Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm News
Author: Scarinci Hollenbeck, LLC
Date: June 30, 2015
The Firm
201-896-4100 info@sh-law.comBut is having a cyber insurance policy a wise choice to protect your company in the wake of a costly data breach? One danger is that the policy tries to limit its exposure by imposing requirements that may be practically impossible to administer.
As an example, in California, Columbia Casualty Co., a member of the CNA Group, is seeking to enforce an exclusion in its policy that requires its insured to meet “minimum required practices.”
The lawsuit stems from a data breach suffered by Cottage Health System, which involved approximately 32,500 confidential medical records. According to court documents, Cottage Health Systems and its third-party vendor failed to implement proper security measures, such as data encryption, to protect patient data that was accessible via the Internet. A resulting class-action lawsuit settled for $4.1 million, which Columbia Casualty agreed to fund subject to a complete reservation of rights.
In Columbia Casualty Company v. Cottage Health Systems, No. 2:15-cv-03432, the insurance company is now seeking reimbursement based on a policy exclusion stating:
“Any failure of an Insured to continuously implement the procedures and risk controls identified in the Insured’s application for this Insurance and all related information submitted to the Insurer in conjunction with such application whether orally or in writing…”
Columbia Casualty maintains that because the healthcare company failed to monitor and continuously update its cybersecurity protocols, insurance coverage should be excluded. It points to representations that Cottage Health Systems allegedly made in its application – notably that the company regularly evaluated its exposure to data security and privacy risks.
For businesses that hope to rely on cyber insurance in exactly this type of situation — where the company or another third party’s negligence inadvertently leads to a data breach — the suit is troublesome as it appears to eviscerate the very protection many companies are seeking.
In terms of case law, cyber insurance is still relatively new. As a result, there may be little existing case law interpreting the relevant exclusions. To assess your rights and obligations under a cyber insurance policy, it may be prudent to review the terms and consult with experienced counsel to try to anticipate significant coverage concerns.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Three Scarinci Hollenbeck NYC Attorneys Earn Prestigious Honor Legal rankings publisher Super Lawyers has named three lawyers from Scarinci Hollenbeck’s New York office to its 2026 New York Metro Super Lawyers list. The firm congratulates Ryan O. Miller, Angela A. Turiano, and John D. Giampolo for this notable accomplishment. The Super Lawyers patented selection process […]
Author: Scarinci Hollenbeck, LLC

Firm Continues Investment in Business Law, Bankruptcy & Restructuring, Litigation, and Real Estate to Meet Evolving Client Demands Scarinci Hollenbeck new partners John D. Giampolo and George A. McGowan, III are joining the firm, alongside Counsel Graham K. Staton and Senior Associate Amanda M. Kronemeyer. The four additions reflect Scarinci Hollenbeck’s continued investment in the […]
Author: Scarinci Hollenbeck, LLC

GlobeSt editors recognize Scarinci Hollenbeck partner as one of the most accomplished and influential leaders in NYC commercial real estate Scarinci Hollenbeck, LLC is pleased to announce that Ryan O. Miller, Partner in the firm’s New York office and a leading voice in NYC commercial real estate, has been selected by the editors of GlobeSt […]
Author: Scarinci Hollenbeck, LLC

Partner Donald M. Pepe Guides Approval of 840-Unit Tower with Affordable Housing and Community Amenities in Jersey City’s Journal Square Scarinci Hollenbeck, LLC is pleased to announce that Partner Donald M. Pepe recently secured Journal Square land use approvals for a transformative 55-story mixed-use development located at 2859-2873 John F. Kennedy Boulevard, one of Jersey […]
Author: Scarinci Hollenbeck, LLC

Scarinci Hollenbeck Partner Brian D. Spector has spent over 40 years building a distinguished career in bankruptcy and creditors’ rights law. Along the way, he also became a Tony Award™-winning Broadway producer. In January 2027, that second career reaches a new milestone in London, where Wild About You, the new musical he has been developing […]
Author: Scarinci Hollenbeck, LLC

Scarinci Hollenbeck Attorneys Named to New Jersey Super Lawyers 2026 and Rising Stars Lists Scarinci Hollenbeck is pleased to announce that several of its attorneys have been selected for inclusion in the New Jersey Super Lawyers 2026 and Rising Stars lists. The annual recognition highlights attorneys who have attained a high degree of peer recognition […]
Author: Scarinci Hollenbeck, LLC
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!