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Writer's pictureJustin Ouimet

The Art of Cyber Insurance: What's New in Coverage and Claims


As cyber threats grow in complexity and frequency, the landscape of cyber insurance has evolved rapidly. From data breaches to ransomware attacks, and even AI-driven vulnerabilities, companies are facing unprecedented risks that require equally sophisticated insurance solutions. This article breaks down the latest trends in cyber insurance, focusing on new coverage options, claims management, and best practices for businesses seeking protection in this dynamic field.


Overview of the Cyber Insurance Landscape


Cyber insurance has matured over the past 20-25 years, yet it remains a complex and evolving product. Unlike traditional insurance, cyber insurance covers both first-party and third-party liabilities:


  • First-party coverage: Direct expenses incurred by the insured party, such as legal fees, forensics, and recovery costs from a breach.


  • Third-party coverage: Protection from lawsuits or regulatory penalties if a breach affects third parties, such as customers or partners.


One significant challenge in cyber insurance is the lack of standardization across policies. Unlike general liability or property insurance, cyber insurance varies significantly between providers. Coverage terms, exclusions, and endorsements can differ, making it essential to work with a knowledgeable broker who can navigate this variability and ensure tailored protection.


Emerging Coverage Areas


Cyber insurance is adapting to address new and increasingly sophisticated risks. Below are some of the most notable additions to coverage:


  1. Fraudulent Funds Transfer: Covering losses from cyber-induced deceptions, such as wire fraud.


  2. Business Interruption: Compensation for revenue loss due to a cyber event, akin to property insurance.


  3. System Failure: Protection for business interruptions caused by system failures not necessarily linked to a cyber attack.


  4. Betterment Coverage: A newer policy element that helps pay for upgraded systems after an incident, rather than just restoring old, outdated infrastructure.


  5. SCADA and IoT Coverage: Critical for industries reliant on operational technology and connected devices, offering protection against damages caused by breaches in smart systems.


  6. Biometric Data Protection: With the rise of biometric data usage, such as fingerprints and facial recognition, insurers are starting to offer coverage for potential privacy violations associated with these technologies.


Exclusions and Legal Challenges


Despite the breadth of coverage, there are notable exclusions that companies should be aware of:


  • Criminal Activity: Any malicious or criminal actions taken by the insured party will not be covered.


  • Failure to Patch: Many insurers now monitor clients' systems and require them to patch critical vulnerabilities within a specified timeframe. Failure to do so could result in claim denials.


  • War Exclusion: In response to cases like the NotPetya attack, which was deemed an act of war, some insurers have introduced exclusions for damages related to state-sponsored cyberattacks.


Claims Trends: Ransomware, Business Email Compromise, and Wire Fraud


The frequency and severity of claims in the cyber insurance space continue to grow, with ransomware and business email compromise (BEC) leading the charge. However, a notable shift is the decreasing tendency to pay ransom demands. Insurers and companies are learning that even when ransoms are paid, the promised deletion of stolen data is not always guaranteed, as demonstrated by the LockBit ransomware group.


Key claim categories include:


  • Ransomware: Demands for ransom in exchange for returning or not leaking data.


  • Business Email Compromise: Phishing or social engineering attacks targeting company emails to divert funds.


  • Fraudulent Wire Transfers: Cyber-induced financial fraud where funds are stolen through deceptive means.


  • Supply Chain Attacks: Breaches that occur due to vulnerabilities in third-party vendors, affecting the insured company.


Best Practices: How to Protect Your Business


Given the rising complexity of cyber risks, there are several proactive steps companies can take to improve their security posture and optimize their cyber insurance coverage:


  1. Implement MFA and EDR: Multi-factor authentication (MFA) and endpoint detection and response (EDR) systems are crucial to reducing risk and may help lower insurance premiums.


  2. Test Backups Regularly: Ensure that your business can quickly recover from a breach by maintaining and testing backups.


  3. Patch Management: Regularly update systems and software to prevent vulnerabilities from being exploited.


  4. Employee Training: Regular phishing and cybersecurity awareness training for employees can significantly reduce the likelihood of human error leading to a breach.


  5. Encryption: Encrypt sensitive data to mitigate the impact of breaches. In many jurisdictions, encrypted data is exempt from breach notification laws, reducing legal exposure and costs.


  6. Work with a Knowledgeable Broker: Since cyber insurance policies are not standardized, having a broker who understands your business’s specific risks is vital for ensuring adequate coverage.


The Future of Cyber Insurance: AI, Biometric Data, and Cryptocurrency


The cyber insurance industry is starting to adapt to the rise of AI and other cutting-edge technologies. AI introduces both benefits and risks, from improving cybersecurity defenses to creating new threat vectors, such as AI-generated phishing attacks or the exploitation of biometric data.


  • AI’s Role in Cybersecurity: Insurance carriers are beginning to use AI for threat detection and predictive analytics, but the risks AI itself poses are still being understood.


  • Biometric Data Breaches: As more companies adopt biometric systems, breaches involving this sensitive data can lead to significant liabilities. The industry is still determining how to underwrite these risks effectively.


  • Cryptocurrency Risks: As digital currencies grow in popularity, insurers are starting to provide coverage for cryptocurrency-related breaches, including wallet theft and exchange hacks.


Cyber insurance is no longer a luxury—it's a necessity for businesses of all sizes. As cyber threats evolve, so too must the policies designed to protect against them. While the landscape is complex and ever-changing, working with experienced brokers and staying informed about the latest coverage options and exclusions can help ensure that your company is well-protected against the financial fallout of cyber incidents.

By understanding the nuances of available coverage, claims trends, and best practices for safeguarding your business, you can make more informed decisions to navigate the risks of today’s digital world.



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