Defining War Within Cyberinsurance

Presenters: Theodore F. Claypoole, James E. Connelly and Elise Farnham, CPCU, ARM, AIM (Moderator) 

July 28, at 2 p.m. ET

This presentation examines the war exemption contained in cyber-insurance policies in the light of recent cases addressing persistent business threats and ongoing conflict in Eastern Europe. We will examine the practical definitions of war under insurance law and as defined by policy language and whether state-driven cyber-attacks fall within the definition. The insurance industry has recently wrestled with these questions, and their decisions may not resonate with regulators and judges.

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Theodore F. Claypoole

Partner

Womble Bond Dickinson
 

Ted Claypoole practices in licensing, software and data management law and leads the Womble Bond Dickinson IP Transaction Team. Ted is past chair of the American Bar Association’s Cyberspace Law Committee in the Business Law Section. He serves on the Leadership Council of the ABA Business Law Section and the Liaison between the ABA Business Law Section and the Standing Committee on Law and National Security. He formerly worked as in-house technology counsel for Bank of America and for CompuServe. 

He is co-author with Theresa Payton of two books from Rowman & Littlefield Publishers titled Privacy in the Age of Big Data and Protecting Your Internet Identity: Are You Naked Online? Ted has assembled, edited and written part of a book called The Law of Artificial Intelligence and Smart Machines for the American Bar Association, published August 2019. He wrote the recent book Technology, Data and Law, and is the editor and principle writer for Womble Bond Dickinson’s blog on information and risk management, called Hey Data Data.

 
 

James E. Connelly 

Partner

Womble Bond Dickinson
 

Jamie Connelly has been a complex business litigator for twenty-five years. He has defended public and private technology companies, hedge funds, C-suite executives and Board members in securities class actions, SEC and DOJ investigations and actions, merger objection litigation and other bet-the-company matters. Jamie regularly counsels Boards on D&O and other insurance issues and has served on the American Association for Bank Directors, and as D&O Panel Counsel for AIG.

Jamie has authored numerous articles and presentations on Internal Investigations and various securities and insurance matters and has been a featured speaker and panelist on these topics throughout the Southeast. He is AV-rated in litigation, business law, and securities law, and has been recognized by Georgia Super Lawyers for securities litigation and business litigation. Jamie was a member of Leadership Atlanta’s class of 2018 and has been a featured speaker on CNBC’s SquawkBox on multiple occasions.

 
 

Elise Farnham, CPCU, ARM, AIM (Moderator) 

President

Illumine Consulting
 

Elise M. Farnham has 45 years of experience in risk management and insurance as a P&C claim professional, author, and expert witness.  She has held executive positions with Crawford & Co., GAB Robins N.A., The Harmonie Group, and Carson-Brooks.  She is a member of the Insurance Professionals of Dallas and past president of the International Association of Insurance Professionals (1998-1999), past RVP for Region 1, and past President of NAIW of New York City.   Ms. Farnham has been recognized as the IAIP National Claim Professional of the Year, Insurance Woman of the Year three times by Insurance Professionals of Atlanta; and Instructor of the Year by the Atlanta Chapter of CPCU. She is active with the CPCU Society, serving on the CPCU L’CREW Interest Group committee and is a past president of the Atlanta Chapter of CPCU.  She has just been selected to serve on the board of the Insurance Accounting and Systems Association.    Her articles have been published in numerous industry domestic and international trade journals.