Cyber liability presentation and mock trial 22 July 2011
BILA in Association with the Professional Liability Underwriting Society (PLUS) held a cyber liability mock trial at the Royal Courts of Justice before the Right Honourable Lord Justice Aikens. Counsel representing the Policyholder and Insurers were Michael Douglas QC and James Leabeater - 4 Pump Court and Tom Weitzman QC and Nick Craig - 3 Verulam Buildings. The proceedings were filmed and the video may be accessed in the following clips:
1 Opening case for claimant, 2 Marjorie Hancock's evidence, 3 Glenda Avery's evidence, 4 Closing of case for claimant, 5 Philip Frye's evidence, 6 Claimants case on avoidance and exclusion, 7 Defendants case on avoidance and exclusion, 8a. Claimants case on recoverability of losses, 8b Claimants case on recoverability of losses (continuation), 9a. Defendants case on recoverability of losses, 9b. Defendants case on recoverability of losses (continuation), 10 Judgment.
The mock trial was preceded by a presentation and discussion of how cyber liability risks arise and how they are insured. Participating in this presentation were Ken Munro, Pen Test Partners, Rick Welch of ANV, Patrick Donnolley and David Nayler from Aon Financial Services Group, Jacquetta Castle, Fishburns, Christine Williams, Xchanging Claims Services and Stephen Lewis of Clyde & Co, chair of BILA.
The presentation and discussion are accessible on video at this link . The following analysis may be useful in browsing the video:
|
Subject |
start |
finish |
|
Introduction by Chairman of BILA, Stephen Lewis |
0 |
9.38 |
|
Presentation on cyber hacking by Ken Munro of NCC Group |
9.38 |
38.20 |
|
Interview between Glenda Avery, risk manager at JustCard and insurance broker Derek Jarvis |
38.20 |
53.06 |
|
Interview between Glenda Avery, risk manager at JustCard and CEO of JustCard, Marjorie Hancock |
53.06 |
60.34 |
|
Interview between Derek Jarvis and insurance underwriter Philip Frye |
60.34 |
67.50 |
|
Stephen Lewis continues the story |
67.50 |
76.50 |
|
Further comments by Ken Munro on problems presented by "buffer overflows" |
76.50 |
82.38 |
|
Panel discussion |
82.38 |
1.14.50 |
|
Concluding words by Stephen Lewis |
114.50 |
end |
|