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From what I understand, this is a difficult claim to sustain because it can be argued as speculative. (See Jessamyn's own writeup.)

Would it be stronger to pay for credit freezes and then sue to get that money back? And would it still take a multi-thousand-dollar chunk out of Equifax to respond?

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In this specific sense I’m not sure that the insurance itself is considered speculative, but merely a way to minimize/manage the possibility of potential damages in a reasonable way.

If I’m not mistaken, her write up addresses speculation as potential damages as estimated before they could be realized in an uninsured situation, or otherwise taken up by insurers themselves.

The insurance is another thing altogether—a tool to mitigate that real and known risk right now.

(I’m on mobile so I only glanced at her post.)

That said, IANAL or an actuary.

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