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Amy Malish’s article, first presented at the 2018 America Bar Association’s FSLC Fall meeting, will appear in the Tort, Trial & Insurance Practice Law Journal’s Fall 2019 Issue

Titled, “Navigating Cyber Coverages for Modern Day Cybercrimes,” Ms. Malish’s article addresses new developments in cybercrime coverage, including a discussion of cyber extortion and other “hybrid” claims involving both hacking and social engineering fraud.  Challenged by the growing, but inconsistent, body of case law addressing traditional “hacking” losses, fidelity insureds and insurers are increasingly faced with “hybrid” cyber claims in which the fraudster hacks the insured’s computer system while also utilizing social engineering tactics.  These types of claims present new challenges to the fidelity landscape as bond and commercial crime forms never intended to cover losses caused by traditional social engineering schemes.  Ms. Malish’s article discusses the technology behind these new threats, recent decisions involving coverage disputes involving hybrid schemes as well as best practices as to how these new types of claims should be handled under current fidelity coverage forms.

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