The insured made a $25,000.00 claim for loss based on the purported destruction of data due to infection by the "Monkey Virus." Our research as to the nature of this virus revealed the "proximate cause" to be the ill-informed actions of a third-party. The insurer paid the claim and exercised the right of subrogation based on this information. Our analysis of the costs of data reentry further reduced the quantum to $18,720.00. The resulting judgement found for the Plaintiff, assigning responsibility for the loss to negligence on the part of the Defendants.
This judgment references the case of
Central Trust v. Rafuse, which addresses the common law duty of care in relationship to obligations specifically defined by a contract.
