While the decision is favorable to policyholders, companies should not rely on this decision or, in many
cases, on their CGL policies to provide coverage in the event of a data breach. As the Fourth Circuit
pointed out, although ambiguities in insurance policies are generally construed in favor of the insured,
insurers may exclude certain types of coverage under CGL policies. Many CGL policies contain express
language excluding losses related to data breaches.
All companies should review their current CGL policy to determine whether it provides coverage in the
event of a data breach, or consider obtaining separate cyber insurance coverage. Womble Carlyle can
assist companies in reviewing existing policies to determine what coverage has already been obtained or
where gaps in coverage may exist and in offering solutions to potential cyber liabilities.
Contact Information
If you have any questions about this update, please contact client alert authors Jay Silver at
JSilver@wcsr.com or 919.755.2188, Orla O'Hannaidh at OOhannaidh@wcsr.com or 919.484.2339, or
Ted Claypoole at TClaypoole@wcsr.com or 704.331.4910, or the Womble Carlyle attorney with whom
you normally work.
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Womble Carlyle client alerts are intended to provide general information about significant legal
developments and should not be construed as legal advice regarding any specific facts and
circumstances, nor should they be construed as advertisements for legal services.
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