Category Archives: Business Interruption

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Supporters of WikiLeaks Launch Attack

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It was just last week that our own Jared Wade wrote a post about how WikiLeaks’ next target may not be military or government affiliated at all; it could be your company.

Early next year, Julian Assange says, a major American bank will suddenly find itself turned inside out. Tens of thousands of its internal documents will be exposed on Wikileaks.org with no polite requests for executives’ response or other forewarnings. The data dump will lay bare the finance firm’s secrets on the Web for every customer, every competitor, every regulator to examine and pass judgment on.

The website that relies on truth in everything has gained a massive following of fanatic supporters. So fanatic, it seems, that they have retaliated against those who have recently wronged WikiLeaks or its founder, Julian Assange. Here’s a list of those companies or individuals who have fallen victim to cyberattacks launched by WikiLeaks supporters:

  • Mastercard.com — WikiLeaks relies on donations to keep running and it was Mastercard who processed such donations. Well, with the media firestorm around the website and Assange lately, the card company severed ties with the site.
  • Amazon.com — The giant online retailer decided to revoke server space it had once granted to WikiLeaks.
  • PayPal — The online payment service chose to cut off its commercial cooperation with WikiLeaks.

Other targets include the lawyer representing two women who have accused Assange of sexual abuse and PostFinance, Assange’s bank, which closed his account. The attacks have been organized and launch by a group of hackers called Anonymous. One of the members granted an interview to the New York Times.

That activist, Gregg Housh, said in a telephone interview that 1,500 activists were on online forums and chatrooms including Anonops.net, mounting mass and repeated “denial of service” attacks on sites that have moved against Mr. Assange and WikiLeaks in recent days. The hacker army has rallied around the theory that all the actions against the organization and against Mr. Assange, including the rape accusations, are politically motivated efforts to silence those challenging authority. “To all of us,” Mr. Housh said, “there is no distinction. He is a political prisoner and the two things are completely entwined.”

The group has been successful; the websites for Mastercard, PayPal and PostFinance were all experiencing difficulties. Even more frightening, Anonymous claims to be planning further attacks on company websites. So it is true then, WikiLeaks’ next target, either directly or indirectly, could be your company.

National Preparedness Month Q&A

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areyouprepared
The seventh annual National Preparedness Month (NPM) begins today. Launched by FEMA, the month-long awareness program is designed to encourage Americans to prepare for emergencies in their homes, businesses and communities. With that in mind, I took the liberty of contacting Brian Smith with American Express OPEN. He is an expert on commercial risk management and the InsuranceEdge advisor for the company. With a focus on business insurance, I presented him with a few questions. (If you should have any feedback on this Q&A, please feel free to leave a comment.)

What’s the best type of insurance to cover businesses against disasters?

Brian Smith: There are two areas of coverage that must be considered when facing the decision to purchase business insurance: property and business interruption. Property insurance will protect against damage to the physical condition of the business along with the items that sustain operations, such as equipment and fixtures. Property insurance is a mainstay in commercial programs, oftentimes required and rarely overlooked. Business interruption insurance, however, is often undervalued; it is the most critical program needed to sustain operations during a disaster. There are seven points a business owner should consider if questioning the need for business interruption coverage:

  1. It allows the owner to recoup lost sales and income of the business;
  2. While the business is down due to the disaster, it will allow the operations to continue during rebuilding;
  3. Income and profits are protected;
  4. By staying afloat, the business will be able to retain key clients and contracts;
  5. Business interruption insurance allows for the employer to keep ALL employees;
  6. As mentioned, property insurance and business interruption claims are often LARGER than the property loss;
  7. And finally, the business will likely receive a more rapid and equitable loss settlement on the property claim.

Do different types of companies require different types of insurance and does the business’ location matter in such a decision?

BS: Each company will have its own unique risks associated with it. These must be evaluated by a commercial insurance professional to determine the right coverage for the identified exposures. Taking into consideration the location of a business, however, is one of the key factors. Distance from the coast is one factor, due to exposure to natural disasters such as hurricane and flood. In this case, flood is highly recommended and may be required based on banking terms or contractual needs. An additional type of coverage within the business interruption arena is contingent business interruption. This type of insurance protects the business against a loss due to a dependency on one buyer, supplier, manufacturer or leader property such as in a mall or shopping plaza.

Is now a good time to reassess commercial insurance coverage? If so, why?

BS: The answer here is a resounding YES! Commercial insurance rates are very low at this point. The insurance industry is facing its sixth year of a “soft market,” where insurance companies have lowered rates to unprecedented levels. Insurance program development during this time is highly recommended due to opportunities involving greater coverage, competitive rates and new client demands on both the insurance companies and insurance agencies. Engaging a commercial insurance professional is the best way to see where improvements can and should be made based on operation, location and physical hazards.

Is National Preparedness Month a tool to encourage businesses to analyze their stage of disaster preparedness? How?

BS: I believe it is. The U.S. Department of Homeland Security is shepherding this program at the state and national level. Accompanied by several commercial and personal insurance providers/groups, this national marketing campaign can bring a level of awareness needed for home and business exposures. Coinciding the hurricane season, any awareness program that brings to light what needs to be considered in the event of disaster is always welcome.

What else should businesses know about the importance of being covered from disaster?

