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LMA 5400

Property Cyber and Data Endorsement (limited write-back)

Endossement cyber et données property (write-back limité)

2019-11-13Property 2019Type framework not applicableNo attribution clause
Limited write-back
Official text ↗
Covered scope

Very narrow. LMA 5400 writes back one thing only: physical damage caused by the fire or explosion perils arising out of a non-malicious cyber incident. It writes back neither the resulting business interruption nor anything connected to a malicious cyber act.

Excluded scope

Excludes any loss connected to a cyber act (a malicious act) together with the cost of using or replacing data. A long wording with six very wide exclusions, broad causation language (in connection with) and an anti-concurrent causation clause.

Use cases

Now the reference cyber exclusion on most mainstream property policies: it is the fire and explosion write-back that made it acceptable to the market, where the absolute 5401 left holes in cover.

Limitations

The write-back is tightly drawn: no business interruption, and the exception falls away as soon as a cyber incident is connected to a cyber act. The in connection with language and the anti-concurrent causation wording widen the exclusion considerably.

Context

Issued 13 November 2019 for the Lloyd's cyber clarity mandate applying to property policies from 1 January 2020. Brokers ended up pushing it through as the standard in place of 5401.

Related glossary

This material is reproduced and annotated for educational purposes. For any contractual use, refer to the official wordings published by the Lloyd's Market Association and take insurance legal advice. AlgoPolis does not provide legal advice.

Legal disclaimer

English texts are reproduced for educational purposes from official LMA sources.

French translations are unofficial and produced by AlgoPolis for educational purposes only.

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Type classification inferred by AlgoPolis from official Lloyd's definitions, to be confirmed with the LMA.