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Sony insurers suing for non-liability

Zurich American doesn't want to pay out for data-breach cases

One of Sony's major insurers has sued in a New York court to seek protection from any liabilities arising from cases centred on the PSN data breach, asking judges to rule that it will be exempt from any claims "asserted in the class-action lawsuits, miscellaneous claims, or potential future actions instituted by any state attorney general."

The basis of the case is that Zurich American believes that general cover insurance such as that which it sold Sony doesn't cover costs arising from cyber-warfare and digital attacks, claiming that the policy only covers "bodily injury, property damage or personal and advertising injury."

The insurer is also suing a number of other Sony insurers to try and establish shared responsibility should the court deny the exemption.

"Zurich doesn't think there's coverage, but to the extent there may be a duty to defend it wants to make sure all of the insurers with a potential duty to defend are contributing," attorney Richard Bortnick told Reuters.

55 cases have been brought against Sony in the US as a result of the attacks, some of which have resulted in claims on Zurich's policy by the platform holder.

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Dan Pearson

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