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Patricia O'Connell
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Laura Foggan Discusses Fourth Circuit Ruling on Insurance Coverage for Cyber Claims

April 12, 2016

Laura A. Foggan, chair of Wiley Rein’s Insurance Appellate Group, was quoted in an article published yesterday in Law360 about a ruling by the U.S. Court of Appeals for the Fourth Circuit on whether an insurer must defend a proposed class action related to a cyber breach on behalf of its insured.

According to the article, the Fourth Circuit affirmed a district court ruling that held that an insurer must defend Portal Healthcare Solutions LLC under a commercial general liability (CGL) policy in a case related to a data breach. Some policyholder advocates contend this will lead to more coverage for data breaches under CGL policies.

“This doesn’t look or feel like a big pronouncement,” Ms. Foggan said. “I don’t think the decision signals a sea change where cyber claims will fit themselves into [general liability] policies. It’s going to have a limited impact.”

To read the entire article, click here.