The risk of loss due to some form of cyberattack should prompt employers to consider insuring against those losses. But, not all cyberinsurance policies are created equal. That point is made abundantly clear in the recent 6th Circuit case, American Tooling Center, Inc. v. Travelers Casualty and Surety Co. of America.
The plaintiff, American Tooling Center, Inc. (ATC) is a Michigan-based manufacturer that subcontracts some of its manufacturing work to a Chinese vendor. During a time period that it had business insurance coverage through Travelers, ATC received a series of emails from an impostor pretending to be its Chinese vendor. These emails advised ATC that the vendor had changed its bank accounts and that ATC should wire transfer its payments to these new accounts. After ATC had transferred approximately $834,000 to these fraudulent accounts, it learned that it had been duped. ATC then made a claim on its Travelers business insurance policy. Travelers denied the claim and litigation followed.
Continue Reading Sixth Circuit finds insurance coverage for phishing losses