The typical crime insurance policy includes computer fraud coverage, which insures loss resulting “directly from” the use of a computer. As is readily apparent, computers are now used in nearly every aspect of modern business. As a result, the potential losses that can result from the use of a computer have grown exponentially. Courts have struggled, in turn, to define the scope of computer fraud coverage.
Category: Insurance Defense
The exclusion, particularly the definition of pollutants, is broad. The plain language of the exclusion appears to cover almost anything that could be considered an “irritant” or “contaminant.” As a result of this broad language, courts across jurisdictions have long struggled with how to apply the exclusion.