Cyber Liability Subrogation is an emerging field in subrogation law; it requires careful skill on the part of a subrogation attorney to effectively subrogate these nuanced claims. While the actual culprit is often difficult to identify, subrogation is a powerful tool when seeking legal accountability for those who had a responsibility to protect the victim from loss. Entities that may be held responsible for loss in a given subrogation case include network and data protectors, maintenance and security vendors, or any business partners that do not properly protect the data that is shared with them.

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. 

  • Subrogation counsel analyze which parties have exposure, and explore how each party might be liable for the victim’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.

The field of Cyber Liability Subrogation is still in its infancy, and the application of subrogation law can be complicated at times. 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.