In a unanimous decision, the Ohio Supreme Court found that a computer software company’s business owners insurance policy does not cover losses resulting from a ransomware attack on the company’s computer software systems because the attack did not cause physical loss or physical damage to the software.

Read on for background on this case and analysis of the ruling.

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Photo of Anthony P. Tatum Anthony P. Tatum

Tony is a co-lead of our Insurance Recovery Practice and sits on the firm’s Board of Partners. Tony represents prominent public and private companies on all aspects of insurance coverage and related complex commercial disputes. With over 24 years of litigation experience, Tony…

Tony is a co-lead of our Insurance Recovery Practice and sits on the firm’s Board of Partners. Tony represents prominent public and private companies on all aspects of insurance coverage and related complex commercial disputes. With over 24 years of litigation experience, Tony advises clients on various lines of insurance, including CGL, D&O, E&O / professional liability, property damage / business interruption, environmental / pollution, EPL, fidelity and crime coverage, cyber/data privacy, marine cargo, political risk / contract frustration, product recall, RW, trade credit, wrongful calling, and other manuscripted lines of coverage.

Photo of Nicholas G. Hill Nicholas G. Hill

Nicholas helps businesses and financial institutions navigate complex disputes with their insurance carriers. He has recovered hundreds of millions of dollars in insurance proceeds on behalf of businesses and financial institutions in policyholder insurance coverage disputes as a result of the successful resolution…

Nicholas helps businesses and financial institutions navigate complex disputes with their insurance carriers. He has recovered hundreds of millions of dollars in insurance proceeds on behalf of businesses and financial institutions in policyholder insurance coverage disputes as a result of the successful resolution of litigation and pre-litigation claims. He represents policyholders in all types of first- and third-party insurance claims, including under cyber, CGL, D&O, E&O/professional liability, EPL, fidelity and crime, political risk, product recall, property damage / business interruption, R&W, and other manuscript lines of coverage.

Photo of Andrew F. Gann Andrew F. Gann

Drew is a litigator, with a primary focus on class actions, mass tort lawsuits, high-stakes commercial litigation, and litigation arising out of catastrophic incidents. His expertise includes handling multidistrict litigation (MDL) and providing counsel on punitive damages in high-stakes personal injury actions. Drew…

Drew is a litigator, with a primary focus on class actions, mass tort lawsuits, high-stakes commercial litigation, and litigation arising out of catastrophic incidents. His expertise includes handling multidistrict litigation (MDL) and providing counsel on punitive damages in high-stakes personal injury actions. Drew has a wealth of experience representing clients facing investigations by various regulatory bodies such as the National Transportation Safety Board (“NTSB”), Department of Transportation (“DOT”), the Pipeline and Hazardous Materials Safety Administration (“PHMSA”), the Consumer Product Safety Commission (“CPSC”), state attorney general offices, and public utility commissions. His clients span diverse industries, including energy, transportation, construction, and product manufacturing.

Photo of Noriya Shahadat Noriya Shahadat

Noriya focuses her practice on representing corporate defendants in a wide variety of mass tort and product liability matters.

McGuireWoods LLP

At McGuireWoods, we deliver quality work, personalized service and exceptional value. We use technology to provide efficient legal solutions and employ a diverse workforce to bring real-world and innovative perspectives to meeting our clients’ needs. With 1,100 lawyers and 21 strategically located offices…

At McGuireWoods, we deliver quality work, personalized service and exceptional value. We use technology to provide efficient legal solutions and employ a diverse workforce to bring real-world and innovative perspectives to meeting our clients’ needs. With 1,100 lawyers and 21 strategically located offices worldwide, McGuireWoods uses client-focused teams to serve public, private, government and nonprofit clients from many industries, including automotive, energy resources, healthcare, technology and transportation.