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Cyber Crime: Recent Events and Insuring Against It

It seems like several times per day that I am sent a news alert of yet another data breach.

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The frequency with which they occur is frightening to say the least and unfortunately, many businesses are not covered for such an event.

Let’s take a look at data breaches that have occurred over the past week and what, if anything, can be done to prevent (or insure against) them.

  • A report by Wake Forest Baptist Medical Center to the state attorney general’s office explained that 357 people were affected by documents from an 11-year period taken from the medical center due to a security breach, the Winston-Salem Journal is reporting. Wake Forest Baptist issued a statement early last month that it had fired an employee, Linda Bowden Turner, who had taken medical records and documents from 1995 to 2006 from the medical center to her own properties.
  • If you used a credit or debit card at Margarita’s restaurant over the past three months, a virus might have culled your information before it could be encrypted and then sold to underground markets, Huntsville police said. At least 200 people over the past two weeks have reported incidents of stolen bank account information, and authorities said they suspect there are many more cases that have not been reported and many potential victims whose numbers have not yet been used by thieves.
  • Nearly 700 Toshiba customers’ emails and passwords have been stolen from the company’s U.S. servers, the latest company to be hit by hackers, although it doesn’t appear to be the work of the same groups that have infiltrated Arizona law enforcement, Orlando tourism or PBS. TechEYE.net reported that the hacker VOiD targeted Toshiba and claimed “to gain usernames and passwords on 450 of the company’s customers” as well as about 20 re-sellers and 12 administrators on the company’s Electronic Components and Semiconductors and Consumer Products sites.
  • Lady Gaga has called in police after thousands of her fans’ personal details were stolen from her website. Her record label acted after the site was hacked into by US cyber attackers SwagSec. A source said: “She’s upset and hopes police get to the bottom of how this was allowed to happen.” The group struck on June 27 but did not make the information, which included names and email addresses, public until this week.
  • Anonymous, a group of “hacktivist” computer-savvy attackers, has already speared a number of big fish: credit-card companies, the church of Scientology, and Monsanto, a biotechnology firm. And the hackers have flaunted their skills by successfully attacking computer-security expert firms, like HBGary. Its latest victim is Booz Allen Hamilton, a big consulting firm to America’s government, including on cybersecurity, with bigwigs like a former CIA head and a former director of national intelligence on its payroll.

So how do companies work to prevent or mitigate the effects or data breaches? One option is cyber liability insurance. Major insurers like Chartis, ACE and Hiscox have been in the cyber liability insurance game for several years now and smaller insurers are entering the market at a rapid pace. But what types of coverage does a cyber liability policy include? According to Dave Navetta, partner at InfoLawGroup and contributor to Fox News, the following may be included:

  • Breach Notice Costs. Coverage now exists for direct costs incurred by an insured to provide notice to individuals in the event of a security breach, as well as expenses to set up a call center and provide credit monitoring services. These costs involve a multiplier effect. For example, credit monitoring can cost anywhere from $10 to $200 per year, per person impacted by a breach. If one million individuals are at issue, costs could run in the millions of dollars. These costs also include attorney fees and forensic investigation expenses to determine the cause of a breach and whether notice is required under law.
  • Damages and Defense Costs. Provides coverage for information security and privacy breaches and technology professional liability. This element of the insurance plan is specifically designed to provide coverage for damages and defense costs arising out of lawsuits or claims resulting from a data security breach or an act, error or omission in the rendering of professional technology services (like data storage services). Some cyber policies will also protect your business against the cost of regulatory investigations or actions due to a security or privacy breach.
  • Service Provider Breach.With more companies outsourcing their data processing to third parties or the “cloud,” it is important that a cyber policy provides coverage if the security breach happens to one of the insured’s service providers. That will protect your company against many types of expenses. However, these policies are unlikely to provide any coverage for the personnel hours expended internally to address the breach.
  • Crisis Management, Business Interruption and Data Restoration. This insurance can also help cover the costs for getting the network back up and running and restoring lost data. Public relations services may also be included to help restore the company’s reputation.
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  • Denial-of-Service Attack. If your company or a service provider, such as a web host, is shut down by a denial-of-service attack or other type of hack, some insurance policies will cover lost income and the costs of repairing the network.
  • Cyber Extortion. In a case where a hacker decides to hijack your website, network or database, and demands money to restore it, a cyber extortion clause in an insurance policy can help to cover the settlement and the cost of hiring a security firm to track down the hacker.

