Insured Not Entitled To A Windfall Under Cyber Policy's Business Interruption Insuring Agreement

In a win for Wiley's client, the United States District Court for the Eastern District of Arkansas, applying Arkansas law, has held that a cyber policy's business interruption coverage should not result in a windfall for an insured and that the relevant policy language unambiguously established the proper methodology for calculating "Business Income Loss." Heritage Co., Inc. v. Hudson Excess Ins. Co., No. 4:22-cv-82-JM (E.D. Ark. May 22, 2024). The court also granted the insurer's motion to exclude certain opinions of the policyholder's expert witness, holding that expert testimony as to the meaning of an insurance policy is unnecessary where the contractual language is unambiguous.