On October 27th, 2016, Executive Managing Partner Daniel Garrie published “Is Cyberinsurance Really Worth It? Using ADR to Resolve Cyberattack Disputes” on Law.com. The article is co-authored with Andrew Nadolna, a mediator and arbitrator with JAMS, who has 25 years of experience in the insurance industry as a claims executive and litigator.
While strengthening a company’s cybersecurity posture can make a considerable difference, companies must also prepare for the unfortunate inevitability of a successful cyberattack. Recognizing this risk, companies have turned to cyberinsurance as a tool for mitigating their cybersecurity risks. Unfortunately, uncertainty still exists regarding how courts will interpret this relatively new type of insurance policy. Accordingly, contractual alternatives such as arbitration or mediation are often the most efficient means for resolving cyber coverage disputes.