In the January issue of the Assagenti Newsletter, Attorney Alberto Bregante analyses the "Marine Cargo Cyber Exclusion With Physical Theft Confirmation Endorsement" clause (published on 28 October 2025 by the Joint Cargo Committee of the Lloyd's Market Association), which provides insurance coverage where the physical theft of goods has been facilitated by a cyber intervention, while excluding coverage for losses or damage caused solely by cyberattacks.
Comparing the new version with the previous "Marine Cyber Endorsement" clause (LMA504), the article focuses in particular on the three paragraphs added to address the practical difficulties encountered by market operators.
Under the new framework, whilst losses arising from purely cyber events remain excluded from coverage, protection is extended to cases of cargo theft where a computer system has been used to facilitate access to the goods, which are then physically misappropriated through subsequent human intervention.
It remains to be seen whether and to what extent the new clause will find practical application in the insurance market — in England and beyond — and whether it will in fact contribute to greater legal certainty compared to its predecessor, LMA504.
