Erin Moore, a shareholder of Green & Green, Lawyers, prevailed for her client, the appellant, Owners Insurance Company, in EMOI Services, LLC v. Owners Insurance Company, Slip Opinion No. 2022-Ohio-4649, decided by the Ohio Supreme Court on December 27, 2022.
In EMOI Services, LLC v. Owners Insurance Company, the unanimous Court agreed that the business property insurance policy at issue, which by its terms required “direct physical loss of or damage to” property, did not provide coverage for losses claimed due to a ransomware attack on appellee’s computer systems where there was no “direct physical loss of or damage to” the hardware or media on which the software was stored. In reaching this conclusion, the Court found that under the policy terms, “covered media” means media that had a physical existence and that software itself, independent of that media, as information or a set of instructions, does not have a physical existence.
The Court expressly held that the language in the electronic equipment endorsement in the policy was “clear and unambiguous” in its requirement that there be physical loss or physical damage and that since software is an inherently an intangible item that cannot experience direct physical loss or direct physical damage, there was no applicable coverage.
Green & Green, Lawyers, LLC, is pleased to announce that Thomas M. Green, Jane M. Lynch, Erin B. Moore and Jared A. Wagner were recognized as Ohio Super Lawyers® for 2023.
Thomas M. Green has been recognized as an Ohio Super Lawyers® starting in 2009 and practices in the areas of commercial litigation, medical malpractice and complex injury litigation. Mr. Green is also an AV Preeminent rated attorney by Martindale Hubble® and has been repeatedly recognized by Best Lawyers in America©
Jane M. Lynch has been recognized as an Ohio Super Lawyers® starting in 2006, and was selected as a “Top 25 Women Cincinnati” in 2023, is an AV Preeminent rated attorney by Martindale Hubble®, and recognized once again by Best Lawyers in America© 2023 in the areas of Civil Rights Law and Litigation Insurance.
Erin B. Moore is also an AV Preeminent attorney by Martindale Hubble®, and has been recognized as an Ohio Super Lawyers® since 2017 and practices as a litigator in the areas of construction law, governmental liability law, and general insurance defense and coverage matters.
Jared A. Wagner is also an AV Preeminent attorney by Martindale Hubble®, and has been recognized as an Ohio Super Lawyers® since 2017 and also practices in construction law, governmental liability law, gun rights law, and general insurance defense matters.
Green and Green, Lawyers, LLC, is a Best Lawyers of America© “Best Law Firm” for 2023. Congratulations for these accomplishments.
Green & Green, Lawyers are proud to announce that Jane M. Lynch and Thomas M. Green have been selected by their peers to be included in the 2021 Edition of The Best Lawyers in America©. Jane was recognized for her work in the practice areas of Civil Rights Law and Litigation – Insurance and Tom was recognized for his work in the practice area of Commercial Litigation. Their inclusion in Best Lawyers in America© is considered an honor since it is bestowed upon attorneys who receive high praise from their peers concerning their honesty, ability and professionalism. Green & Green, Lawyers was also recognized in the 2021 Edition of U.S. News – Best Lawyers – Best Law Firms.
Mr. Green and Ms. Lynch hold the coveted AV Preeminent Rating for lawyers by Martindale-Hubbell® and have been selected as an Ohio Super Lawyer® for multiple years.
Our shareholders enjoyed some time outside the office on July 30th with a tour of the Cincinnati Underground and dinner in Over the Rhine area.