We are still in the early stages of insurance coverage for cyberliability and data breaches. While there may be no question that cyberliability does not trigger CGL insurance as “bodily injury” or “property damage,” a court may face questions of whether cyber liability constitutes “personal injury” under CGL policies.  In particular, courts may be called on to decide whether data breach claims similar to those seen in the Target matter constitute a “publication of material that violates a person’s right to privacy,” and, therefore triggers coverage as “personal injury.”

A recent white paper published by Swiss Re entitled “Is CGL insurance coverage tonic for the data breach blues?” provides insight on these emerging issues.