Law firm Lowenstein Sandler warns: “If these subrogation actions ‘stick,’ policyholders should expect that once a cyber claim is paid by an insurer, that will not be the end of their involvement with responding to the breach. Rather, policyholders will be obligated under the terms of their policies to make their records, investigation results, and personnel available to the insurer as it pursues other potentially responsible parties. And that cooperation may not come without intangible cost to policyholders, especially if the source of the breach is a valued business partner.”
