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Payment and Costs Associated with Ransomware Attack Are Not Covered by Policy Requiring Direct Physical Loss or Damage
December 2022 • Source: Gary L. Nicholson, Gallagher Sharp LLP
In EMOI Servs., L.L.C. v. Owners Ins. Co., 2022-Ohio-4649, the Supreme Court of Ohio reinstated the grant of summary judgment in favor of an insurer relative to a claim by an insured for a ransomware attack. In particular, the Supreme Court concluded that ransom payment and costs associated with investigating and remediating the ransomware attack and upgrading its security systems were not covered by an electronic equipment endorsement in the insured’s business owners insurance policy. In so doing, the Supreme Court rejected the lower appellate court’s conclusion that such payment and costs may be covered absent any damage to hardware. Focusing on the language of the endorsement, the Supreme Court found that it clearly and unambiguously required that there be direct physical loss of, or direct physical damage to, electronic equipment or media.
The Supreme Court noted that all examples of covered media in the definition section of the endorsement were materials of a physical nature, i.e., “film, magnetic tape, paper tape, disks, drums, and cards”; and that “computer software” was included within the endorsement’s definition of “media” only insofar as it was “contained on covered media”. The Supreme Court held that the most natural reading of “direct physical loss of or damage to” in the endorsement therefore was that the insured was covered “for direct physical loss of its media and insured for direct physical damage to its media”; and that computer software could not experience “direct physical loss or physical damage” because it does not have a physical existence. (Emphasis in original.) Software is essentially nothing more than a set of instructions that a computer follows to perform specific tasks. |
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Fighting Back Against the Rise in Nuclear Verdicts
January 2023 • Source: Joseph Moriarty, Willcox Savage, PC
Left unchecked, the plaintiffs’ bar’s sustained, organized, and unified strategy of using social inflation to drive bigger and bigger verdicts is potentially catastrophic. Check out this piece on social inflation written by Themis member, Joseph Moriarty.
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Perrier & Lacoste Hires Victoria R. Bradshaw
September 2022 • Source: Perrier & Lacoste
Victoria R. Bradshaw was born and raised in Monroe, Louisiana. She is Special Counsel in Perrier & Lacoste’s Jackson, Mississippi office. Victoria concentrates her practice in the fields of trucking and transportation casualty litigation, premises liability, medical malpractice, products liability, railroad law, and commercial general liability claims and coverage issues.
Victoria graduated from Louisiana State University in 2011 with a Bachelor of Science in Biological Sciences. Thereafter, she attended and graduated from Mississippi College School of Law in 2014 and was an Executive Editor of the Law Review.
Victoria has been practicing law since 2014 and is licensed to practice before all state courts in Louisiana and Mississippi, the United States District Courts for the Northern and Southern Districts of Mississippi, the United States District Courts for the Eastern, Middle and Western Districts of Louisiana, and the United States Court of Appeals for the Fifth Circuit. She is also admitted to practice before The United States Bankruptcy Courts for the Eastern, Middle and Western Districts of Louisiana and The United States Bankruptcy Courts for the Southern and Northern Districts of Mississippi.
Prior to joining Perrier and Lacoste, Victoria represented railroads, nursing homes, hospitals, and banks in litigation throughout Louisiana and Mississippi.
Victoria was nominated for Best Lawyers in America, Ones to Watch in 2021 and 2022 for Commercial Litigation. |
Perrier & Lacoste Hires Ney J. Gehman
October 2022 • Source: Perrier & Lacoste
Perrier & Lacoste is thrilled to announce their newest firm member, Ney J. Gehman. Ney is a native New Orleanian who attended Loyola University New Orleans and received a Bachelor of Arts in Communication in 1995 and was a member of Loyola’s Baseball team. He earned his Juris Doctorate from New England School of Law Boston in 1999.
Prior to joining Perrier & Lacoste, Ney worked in the Trial Division of a major insurance carrier and provided legal representation to insured entities throughout Louisiana for approximately nine years. In the early 2000’s, he was an assistant district attorney in New Orleans and was subsequently employed in private practice for approximately ten years.
Ney lives in New Orleans with his wife, Lauren, and their two children. |
Perrier & Lacoste Hires Sean P. Rabalais
September 2022 • Source: Perrier & Lacoste
Perrier & Lacoste is pleased to announce that Sean p. Rabalais will be joining their firm as P&L's newest attorney in Lafayette.
Sean has a Bachelor of Arts from the University of Vermont and Juris Doctor from Loyola University. Sean has experience with handling a large volume caseload from inception to negotiations, mediations, and trials. He is enthusiastic about his practice and prides himself in a just result.
They are thrilled to have Sean as part of the P&L team, and I ask you to please join them in welcoming him to the firm. |
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