CYBER INSURANCE

Kane v. Syndicate 2623-623 Lloyd’s of London, 2025 N.M. App. LEXIS 38 (N.M. Ct. App. June 16, 2025)

New Mexico appeals court holds that the language of a cyber insurance policy providing liability coverage “for” a security breach* is ambiguous and, therefore, must be construed broadly to cover a breach-of-contract claim against the insured “because of,” “resulting from,” or “on account of” a security breach. It reasoned that, because the policy did not define “for,” it was appropriate to consider other language of the policy, dictionary ... Continue Reading

MOLD EXCLUSION

American Guar. & Liab. Ins. Co. v. Victory Highlands Condo. Ass’n, 2024 N.J. Super. Unpub. LEXIS 3128 (N.J. Super. Ct., App. Div., Dec. 26, 2024)

New Jersey appeals court concludes that claims by a condominium resident alleging injury from indoor exposure to mold did not fall within a “consumption” exception to mold exclusions* in CGL policies where the resident demonstrated only that mold was present on his food and not that he was injured by eating mold on the food. It reasoned that, if the resident needed to prove only that there was mold on his food, and not that he ... Continue Reading

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