2:52 PM EDT) -- A Jan. 13 decision out of the U.S. Court of Appeals for the Sixth Circuit is one more nail in the coffin of "silent cyber."... A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
Home Depot Ruling Tolls Death Knell For 'Silent Cyber'
Law360 April 10, 2025 ByJane Warring and Jackson Griner A Jan. 13 decision out of the U.S. Court of Appeals for the Sixth Circuit is one more nail in the coffin of "silent cyber." In Home Depot Inc. v.
Further Clarity Regarding Coverage for Funds Transfer Fraud | JD Supra
At this point, your IT department has almost certainly warned you to approach your e-mail inbox with skepticism--for good reason. Cybercriminals regularly and effectively impersonate our legitimate contacts for illegitimate gain. They may be targeting your servers and systems—through attacks like malware, ransomware, viruses, and hacking—or they may just be targeting you to authorize transmission of your company’s data and money without ever infiltrating your computer.
Further Clarity Regarding Coverage for Funds Transfer Fraud
By Alex Cogbill and Jane Warring At this point, your IT department has almost certainly warned you to approach your e-mail inbox with skepticism--for good reason. Cybercriminals regularly and effectively impersonate our legitimate contacts for illegitimate gain.
How Ohio Software Ruling Implicates Crypto Insurance Claims | JD Supra
Law360 January 11, 2023 To read this article in PDF format, please click here. In the last week of December 2022, the Ohio Supreme Court published a much-anticipated decision in the EMOI Services LLC v. Owners Insurance Co. case.[1] The decision was bold, and the court made no attempt to limit its holding to the facts or language at issue in EMOI. Rather, the court announced a bright-line rule: Software can never be physically damaged.
What To Expect In Builder's Risk Insurance Claims In 2023 | JD Supra
Law360 January 4, 2023 [co-author: Michael Haugen*] To read this article in PDF format, please click here. With interest rates on the rise, sticky inflation, few signs of a cooling labor market, and continued instability in Russia, China and beyond affecting energy prices and exports, the builder's risk insurance industry is in store for more complex claims in 2023.
Reach Of Ohio Ransomware Ruling Limited To Policy At Hand | JD Supra
Law360 Insurance Authority January 19, 2022 To read this article in PDF form, click here. We are still in the relatively early stages of jurisprudence addressing the insurability of loss stemming from data breaches. Compared to the more developed body of case law interpreting coverage provisions and exclusions contained in more traditional property insurance policies, case law exploring coverage issues under so-called silent cyber or stand-alone cyber policies is sparse.
Cyber Rulings Aren't Helping COVID Biz Interruption Cases | JD Supra
Insurance Law360 November 4, 2021 To read this article in PDF format, please click here. Along with seeking to analogize COVID-19 physical loss or damage to that in the fumes or contaminants context, policyholders are now also attempting to rely on cases discussing the bounds of physical loss or damage in the context of data breaches.
Loss during vacancy: When will renovation or construction activity defeat a vacancy exclusion?
Many commercial and homeowner policies contain provisions addressing vacancy. Often these provisions exclude coverage for property that is or becomes vacant during the policy term with exceptions for property under construction or renovation. Whether these exclusions and exceptions apply depends on the facts of each case, and courts have issued varying opinions.
How to avoid insurance coverage disputes following electric and gas outages
New York, NY, USA - October 31, 2012: On the second night without power, the Lower Manhattan skyline appears as a silhouette over the East River from Brooklyn Heights promenade. The Hurricane Sandy storm surge combined with spring tides at the full moon caused the East River to flood and disable vital power supply equipment at the 14th Street Con Edison plant.
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