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Evanston Insurance seeks ruling it owes nothing on FullStory excess cyber claim
The insurer says its $5 million excess layer only attaches after $5.01 million in covered loss is paid under the underlying primary policies, and it argues FullStory defense costs should not count toward that threshold.
Evanston Insurance Company has asked a federal court to declare it owes no coverage to FullStory under a $5 million excess demand, arguing that the coverage layer beneath its policy was never fully exhausted.
According to a declaratory judgment complaint filed August 4, 2026 in California federal court, FullStory has sought $5 million under an excess cyber policy and says its defense costs exceed $10 million, in the backdrop of litigation tied to FullStory’s “Session Replay” tracking tools.
The dispute centers on how an excess “follow form” policy is triggered, with Evanston stating its layer carries a $5 million limit that attaches only above a $5.01 million “Underlying Limit,” which includes a $5 million primary policy issued by two primary insurers plus a $10,000 retention.
Evanston points to earlier court proceedings in the Session Replay litigation, saying a 2023 ruling found the primary insurers had a duty to defend only four of FullStory’s noticed claims, and the insurer alleges those four claims were inexpensive to defend, with two dismissed within weeks, one dismissed on the pleadings within a year, and the fourth stayed in November 2024 before being voluntarily dismissed in May 2026.