Mansell, Engel & Cole

February 2020 Archives

Federal court finds that crime insurance covers phishing attacks

Should your crime insurance policy cover computer crimes? Not long ago, both the Second and Sixth Circuit courts of appeal ruled that phishing-related losses are covered. Now, the Eleventh Circuit has also found that phishing losses are covered by a crime policy that includes "fraudulent instructions."

Is a jumbo, decorative beach ball an amusement device?

It all happened at an event called "RumFest" in another state. A pair of local night clubs that were sponsoring the event put jumbo-sized, decorative inflatable beach balls in a fountain pond. They were never intended to be used as actual balls but merely to lend ambiance, according to the night clubs.

Is computer damage from ransomware a direct physical loss?

If your policy requires a "direct physical loss" before a claim will be paid, you will be interested in a recent decision by a federal court in another state. Although the ruling would only be used as persuasive authority, not precedent, in Oklahoma, federal judges here would be likely to see the argument as quite persuasive.

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