As more and more companies enter the burgeoning cyberinsurance marketplace, they often ask policyholder counsel like me how they can choose the best cyberpolicy when confronted with so many choices. When the marketplace was still in its infancy just a few years ago, this was a considerably harder question because the policy forms, including the scope of first party and liability coverages being offered by different insurers, varied so drastically.
But as the cyberinsurance marketplace enters its adolescent stages, there is beginning to be more standardization in available coverages and exclusions, at least at a high level. What has not changed is that many key terms of these policies remain negotiable (considerably more so than for other types of insurance policies), and the courts have been presented with few opportunities to provide guidance on how key provisions in these policies are likely to be interpreted.
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