SSS · Cyber Insurance & Recourse

The insurer is refusing cover because our security representations were incomplete; what can we do?

The scope of the representation, its materiality, and its causal link to the incident are all open to challenge — not every incomplete representation is a ground for refusal. Legal analysis…

Updated · July 20261 min readCategory · Cyber Insurance & Recourse
Short answer

The scope of the representation, its materiality, and its causal link to the incident are all open to challenge — not every incomplete representation is a ground for refusal. Legal analysis is essential before accepting the refusal letter.

The scope of the representation, its materiality, and its causal link to the incident are all open to challenge — not every incomplete representation is a ground for refusal. Legal analysis is essential before accepting the refusal letter.

The statutory ground can work in your favour. Under Article 1439 of the Turkish Commercial Code, where there is no connection between the representation that was breached and the risk that actually materialised, the insurer cannot refuse the indemnity outright. The second test is timing: whether the insurer exercised its right of withdrawal within the period allowed, once it had learned of the omission. Put a refusal through both of those tests before accepting it — a blanket rejection often survives neither.

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This content is for general information only and does not constitute legal advice. Please contact our team for an assessment of your specific circumstances.
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