Cyber Liability

What is Cyber Liability Insurance?

Cyber Liability is insurance coverage specifically designed to protect a business or organization from:

  • Liability claims involving the unauthorized release of information for which the organization has a legal obligation to keep private or confidential
  • Liability claims alleging invasion of privacy and/or copyright/trademark violations in a digital, online or social media environment
  • Liability claims alleging failures of computer security that result in deletion/alteration of data, transmission of malicious code, denial of service, etc.
  • Defense costs in State or Federal regulatory proceedings that involve violations of privacy law; and
  • The provision of expert resources and monetary reimbursement to the Insured for the out-of-pocket (1st Party) expenses associated with the appropriate handling of the types of incidents listed above
  • The term "Cyber" implies coverage only for incidents that involve electronic hacking or online activities, when in fact this product is much broader, covering private data and communications in many different formats - paper, digital or otherwise.
  • What does Privacy Liability Cover?

    The Privacy Liability in some policies goes beyond providing liability protection for the Insured against the unauthorized release of Personally Identifiable Information (PII), Protected Health Information (PHI), and corporate confidential information like most popular "Data Breach" policies. True "Privacy" protection in some policies definition of Privacy Breach includes violations of any rights to privacy (e.g., person's right of publicity or disclosure of private information). Because information lost in every data breach may not fit State or Federal-specific definitions of PII or PHI, our policy helps to fill these potentially costly gaps. This is a key provision that truly sets this policy apart from others.

What does Privacy Regulatory Claims Coverage Cover?

The Privacy Regulatory Claims Coverage insuring agreement provides coverage for both legal defense and the resulting fines/penalties emanating from a regulatory claim made against the Insured, alleging a privacy breach or a violation of a Federal, State, local or foreign statute or regulation with respect to privacy regulations.

What does Security Breach Response Coverage Cover?

This 1st Party coverage reimburses an Insured for costs incurred in the event of a security breach of personal, non-public information of their customers or employees. Examples include:

  • The hiring of a public relations consultant to help avert or mitigate damage to the Insured's brand
  • IT forensics, customer notification and 1st Party legal expenses to determine the Insured's obligations under applicable Privacy Regulations
  • Credit monitoring expenses for affected customers
Our policy can extend coverage even in instances where there is no legal duty to notify if the Insured feels that doing so will mitigate potential brand damage (such voluntary notification requires prior written consent).

What does Security Liability Cover?

The Security Liability insuring agreement provides coverage for the Insured for allegations of a "Security Wrongful Act", including:

  • The inability of a third-party, who is authorized to do so, to gain access to the Insured's computer systems
  • The failure to prevent unauthorized access to or use of a computer system, and/or the failure to prevent false communications such as "phishing" that results in corruption, deletion of or damage to electronic data, theft of data and denial of service attacks against websites or computer systems of a third party
  • Protects against liability associated with the Insured's failure to prevent transmission of malicious code from their computer system to a third party's computer system
  • What does Multimedia Liability Cover?

    The Multimedia Liability insuring agreement provides coverage against allegations that include:

    • Defamation, libel, slander, emotional distress, invasion of the right to privacy, copyright and other forms of intellectual property infringement (patent excluded) in the course of the Insured's communication of media content in electronic (website, social media, etc.) or non-electronic forms
    • Other "Cyber" insurance policies often limit this coverage to content posted to the Insured's website. Our policy extends what types of media are covered as well as the formats where this information resides.

What does Cyber Extortion Cover?

The Cyber Extortion insuring agreement provides: Expense and payments to a harmful third party to avert potential damage threatened against the Insured such as the introduction of malicious code, system interruption, data corruption or destruction or dissemination of personal or confidential corporate information.

What does Business Income & Digital Asset Restoration Cover?

The Business Income and Digital Asset Restoration insuring agreement provides for lost earnings and expenses incurred because of a security compromise that leads to the failure or disruption of a computer system, or, an authorized third-party's inability to access a computer system. Restoration costs to restore or recreate digital (not hardware) assets to their pre-loss state are provided for as well. What's more, the definition of Computer System is broadened to include not only systems under the Insured's direct control, but also systems under the control of a Service Provider with whom the Insured contracts to hold or process their digital assets.

What is PCI-DSS Assessment Coverage?

The Payment Card Industry Data Security Standard (PCI-DSS) was established in 2006 through a collaboration of the major credit card brands as a means of bringing standardized security best practices for the secure processing of credit card transactions. Merchants and service providers must adhere to certain goals and requirements in order to be "PCI Compliant", and under specific agreements, may subject an Insured to an "assessment" for breach of such terms. The policy responds to PCI assessments as well as claims expenses in the wake of a breach involving cardholder information.

Isn't this already covered under most business insurance plans?

The short answer is "No". While liability coverage for data breach and privacy claims has been found in limited instances through General Liability, Commercial Crime and some D&O policies, these forms were not intended to respond to the modern threats posed in today's 24/7 information environment. Where coverage has been afforded in the past, carriers (and the ISO) are taking great measures to include exclusionary language in form updates that make clear their intentions of not covering these threats. Additionally, even if coverage can be found in rare instances through other policies, they lack the expert resources and critical 1st Party coverages that help mitigate the financial, operational and reputational damages a data breach can inflict on an organization.

Do Small Businesses Need This Coverage?

The Symantec 2014 Internet Security Threat Report reports that small businesses accounted for 30% of targeted spear-phishing attacks in 2013. In 2012, Verizon reported that approximately 40% of all data breaches that year occurred among companies with fewer than 100 employees. Even more alarming is the fact that 60% of companies that have been a victim of cyber-attacks are out of business within six months.

While breaches involving public corporations and government entities garner the vast majority of headlines, it is the small business that can be most at risk. With lower information security budgets, limited personnel and greater system vulnerabilities, small businesses are increasingly at risk for a data breach.

Contact Us

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    New York

    1687 Merrick Avenue, P.O. Box 704, Merrick, NY 11566
    Phone: 516.546.5500
    Fax: 516.546.5535

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    Central Florida
    8615 Commodity Circle, Suite 15
    Orlando, FL 32819
    Phone: 877.546.6474
    Phone: 407.720.7998
    Fax: 516.546.5535

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