BS: Business owners should be aware of the possibility that current insurance programs may be under-estimated or inadequate. A comprehensive review of key items identifying areas of exposure should be considered on an annual basis. Review of current insurance policies is necessary to ensure coverage levels are accurate as well as appropriate. New or changing business operations can have a substantial impact on the monetary needs of a company should it be impacted by a natural disaster. Insuring these exposures properly can only be done if each is understood by the owner and insurance agent and steps are taken to include these values on the current or renewing program.

Gulf Oil Spill, Day 44

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As the Gulf oil spill enters its 44th day, BP officials are now fearing that it may be impossible to stop the flow of oil until relief wells are completed in August. The company is now hoping to stem the flow by using underwater robots that will attempt to cut the leaking riser pipe and install a custom fitted cap that will allow them to siphon the gushing oil the surface. It is a risky procedure that, if unsuccessful, could actually cause the flow of oil to increase, but it seems that this may be the only option left.

Meanwhile, the Obama administration has begun civil and criminal investigations into the circumstances surrounding the spill, intending to prosecute any responsible parties to the “fullest extent of the law.”

One person briefed on the inquiry said it was in an early stage and that no subpoenas had been issued yet to BP, the owner of the well. It was unclear whether any had gone to Transocean, which leased the Deepwater Horizon, the nine-year-old drilling rig that exploded and sank in April, to BP; Cameron, the company that manufactured a “blowout preventer” that failed to function after the explosion; or Halliburton, which performed drilling services like cementing.

Administration officials said they were reviewing violations of the Clean Water Act, which carries criminal and civil penalties and fines; the Oil Pollution Act of 1990, which can be used to hold parties responsible for cleanup costs; the Migratory Bird Treaty Act and the Endangered Species Act, which provide penalties for injury and death of wildlife.

In addition to its inability to stop the oil from gushing into the the Gulf, some of BP’s comments have not helped it to garner public sympathy. When reports recently surfaced that cleanup workers were experiencing nosebleeds, headaches, nausea, vomiting and shortness of breath – symptoms that are evidently similar to exposure to the chemical dispersant that BP is using – BP CEO Tony Hayward dismissed the illness as food poisoning. Food poisoning experts have disagreed with Hayward’s assessment and have pointed to a lack of proper safety equipment.

“These do not sound like the symptoms my clients typically suffer, ” said nationally-known food safety attorney Bill Marler. “It’s not that I wouldn’t mind suing BP.”

Of greater concern perhaps is the long-term environmental and economic impact this disaster will have. Although the outcome is still unknown, it is almost certain to be devastating. For businesses in the Gulf area it will be important to understand their insurance coverage . To that end, be sure to check out Anderson Kill & Olick’s latest online Fine Print column in Risk Management magazine. Originally the subject of an AKO Policyholder Alert, the article discusses the policies that could be in play for your company.

The massive losses are covered by a variety of insurance policies already purchased by those being harmed. First party property and business interruption (BI) insurance certainly will provide coverage for certain losses. Liability insurance, both general liability and pollution liability policies, will provide defense and indemnity for lawsuits. Directors and officers insurance also will provide coverage for derivative lawsuits against directors and officers.

Be sure to check it out and stay tuned to the Risk Management Monitor for more updates.

Somali Pirates: Attacks Down but Reach Spreads

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We’ve covered the pirate crisis in the Gulf of Aden numerous times — once in the February 2009 issue of Risk Management and twice more on this blog (The Rising Price of Piracy Insurance and Security at Sea).

Though the International Maritime Bureau (IMB) states that sea attacks worldwide fell by more than a third in the first quarter of this year, the attacks continue. Pirates are now increasing their area of surveilance and capture (it now includes the massive Indian Ocean) and though U.S. and foreign warships have been canvassing the area, the pirates have not backed down. In fact, their army and area of operation has seemed to grow.

This week alone, three Thai fishing vessels were seized in hijackings 1,200 miles east of Somalia in the Indian Ocean — the farthest from the Somali coast pirates have ever attacked, according to the EU Naval Force. A total off 77 crew were taken hostage.

And just yesterday, in the fourth attack in less than a week, pirates seized a bulk carrier — the Liberian-owned Voc Daisy — in the Gulf of Aden. The ship was heading from the UAE towards to the Suez Canal when it, along with its crew of 21, were taken hostage.

After a successful pirate hijacking, the shipping company that owns the vessel will, in most cases, immediately issue a ransom for the return of the ship and crew. But that may become a bit tougher for American ships should they fall victim to a pirate attack.

The shipping industry has long seen ransom payments to retrieve hijacked vessels, cargos and crews as a cost of doing business. But after Obama last week issued an executive order on Somalia, shipping officials say it’s no longer clear whether companies with U.S. interests can legally pay ransoms. The industry is worried because ransoms have been the only way to quickly and safely free hostages.

The order states it is illegal for anyone to supply financing to any Somalis involved in military activities. Contrary to that, the U.S. Treasury Department said it is not interested in prosecuting anyone trying to free hostages. This understandably puts shipping companies in a tough place.

“Taking away our ability to secure the safe release of our crew members and vessels could put us as an employer and ship owner in a very difficult position,” Moller said. “Thankfully we have not had to test such a scenario under these restrictions and it’s difficult for us to comment further on the consequences of the order without speculating.”

The IMB states that currently, pirates hold 14 vessels and 305 hostages.

Picture 2

The IMB live piracy map illustrates where pirate attacks have occurred so far this year.