Subrogation Practice Areas
Subrogation for Cyber Liability Claims
Understanding the Importance of Accountability in an Emerging Subrogation Field
Cyber Liability Subrogation requires careful skill on the part of a subrogation attorney to effectively subrogate these nuanced claims. If your insured experienced a cyber loss, it may seem daunting to try to pursue the unknown bad actor. However, parties closer to home may have responsibility for the costs associated with a security incident because they, or their third parties, did not reasonably protect the insured’s data.
While the actual culprit often cannot be identified, a subrogation-focused review can determine entities that may be held responsible for a cyber loss in a given subrogation case, including network and data protectors, maintenance and security vendors, or any business partners that do not properly protect the data that is shared with them.
Pursue Cyber Liability Subrogation Claims to Pay it Forward
As in any subfield of subrogation, retaining a skilled subrogation law firm for cases of tortious or negligent damage is key to maximizing recoveries and minimizing losses. But beyond that, subrogating your cyber security claims has other far-reaching benefits.
- Recover costs of paying out claims to your insured.
- Help ensure cyber insurance remains affordable for companies.
- Hold an accountable party responsible and prevent further attacks against you/others.
RG also understands that pursuing business partners of the insured can be a delicate process. All subrogation efforts are made with the continuing relationships between the insured and its business partners in mind.
The vital component in this pursuit is having a team of subrogation attorneys and claims adjusters at your side to perform an in-depth investigation, exhaust every pre-litigation avenue to recovery, and optimize your chances of recouping losses all the way from pre-suit negotiations to judgment to payment completion.
Unfortunately, as data becomes more integral to every aspect of our lives, cyberattacks will become more common, more sophisticated, and farther reaching. Rathbone Group’s Cyber Liability Team has the strategic, forward-looking approach necessary to keep up with these bad actors and pursue subrogation recovery in a cost-effective way.
RG’s Process for Maximizing Recovery in Cyber Liability Subrogation Cases
To most effectively manage cases in the subrogation of cyber claims, Rathbone Group looks for the best approaches to recovery of damages from multiple angles.
- We work with cyber security experts to determine the cause of the security incident or breach and to preserve appropriate evidence.
- Subrogation counsel analyze which parties have exposure and explore how each party might be liable for the insured’s loss.
- In tandem, we identify what should have been done to protect the insured.
- Throughout the process of any case, we use the lens of subrogation to review any obstacles that may be an impediment to recovery. This includes any contract terms, statutes of limitation, and proficient knowledge of the specific subrogation laws of the jurisdiction in which the case was brought.
Our multipronged approach to cyber liability subrogation ensures that your claim is investigated from all sides. When you are dealing with losses – and tortfeasors – that cannot be seen or touched, an insurance law firm that can provide you not only with skilled attorneys, but with skilled claims adjusters and subrogation specialists as well, is key to protecting your bottom line and your reputation.
Rathbone Group: High-Tech Subrogation Services in Any Jurisdiction
The field of Cyber Liability Subrogation is still in its infancy, and the application of subrogation law can be complicated at times. This is especially true in jurisdictional matters, where laws surrounding the subrogation process vary by state. When facing a tortfeasor who exists in the cloud, navigating jurisdictional differences is a critical piece of the puzzle. Our attorneys are licensed in dozens of state and federal jurisdictions, with our network of subrogation attorneys offering nationwide coverage.
Through thorough investigations, open communication, and a creative approach to identifying tortfeasors and holding them accountable, Rathbone Group has developed a unique approach to subrogation litigation that minimizes cost while maximizing recovery.