As reported on Hunton's Insurance Recovery blog, the Second Circuit has rejected Chubb subsidiary Federal Ins. Co.'s request for reconsideration of the court's July 6, 2018, decision, confirming that the insurer must cover Medidata's $4.8 million loss under its computer fraud insurance policy. In July, the court determined that the loss resulted directly from the fraudulent emails. The court again rejected the insurer's argument that the fraudster did not directly access Medidata's computer systems. But the court again rejected that argument, finding that access indeed occurred when the "spoofing" code in emails sent to Medidata employees ended up in Medidata's computer system.
View the Second Circuit's summary order. Prior posts on the Medidata litigation and decisions are available through the following links:
July 27, 2017, Hunton Insurance Head Walter Andrews Comments on Medidata Coverage Win
July 24, 2017, Chubb Owes $4.8M for Medidata Social Engineering Loss
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