Erin Moore, Shareholder, Prevails on Coverage Case in the Ohio Supreme Court

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.

Congratulations to our award winning attorneys

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.