Eric B Stern

March 24, 2023 | New York Law Journal

The December 2022 decision of 'New England Systems, Inc. v. Citizens Insurance Company of America' used the term "impairment" in the business interruption coverage section of a cyber-risk policy, to potentially broaden the scope of business interruption coverage well beyond its prior interpretations.

By Eric B. Stern and Jack Eyers

6 minute read

April 19, 2022 | New York Law Journal

As the risk of cyber-attacks grow, and procuring cyber-insurance has become more difficult, policyholders have tried to rely on non-cyber policies to cover their cyber-related losses.

By Eric B. Stern

8 minute read

May 12, 2021 | New York Law Journal

As cybersecurity incidents continue to rise in frequency and severity, it is important for cyber insurance underwriters as well as insureds to be familiar with the laws and regulations that may impact cyber coverage.

By Eric B. Stern, Andrew A. Lipkowitz and Kelly S. Geary

8 minute read

November 04, 2020 | New York Law Journal

An enforcement action brought by the New York Department of Financial Services against First American Title Insurance Company alleging that the company breached the DFS's cyber regulations raises significant questions regarding whether the targets of such actions are afforded insurance coverage, and in particular, whether affording such coverage would be consistent with New York public policy.

By Eric B. Stern and Andrew A. Lipkowitz

8 minute read

August 19, 2020 | Insurance Coverage Law Center

As cyber-attacks become more frequent, the number of lawsuits brought by shareholders related to cyber-incidents will likely increase as well.

By Eric B. Stern and Andrew A. Lipkowitz

7 minute read

May 08, 2020 | New York Law Journal

This article examines the SHIELD Act, and the requirements it imposes on businesses. It also discusses the current state of the law regarding the insurability of civil fines and penalties in New York, and its implications on whether coverage would be permitted for penalties imposed under the SHIELD Act.

By Eric B. Stern and Andrew A. Lipkowitz

8 minute read

October 10, 2018 | New York Law Journal

While much paper and ink has been dedicated to the core differentiation between “caused by” and “arising out of,” less attention has been paid to that aspect of the 'Burlington' decision which provides for an insurer's ability to recoup defense costs upon a determination that the purported additional insured does not, in fact, qualify as an additional insured.

By Eric B. Stern and Jonathan B. Isaacson

7 minute read

October 10, 2018 | FC&S Insurance

In June 2017, the New York Court of Appeals issued its decision in Burlington Ins. Co. v. NYC Tr. Auth., 29 N.Y.3d 313 (2017), which significantly…

By Eric B. Stern and Jonathan B. Isaacson

7 minute read

March 08, 2018 | FC&S Insurance

Over the past few years, data breaches have become more frequent and have impacted an increasing number of people. As computer hacking and data breaches…

By Eric B. Stern and Andrew A. Lipkowitz

8 minute read

March 02, 2018 | New York Law Journal

This article explores courts' differing conclusions when faced with claims for cyber risks under different types of insurance policies, looks at some of the recent cyber-crimes and the direct financial and legal impact on businesses, and posits solutions to address insurance coverage for cyber-related risks.

By Eric B. Stern and Andrew A. Lipkowitz

8 minute read