Critical Cyber Insurance Policy Clauses: Don’t Let These Cyber Risks Slip Through!

Real-World Cyber Attack
In a recent cyberattack, United Health Group was forced to pay over $3 billion to providers, highlighting the immense financial impact of such breaches. This case underscores the critical need for robust cybersecurity measures and comprehensive insurance policies. We will explore how the breach occurred, its immediate and long-term effects, and the lessons businesses can learn to prevent similar incidents.

How Threat Actors are Using Ransomware-as-a-Service
Ransomware-as-a-service (RaaS) has emerged as a significant threat, making sophisticated ransomware tools available to a wider range of cybercriminals. This subscription-based model allows even those with limited technical skills to launch attacks, increasing the risk for businesses. We’ll examine how RaaS operates, its appeal to cybercriminals, and the defensive strategies organizations can use to protect themselves. Understanding RaaS is crucial for strengthening cybersecurity measures.

Important Elements of Cyber Insurance

What’s Really Important for a Company When It Comes to Insurance?

When it comes to insurance, it’s crucial for a company to ensure comprehensive coverage that addresses all potential cyber risks. This includes understanding policy details, coverage limits, and exclusions to avoid unexpected financial losses.

The Importance of Vendor Due Diligence

Vendor due diligence is essential in mitigating risks associated with third-party service providers. Ensuring vendors have robust cybersecurity measures in place protects your company from potential breaches originating from their systems.

Make Sure Your Contract Has Appropriate Contract Language

It’s vital to include appropriate contract language that clearly defines the responsibilities and liabilities of all parties involved. This helps in setting clear expectations and provides legal protection in the event of a cyber incident.

Make Sure Vendors Have Appropriate Liability Insurance

Vendors should carry adequate liability insurance to cover potential damages they might cause through cyber incidents. This ensures that any losses incurred due to a vendor’s security lapse are compensated.

The Concept of “Dependent Business Interruption”

“Dependent Business Interruption” covers losses stemming from disruptions at your vendors or suppliers due to cyber incidents. This coverage is crucial for maintaining business continuity if a critical supplier’s operations are compromised.

Cyber Liability Policy: Its Purpose

The primary purpose of a cyber liability policy is to protect businesses from financial losses due to cyber incidents such as data breaches, ransomware attacks, and other cybercrimes. It provides coverage for legal fees, notification costs, and remediation expenses, ensuring the business can recover and continue operations.

Often Excluded Elements in a Policy

What Cyber Insurance Policy Elements Are Often Excluded?

Cyber insurance policies often exclude certain elements that businesses might assume are covered. Common exclusions can include specific types of cyber incidents, such as those involving nation-state actors, or losses arising from pre-existing vulnerabilities that were not disclosed during the policy underwriting process.

Bodily Injury and Property Damage Caused by a Threat Actor

Policies typically exclude coverage for bodily injury or physical property damage caused by cyber incidents. This means if a cyberattack leads to physical harm or damages equipment, those costs are generally not covered under standard cyber insurance policies.

Invoice Manipulation/Reverse Social Engineering, Funds Transfer Fraud

Another common exclusion is coverage for financial fraud incidents such as invoice manipulation, reverse social engineering, and funds transfer fraud. These types of attacks often require specialized coverage, and businesses must verify if their policies include provisions for such fraud-related losses.

How Insurance Will Look Like with the Prevailing AI

The integration of AI into cyber insurance is transforming the landscape, potentially leading to new exclusions and inclusions. As AI becomes more prevalent, insurance policies may need to adapt to cover AI-specific risks while also potentially excluding certain AI-related liabilities due to the complexity and evolving nature of AI threats.

Data Breach-Caused Pockets

Real case scenarios illustrate the varied costs associated with data breaches, often not fully covered by standard policies. These costs can include:

  • Incident Response: Immediate actions taken to contain and mitigate the breach.
  • Law Firm Retainer: Legal fees for handling breach-related issues.
  • Actual Ransom: Payments made to cybercriminals to recover data.
  • Loss of Data Indexing: Long-term costs associated with data organization and retrieval weeks after the incident.

Regulatory Defense and Penalties, Notifications for Customers

Cyber insurance policies often exclude coverage for regulatory defense costs and penalties resulting from non-compliance with data protection laws. Additionally, the expenses related to notifying customers about a breach, including credit monitoring services, might also be excluded.

Business Interruption Component

While some policies include coverage for business interruption, many exclude it or offer limited protection. This component covers the loss of income during downtime caused by a cyber incident, but businesses should confirm the extent and limits of this coverage in their policies.

Policy Clauses to Watch Out For

Wide-Spread Event Endorsements and Neglected Software Clauses

When reviewing your cyber insurance policy, pay close attention to wide-spread event endorsements and neglected software clauses. Wide-spread event endorsements may limit coverage if a cyberattack affects multiple organizations simultaneously, while neglected software clauses can exclude coverage if the incident involves outdated or unpatched software. Understanding these clauses helps ensure you are fully aware of the limitations and conditions of your coverage, preventing unpleasant surprises when filing a claim.

What to Do If You Have Old and Unsupported Operating Systems

If your business relies on old and unsupported operating systems, it is crucial to address this vulnerability proactively. Begin by identifying all outdated systems and creating a plan to upgrade or replace them with supported versions. If immediate upgrades are not feasible, implement robust security measures, such as isolating these systems from critical networks and applying any available security patches, to mitigate risks and ensure your insurance coverage remains valid.

Medical Providers Running Their Lab Machines on Old Systems

Medical providers often face unique challenges with lab machines running on outdated systems, which can be particularly vulnerable to cyber threats. To mitigate these risks, conduct a thorough assessment of all lab equipment and prioritize updates or replacements for the most critical systems. Additionally, work closely with your insurance provider to ensure that your policy covers potential vulnerabilities associated with these older systems, and implement stringent security protocols to protect sensitive medical data and maintain compliance with industry regulations.

Incident Response

What to Do if There’s an Incident? Incident Response, Claim Recording

In the event of a cyber incident, the first step is to activate your incident response plan immediately. This involves identifying and containing the breach, mitigating further damage, and recording all details of the incident for insurance claims and legal purposes. Proper documentation is critical for ensuring that all aspects of the incident are captured accurately, which will be essential when filing a claim with your insurance provider. Effective incident response helps in minimizing the impact of the breach and facilitates a smoother recovery process.

Importance of Claim-Reporting Requirements

Meeting claim-reporting requirements is crucial to ensure your insurance coverage remains valid and effective. It is essential to maintain a paper-based contact sheet that includes details of your incident response company, a law firm specializing in data breaches, and relevant in-house personnel. This ensures that you can quickly and efficiently report the incident to all necessary parties. Prompt and accurate reporting helps in securing the necessary support and resources for managing the breach and complying with legal and regulatory obligations. Proper claim reporting can significantly influence the success of your insurance claim and the overall recovery process.


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by Wayne Roye

Microsoft Strategic Consultant

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