Cyber Insurance: An Update on the Market’s Hottest Product

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Cyber Insurance:
An Update on the Market’s Hottest
Product
Richard S. Betterley, CMC
Betterley Risk Consultants, Inc.
Sterling, MA
Independent Risk Management Consultants since 1932
Publishers of The Betterley Report at
www.betterley.com
Cyber Risk Insurance:
What Does (or Should) it Cover?

Liability for loss of personally identifiable information
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Not just electronic, but all types of data, including paper
Corporate information, not just individuals
All types of data, not just financial
Some cover loss of data when in the possession of a 3rd party, such as a vendor
Many think it covers all liability for all types of electronic activity, such as social
media; it doesn’t
Costs for responding to a data breach
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Public relations response
Legal guidance
Victim notification
Credit monitoring
2
Coverage (cont’d.)
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Fines and penalties
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Defense costs
Consumer Redress funds
Civil money penalties (but not if unlawful to insure; look for most favored venue
language)
Penalties imposed by credit card issuing entities (Visa/MasterCard, etc.)
Typically sub limited
Value-added Services
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Discounted response services
Network testing
3
Coverage Options
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1st Party
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Loss of Data
Business Interruption and Extra Expense
Cyber Extortion
Crisis Response Fund
Theft
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Data
$$$
Products or Services
4
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Media Liability
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All media activities or just online media (including social
media)
Intellectual Property liability coverage:
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Copyright infringement – can be included
Trade or Service Mark infringement – can be included
Patent Infringement – cannot be included in most forms
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Notable Exclusions
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Dishonest/Criminal/Intentional Acts (but severability
generally applies)
Contractual Liability
Data Outside of Your Network
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This is in reference to cloud-type computing, which is
often insurable
Non-electronic data
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Such as paper documents; generally insurable
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Prominent Carriers
Carrier
Capacity Available
Deductible or SIR (Minimum & Maximum)
Ace
$25 million
Minimum Retention $5,000
Data Breach Fund Retention $0
Allied World
$25 million
$5,000 minimum – no maximum
Beazley
$25 million
Minimum normally $25,000 (3rd-party),
$100,000 (1st party)
CFC
$10 million
Minimum Retention $1.000
Chartis
$25 million
Minimum retention $5,000
Chubb
$25 million
Minimum Deductible Amount: $15,000
CNA
$10 million
Varies
The Hartford
$10 million (Primary or Excess)
Minimum Deductible: $25,000
Hiscox
$10 million for stand-alone Privacy Protection
and Breach Costs coverage
Minimum Retention: $2,500
Safeonline
$20 million
Minimum Deductible $2,500
Travelers
$10 million for commercial accounts
Minimum Deductible: $5,000
The Market

Annual premium volume in the U.S. (GWP) = $800
million and growing (following tables from Betterley Risk Research’s
“Understanding the Cyber Risk Insurance and Remediation Services Marketplace: A Report on
the Experiences and Opinions of Middle Market CFOs” © 2010)
Considering Purchasing Cyber Risk Insurance
During Next 18 Months:
All Respondents by Revenue (maximum $250 million)
Market Penetration of Cyber Insurance:
All Respondents by Revenue
100%
90%
100.00%
80%
90.00%
70%
60%
50%
40%
80.00%
$10 million - $50 million
70.00%
$50 million - $100 million
60.00%
$100 million - $250 million
$10 million - $50 million
50.00%
$250 million - $500 million
30%
40.00%
20%
30.00%
10%
20.00%
0%
10.00%
$50 million - $100 million
$100 million - $250 million
0.00%
Considering Purchasing During the Next 18 Months
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Objections to Buying Cyber
Insurance
Reasons Why Respondent Did Not Buy:
All Respondents that Do Not Buy Cyber Risk Insurance
I didn't realize this type of insurance was available
Our brokers have advised our firm we don't need
Cyber Risk insurance because the risk of a claim is
remote
Our IT department does not think we need
insurance for this risk
Our firm can handle Cyber Risk exposures
ourselves without insurance
Our firm has other insurance coverage that
includes Cyber Risk insurance
The coverage is too expensive
Another reason
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Problem Areas

Serious concern whether underwriting and pricing
can keep up with the black hats
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Active hostiles operating outside the law and largely
invisible
Extensive cooperative network to share and improve tools
Automated attacks
Rapidly evolving tools and techniques
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
Technology-oriented coverage is not well understood
by agents/brokers and insureds (and probably
consultants)
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Confusion in the marketplace leading to bad buying
decisions – or no buying decision
Copycat carriers lack tools to understand and manage the
risk
Not enough knowledgeable underwriters and claims staff
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
Cloud computing – does it improve or degrade the
risk for the user?
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Potential for improvement because centralized data
services are easier to defend
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But when a breach occurs…
Accumulation risk
Users may focus on price and assume security
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Opportunity
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Potential for rapid growth
Add in for package policies and Management
Liability products
Declining cost of breach response services
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The Betterley Report
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A series of 6 annual evaluations of specialty
commercial lines insurance products; including:
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Technology E&O (February)
Intellectual Property and Media Liability (April)
Cyber/Privacy (June)
Private Company Management Liability (August)
Side A D&O (October)
EPLI (December)
For more information, go to www.betterley.com
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Sources for this Presentation

Betterley Risk Research “Understanding the Cyber Risk Insurance and
Remediation Services Marketplace: A Report on the Experiences and
Opinions of Middle Market CFOs” published September 2010
www.betterley.com

The Betterley Report “Cyber Risk and Privacy Insurance Market
Survey 2011” published June 2011 www.betterley.com
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