Cyber Risk & 'War Exclusions'

Damages and losses from cyber warfare are inevitable. The question is who will pay for the costs of liability and lost revenue. In a recent article for Bloomberg Law, Hogan Lovells counsel Jasmeet Ahuja and associate Jack Shaked wrote that insurance coverage for those losses will depend on specific policy language, which may include so-called “war exclusions.”

The article reviews decisions examining the scope of “war exclusions” and highlights several issues that could shape whether losses arising from the current war in Ukraine are excluded or covered. These include: whether “war exclusions” exclude coverage for cyberattacks launched by state operative during a time of war; what is required to attribute a cyberattack to a state actor; and what causal relationship between war or warlike activities and loss is needed for an exclusion to apply.

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