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Evanston seeks court ruling it owes nothing for FullStory excess cyber claim
Evanston says its excess follow form policy attaches only after covered loss pushes the underlying limit to $5.01 million, arguing FullStorys notice involves defense work that did not reach that threshold.
Evanston Insurance Company has asked a California federal court to declare it owes no coverage for FullStory, in connection with a $5 million excess cyber policy FullStory says should respond to its defense costs. According to a declaratory judgment complaint filed August 4, 2026, Evanston is seeking a ruling that its policy layer was never triggered because the underlying insurers or the insured never paid the required amount in covered loss. The insurer says its excess coverage has a $5 million limit but only attaches above a $5.01 million underlying limit, which it describes as including a $5 million primary policy plus a $10,000 retention. Evanston points to trigger language in the excess follow form policy, saying coverage attaches only after someone pays in legal currency as loss covered under the underlying insurance the full amount of the underlying limit. Housing the dispute, the complaint is tied to the wave of Session Replay litigation involving FullStory, which the filing says records keystrokes, mouse clicks, and other user activity, prompting at least 30 class actions since October 2020 alleging privacy and state and federal wiretapping violations. The complaint says FullStory notified Evanston of 26 claims. Evanston relies on an earlier October 24, 2023 ruling that held the primary insurers had a duty to defend only four of the noticed claims, and the insurer argues defense costs tied to those four claims were limited, citing dismissals and a stay, and contends there is no basis to believe FullStory spent anywhere near the threshold needed for the underlying limit to be exhausted.