A recent coverage decision by the Delaware Superior Court in Motive Technologies, Inc. v. Associated Industries Insurance Company shows that examining the full timeline of allegations in a lawsuit can defeat policy exclusions barring coverage for litigation arising out of past events. 

Underlying the coverage dispute was a lawsuit between two companies in the business

A small but growing number of cyber insurers are incorporating language into their policies that specifically addresses risks from artificial intelligence (AI). The June 2025 issue of The Betterley Report’s Cyber/Privacy Market Survey identifies at least three insurers that are incorporating specific definitions or terms for AI. This raises an important question for policyholders:

Introduction

Cryptocurrency isn’t just for tech startups and X (formerly Twitter) enthusiasts anymore. Mainstream corporations are increasingly forced to consider Bitcoin—the undisputed “king” of crypto—and other investments into digital assets whether they are on board or not. Some, like Tesla and MicroStrategy (now rebranded as “Strategy”), have already poured billions into Bitcoin. Others, like Microsoft

Sometimes defining the simplest phrases proves anything but simple. So learned the insurer in a property loss and bad faith case brought by its insured and decided earlier this year by the Pennsylvania Superior Court (Watchword Worldwide v. Erie Ins. Co., 308 A.2d 728 (Pa. Superior Ct. 2024)).

Watchword Worldwide engaged in the business