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An important read on cyber insurance, and update to German caselaw. The German regional Court of Tübingen rendered the first judicial decision concerning cyber insurance.
Ruling in favour of the insured. The court rejected the insurer̢¢s argument that the insured caused the loss by failing to implement common IT measures to prevent cyber attacks.
The court asserted that the insurer could have examined specific IT security conditions during pre-contractual risk assessment. That if security conditions should be applied before the insurer underwrote the policy, the insurer could have theoretically asked about these specific risk circumstance. In this case updating patches.
Suggesting that the insurer could have done more to assess the insured cyber posture ahead of underwriting.
Ted Dziekanowski Olaf Classen Gerry Kennedy
#cybersecurity #cyberriskmanagement #cyberinsurance
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