Negotiating and Drafting Cyber Risk Provisions and Policies

March 24, 2015 1:15pm

Robert A. Parisi Jr.
Managing Director

Arturo Perez-Reyes
Cyber and Technology Leader Senior Vice President
HUB International

James J. Giszczak
McDonald Hopkins PLC

  • Determining the scope of coverage: 1st v. 3rd party coverage and loss
  • Trigger for 1st party and 3rd party notification and loss
  • Claims made and reported for privacy and information breaches
  • Detecting – and clarifying uncertainties in the contract language
  • Defining key terms: which are most problematic later
  • Key clauses and considerations
  • Significant exclusions – and how to word them
  • Using clear language that addresses unusual or high risk situations and avoiding ambiguity
  • Manuscript policy/customization/interpretive letters: appropriate use