Our client is the provider of a gaming network in over 100 countries, including Europe, Australia / NZ, Russia, the Middle East, Africa, and India.
They suffered a well publicised intrusion in April 2011, and were shut down globally for a number of weeks as a result. We are instructed by the gaming company in relation to claims for indemnity against both its E&O insurers, and its Property Damage and Business Interruption (“PDBI”) insurers.
The E&O claim relates to the scope of cover available for a multi-million pound (equivalent) class action against the company in Israel.
The PDBI claim relates to the company’s loss of profit caused by the intrusion, and involves novel and commercially significant issues relating to the extent to which interference with electronic data constitutes “property damage” under a PDBI policy.
The claim involves a considerable amount of technical complexity. We are currently in a pre-litigation voluntary disclosure stage, which is expected to continue for several months.