Monthly Archives: March 2024

Real-life Cyber Claim Examples: The Importance of Cyber Insurance

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It seems as though everyone likes to hear a good war story and it is no different when it comes to cyber claims. Besides price, it may be the most asked question I hear – What kind of claims are being filed? Can you give me an example of a claim to show that this is real and I should be buying a policy? So, let’s delve into this topic and let me tell you a couple of real-life cyber claim scenarios:

War Story 1: The Case of Accidental Data Loss

A small law firm lost all of their data, including backups, from a shared office space when the IT administrator formatted the hard drive on the office equipment. The firm, which had three lawyers, was operating inside unused space at a larger firm. As part of the arrangement, the smaller firm also used the IT systems of the larger firm.

In an effort to segregate the data of the smaller firm, the larger firm gave them access to their own file server, which was normally used for email only. The server began having issues, so the IT administrator backed up the emails on the server, formatted the hard drive, and reinstalled all the software. Unfortunately, the IT administrator did not remember to backup the data from the smaller firm before formatting the hard drive.

The firm suffered an interruption of operations as a result and incurred significant expense to recover the data manually. In this case, the damages and loss are as follows:

  • Data Restoration Expense: $23,000
  • Loss of Billable Hours: $8,900

War Story 2: The Case of Accidental Data Breach

A law firm handling Qui Tam cases suffered an accidental data breach resulting in legal liability and disciplinary proceedings for alleged ethical violations. The firm used a cloud storage service for all firm data. The cloud storage provider offered two tiers of service to clients, free and premium.

Data in the “free” storage service is searchable and can be downloaded by other customers. The firm neglected to pay their renewal fees for the “premium” service, so the firm’s account reverted to the “free” service and all of the firm’s data was searchable and available online for several months. During that time, numerous parties downloaded the details of a sensitive whistleblower case.

As a result, the firm faced a lawsuit from the former client in the whistleblower case as well as a disciplinary proceeding. Several other suits from other current and former clients are also pending. In this case, the damages and loss are as follows:

  • Notification Expense: $27,000
  • Defense Expense: $305,000
  • Damages: $2,150,000
  • Fines & Penalties: $120,000

Note: pending suits from other clients are not included in loss amounts listed above.

These examples illustrate the real-life implications of not having a robust cyber policy. In today’s digital age, where data breaches and cyber attacks are becoming more common, having a comprehensive cyber insurance policy is not a luxury, but a necessity. It’s time to take a proactive approach to protect your firm and clients from potential cyber threats.

Maximizing Your Cyber Insurance: Understanding the Full Range of Protection

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Most of the calls I receive about cyber insurance are for Fraudulent Funds Transfer.  This seems to be what the caller is most interested in and for good reason especially if your profession is in the area of law, real estate, or title/escrow work.  However the cyber policy is much more than just fraud transfer coverage.

The policies are usually what I consider a program or a suite of coverages made up of first and third party benefits and a strong risk management team.  Several of the carriers that write cyber insurance will perform or run an analysis of your website/online presence and identify weakness that exists and exposures that may lead to a cyber attack or event.  The carrier prepares a report that will not only identify the weakness but will also offer suggestions on how to correct or eliminate the exposure.  They also will rank or compare your cyber situation and scan results to other companies of similar size and industry. Allowing you to see if you’re keeping up with others in your industry in keeping your business, your clients and your customers safe from cyber attacks.

Other benefits provided by most cyber policies include: Notification costs.  Did you know that the government requires you to notify your customers in the event you have a cyber attack and personal/confidential data is compromised?  Think of how many files you have.  It won’t be cheap to notify and complete this task.  Ransomware.  Think you’ll never become a victim of this because your office is too small, and you don’t have or keep large amounts of personal confidential information? Think again.  Everyone is a target for this type of claim.  A hacker breaks into your computer system and stops your ability to use it or shuts down the entire system unless you pay XX amount of dollars.  How long can your office run with no access to your computer system?  

Fraudulent transfer of funds, risk management team services, strong claims team, notification costs and Ransomware coverage only scratches the surface of what coverages/benefits are provided in most cyber policies.  Although you may only have interest in one or two of these you need to be aware of all the coverages available to you in your cyber policy.  Rarely in a cyber claim is only one benefit/coverage part triggered.  Usually several parts come into play.  Don’t short yourself by not knowing all of the coverages and assistance that is available to you under your policy.  Read it and call your broker, and or the risk management team of the program with your questions.