Official text
War and Cyber Operation Exclusion No. 4
(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 that is carried out as part of a war, or the immediate preparation for a war, and/or
1.3. arising from a cyber operation that causes a state to become an impacted state.
Paragraph 1.3 shall not apply to the direct or indirect effect of a cyber operation on a computer system used by the insured or its third party service providers that is not physically located in an impacted state but is affected by 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. Essential service means a service that is essential for the maintenance of vital functions of a state including, but not limited to, financial institutions and associated financial market infrastructure, health services or utility services.
5. Impacted state means any state where a cyber operation has had a major detrimental impact on:
5.1. the functioning of that state due to disruption to the availability, integrity or delivery of an essential service in that state, and/or
5.2. the security or defence of that state.
6. State means sovereign state.
7. War means armed conflict involving physical force:
7.1. by a state against another state, or
7.2. as part of a civil war, rebellion, revolution, insurrection, military action or usurpation of power, whether war be declared or not.
LMA5567B - 18 January 2023
Official text LMA ↗Excluded scope
Same as 5567A.
Use cases
The same cases as 5567A, where the parties would rather not carry an attribution clause inside the wording itself.
Limitations
As 5567A, plus the absence of any attribution mechanism: whether an operation is state-backed rests entirely on the governing law and on the burden of proof.
Context
The no-attribution variant of 5567A, 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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