Cyber liability insurance is a complicated and fast moving area of the law. This relatively new coverage is complicated and there are significant differences in the protection offered by various insurers. Holland & Knight has extensive experience with this line of coverage and can quickly and effectively advise on how to obtain the strongest protection available.
The Holland & Knight Cyber Liability Insurance Team assists clients in evaluating, negotiating and enforcing their cyber liability insurance policies. Our clients range from Fortune 500 corporations to small, private and not-for-profit entities, as well as boards of directors seeking assistance with their insurance programs. We provide independent advice – meaning we have no financial stake in the amount of insurance you buy or in the insurers you select. Our only interest is in helping you obtain the broadest protection possible.
To ensure that you are adequately protected, we start by listening to your risk transfer needs. Once we learn what your concerns are, we analyze your policy to determine whether it adequately protects you. As part of this process, we employ our substantial claims experience to assess whether or not your policy will actually respond in the event of a claim.
In order to help you get the broadest possible coverage, we utilize our extensive library of policies, checklists and available endorsements to determine how your policy compares with what is available in the marketplace. Using this information and the experience gained from reviewing numerous policies each year, we suggest coverage enhancements and provide wording for requested endorsements. If you do not yet have cyber liability coverage, our team can assist you in doing a thorough evaluation of all the considerations relevant to your business or organization.
Armed with the knowledge of what the marketplace will provide, we work with your insurance broker to negotiate selected coverage enhancements using our precedent files, which show how an insurer has responded to similar requests in the past. Obtaining significant policy enhancements for our clients is our highest priority.
The true test of an insurance program is how it responds to a claim. The Holland & Knight Cyber Liability Insurance Team uses its experience and established professional relationships in the market to best position your claim with the goal of securing the maximum potential insurance recovery. Our team regularly counsels clients on issues such as coordination of coverage, the applicability of exclusions, and how to respond to reservation of rights and coverage denial letters. We also regularly work with breach coaches and other data security professionals in order to maximize insurance recoveries.
In addition to making sure each insurance policy provides strong protections, Holland & Knight can also review corporate bylaws, indemnification agreements and other corporate documents to make certain these documents all work together effectively with your insurance policies.
Avoiding Gaps in Coverage
We also help ensure that each type of insurance policy is well-coordinated with the other types of insurance you plan to purchase or that you have already purchased. This is critically important as it can help avoid gaps in coverage. It can also help eliminate duplicate coverage and potentially reduce your insurance costs. Most importantly, it will give you a more complete understanding of how various types of policies work together – or do not work together – to cover your risks. This is now a particularly relevant issue for data privacy and security risks which tend to fall in a gap between several different types of insurance policies.
Experienced in Providing Proactive Data Breach Measures
Holland & Knight's Cybersecurity and Privacy Team assists companies of all sizes in a broad range of industries with taking a proactive, comprehensive approach to risk management. The team counsels clients on the appropriate data breach response as well as all other areas related to what to do when a data breach occurs from a standpoint of company reputation to how to respond to and defend actions against state attorneys general, the FTC and other regulatory bodies, and defend companies against privacy-related class actions. Our Data Privacy Testing Lab identifies privacy and security issues by using advanced technology along with legal counsel to help protect your company.
Consistently Ranked as One of the Nation’s Top Law Firms for Director Liability Issues
Directors & Boards magazine ranked Holland & Knight as one of the top law firms in the United States for dealing with directory liability issues in 2014. This is the eighth consecutive year Directors & Boards magazine has recognized Holland & Knight as a top law firm in this area (2007-2014). In addition, Directors & Boards magazine ranked Holland & Knight among the top five law firms for general corporate governance issues and board-level merger and acquisition issues in 2013.
Recognized as 2012 Insurance Firm of the Year
Holland & Knight was recognized as the nation’s 2012 Insurance Law Firm of the Year by Lawyer Monthly’s Legal Awards, a research-based awards program conducted in association with The Economist magazine. The firm was honored for its achievement in engaging and responding to the demands of a new post-recession business environment.
Members of our team have been selected for inclusion in leading industry publications, including Chambers USA for Insurance and Best Lawyers in America for Insurance Law. In addition, Holland & Knight was recognized as 2018 Insurance & Reinsurance Law Firm of the Year – USA by Worldwide Advisor Awards Magazine. Our Insurance practice also received a national first-tier ranking in the 2018 U.S. News - Best Lawyers® "Best Law Firms" guide, as well as metropolitan first-tier rankings in the Fort Lauderdale and Jacksonville markets. Additionally, one of our attorneys was named winner of the 2018 Corporate LiveWire Global Award for Excellence in Insurance Law Services for Washington, D.C.
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