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What Coverage Do I Have For a Cyber Breach If I Am Working Remotely?
Post on July 2nd, 2020

With many lawyers working remotely and from home, it is important to understand the coverage available through the OBLIC Data Breach Endorsement. OBLIC provides the Data Breach Endorsement coverage at no additional cost for all Lawyers Professional Liability policies.

  • Coverage under the OBLIC Data Breach Endorsement is limited to factual scenarios where the law firm employee was working on an Insured Computer System. A data breach involving client materials copied to a personal computer or other personal device, not otherwise part of the office computer or IT system, will likely not be a covered event.

 

What is an Insured Computer System?

 An Insured Computer System is defined as a computer system operated by and either owned by, or leased to, the Firm.

  • To avoid potential coverage issues, it is our recommendation all law firm employees who are working remotely be provided company issued devices to work on.
  • If working remotely using personal devices (devices not provided by the firm) coverage following a breach would depend on whether the breach occurred through the firm’s VPN, website, or other direct connection to the firm’s computer system.
  • Since coverage is dependent on using the firm’s computer system, there likely would be no coverage for a breach if a law firm employee was using a personal device to access client files (via copies, thumb drives, or personal email accounts) if not accessed via the law firm VPN.

 

Please contact us if you have any questions and make sure to understand what your OBLIC Data Breach Endorsement covers.