Official text
War and Cyber Operation Exclusion No. 1
(For use on commercial cyber insurance contracts)
1. Notwithstanding any provision to the contrary in this insurance, this insurance does not cover that part of any loss, damage, liability, cost or expense of any kind:
1.1. directly or indirectly arising from a war, and/or
1.2. arising from a cyber operation.
Definitions
2. Computer system means any computer, hardware, software, communications system, electronic device (including but not limited to, smart phone, laptop, tablet, wearable device), server, cloud infrastructure or microcontroller including any similar system or any configuration of the aforementioned and including any associated input, output, data storage device, networking equipment or back up facility. If there is any inconsistency between definitions of computer system in this exclusion and the contract of insurance, the definition in the contract of insurance shall apply.
3. Cyber operation means the use of a computer system by, at the direction of, or under the control of a state to:
3.1. disrupt, deny access to or degrade functionality of a computer system, and/or
3.2. copy, remove, manipulate, deny access to or destroy information in a computer system.
4. State means sovereign state.
5. War means armed conflict involving physical force:
5.1. by a state against another state, or
5.2. as part of a civil war, rebellion, revolution, insurrection, military action or usurpation of power, whether war be declared or not.
LMA5564B - 18 January 2023
Official text LMA ↗Covered scope
Same as 5564A.
Excluded scope
Same as 5564A: any cyber operation excluded, no threshold.
Use cases
The same cases as 5564A, for markets that handle attribution elsewhere in the policy.
Limitations
With no attribution clause, the burden of proving state origin falls back on the governing law and on the rest of the contract.
Context
The no-attribution variant of 5564A, 18 January 2023.
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.
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