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Cyber Risks Insurance
Cyber Risks Insurance
Law and Practice
1st Edition
Practice Area:  Insurance Law
ISBN:  9780414070349
Published by:  Sweet & Maxwell
Publication Date:  04 Jul 2019
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION

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Heightened awareness of cyber security and the need to identify vulnerable assets makes Cyber Risks Insurance an invaluable reference. This new title is a comprehensive text clarifying the law and practice of cyber insurance. Written in an accessible and practical style designed to help you find answers quickly, it adopts a UK perspective with additional comparative analysis of the most significant cases in the USA. Complete with sample clauses from leading industry organisations including the Lloyd’s Market Association and International Underwriting Association, this is your definitive guide to understanding the law of cyber risks insurance.


The following extract is taken from the Foreword:

“The book sets about examining, with reference to authority from both sides of the Atlantic, the nature of the legal issues likely to be thrown up. It does this against a well-informed examination of the forms of wording and practices found in the insurance and reinsurance market. This examination and the greater awareness which it will help generate are important. A veil of ignorance is desirable for decision-makers, but a cloud of ignorance, or ignorance about the cloud, is not desirable for those involved with cyber risks. Celso de Azevedo’s work therefore comes at an opportune time.”

- Lord Mance, former Deputy President of the Supreme Court of the United Kingdom


Key features:
  • Provides comprehensive guidance on the law of cyber risks insurance and its practical application.
  • Explains cyber risks exposures, cyber security assessment, and the insurance coverage necessary to protect you.
  • Sample exclusion clauses issued by the Lloyd’s Market Association, International Underwriting Association and other leading industry organisations.
  • Includes a selection of practical clauses on issues such as cyber non-aggregation, information technology hazards, terrorism, ransom, and cyber-attacks.
  • Takes a detailed look at cyber risks modelling, reinsurance and the underwriting of cyber risks.
  • Addresses first party coverage issues including those relevant to network security breaches.
  • Commentary on third party liability coverage including privacy and media liability issues.
  • Looks at silent cyber exposure, coverage and exclusions (e.g. CL380 and NMA2914/5) including property, construction, marine, and liability lines of insurance.
  • Covers cyber incidents, claims issues and the emergence of court disputes in this area – with comparative analysis of US cases.
  • Discusses the extent of cyber crime coverage including the crimes of extortion and fraudulent transfer of funds, among others.
  • Examines the GDPR regime and new procedural requirements for compliance as well as the criteria for data breach notification and for the insurability of fines.
  • Explains business interruption coverage and key issues such as gross profit and revenue, period of coverage, trends clauses, and extended reputation coverage.
  • Outlines the state of the standalone cyber insurance market along with the growing risks and future developments.
  • Written from a UK perspective with additional analysis of the most relevant US cases as well as the legal positions in Australia and New Zealand.

CONTENTS

  1. Cyber Risks Assessment and Underwriting
  2. Silent Cyber Exposure and Tangible Property
  3. Silent Cyber Exclusions
  4. First Party Coverage in Standalone Cyber Policies
  5. First Party Coverage: Data Breach Notification, Regulatory Fines and the GDPR
  6. Cyber Business Interruption Coverage
  7. Third-Party Liability Cover
  8. Cyber Crime Coverage
  9. Exclusions
  10. Claims
  11. Cyber Risks Reinsurance, Modelling and Accumulation

REVIEWS

“There is need for the sort of work undertaken by Mr de Azevedo in his excellent book, which draws on US cases for some insight into the issues that can arise and looks both at analogous English cases and underwriting practice. This is a rapidly developing and important market… the author should be congratulated for embarking on this work and for pioneering this sub-species of insurance law.”  (Philip Rawlings, Computer & Telecommunications Law Review)

“A veil of ignorance is desirable for decision-makers, but a cloud of ignorance, or ignorance about the cloud, is not desirable for those involved with cyber risks. Celso de Azevedo’s work therefore comes at an opportune time.”  
(Lord Mance, Foreword)
 
“The reviewer will certainly feel more confident about working his way through a cyber risk policy and highlighting to clients areas to watch out for and the likely limitations of such policies as a result of reading this accessible yet authoritative book.”  (Simon Stokes, Journal of Business Law)

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