Does your company have cyber liability insurance coverage?

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How Risk Managers Can Prepare for the Hard Market

The following is a guest post written by Michael Korn, managing principal at Integro Insurance Brokers and a senior member of the firm’s property insurance practice.

Australian floods, a New Zealand earthquake, Japan’s earthquake and tsunami, tornadoes and flooding in the Midwest and South, and the exceedingly rare tornado in the Northeast that ripped through Massachusetts lead a long list of catastrophic events that have hit the property insurance industry hard in just the first six months of 2011. They may claim yet another victim — soft insurance premium rates.

Making matters worse, there may be little time to absorb the first-half barrage. Risk Management Solutions (RMS) 11.0 is sending shock waves through wind exposed insurer and insured portfolios. Windstorm prognosticators are predicting an “above average” number of hurricanes this season, which officially began June 1, supporting growing speculation the market is about to harden. Are observers prescient or wrong?

To look ahead, let’s briefly look back. For a number of reasons, including the vast amount of available capacity, the types and locations of the catastrophes we’ve experienced globally and the delayed implications of potential contingent time element losses not yet realized, the commercial insurers have proven incredibly resilient in their ability to absorb billions of dollars in losses. However, you begin to get the sense that the hard market bow has been stretched back to nearly its limit and just one medium-sized storm could be enough to spring the arrow.

So far, we have seen a wide range of insurer reactions to the untoward first-half 2011 events. For incumbent carriers, the days of rate reductions are almost universally a thing of the past. Taking their place, most carriers are now looking for flat or modest increases in rates. Still others are looking for significant increases, especially if the insured portfolio is heavily wind exposed. Carriers looking at new opportunities appear to be the exception; they’re still being aggressive. Against this backdrop, there continues to be enough capacity for most programs to encourage new players and counterbalance the incumbents looking for increased pricing.

Bear in mind, new capacity that can counter the push for higher prices is not a phenomenon that can or will last forever. Rating agencies’ intensifying scrutiny of insurers and their plans to manage increased modeled portfolio loss estimates will inevitably lead to a reduction in capacity offerings. July 1 CAT treaty renewals have seen prices rise — a dramatic reversal after many years of reductions. Some insurers will buy less reinsurance to save money while others will pass on the premium increases to the ultimate buyer, the insured.

A hard market is not a great environment for insurance buyers, of course. But there are some things risk managers might do to help ease the pain of the expected market swing. Knowledge is the coin of the realm.

Consider several suggestions:

  • Know how the models work and your “probable maximum loss.” Gather secondary modeling characteristics and run those. Many insurers use default settings generating a higher PML than when accurate specific data is input; this could make a difference in the amount of capacity offered and the price.
  • Know how your deal is structured. Is there facultative reinsurance being purchased? How much? Who’s broking that on your behalf? How much does it cost?
  • Take care of the inexpensive outstanding human element recommendations that will make you a better risk.
  • Dust off the business continuity plan and update it. Bring in your supply chain folks and if they have a good story to tell, get them in front of your insurers to tell it.
  • Diversify your insurer portfolio if possible. Utilize the markets in the U.S., Europe, Lloyds, Bermuda and Asia to spread your risk. Each of these markets moves at a different pace and will increase the flexibility of your program.

Taking these steps to proactively manage the insurance cycle risk will put you in a much better position if and when the wind does blow.

Policyholders Expect Rates to Remain Flat or Increase

Given all the major disasters and other market realities of the past year, it’s hard to doubt that the hard market will soon be here. Policyholders have enjoyed a near-unprecedented stretch of favorable insurance premium prices, but it seems that even they now know that the jig is up.

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According to a recent survey by Barclays Capital, nearly three-fourths of buyers no longer expect any rate decreases.

Commercial property/casualty insurance prices are stabilizing, with 70 percent of buyers expecting at least flat rates after years of declines, Barclays Capital said Tuesday.

The firm’s survey of 50 large buyers showed insurers are more disciplined, with multiyear deals absent from the market.

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Just six months ago, 15 percent of buyers were signing such deals, which insurers offer when conditions are weaker.

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Barclays said 30 percent of survey respondents expect their insurance rates to rise and another 40 percent expect flat rates.

It was nice while it lasted for risk managers, but the very nature of a cyclical market means that it couldn’t stay here forever. So now the options are likely to accept paying more for the same coverage or buckle down on loss control and raise your risk retention levels.

Either way, the market is unlikely to shift radically at either the mid-year or January 1 renewals (nor will the hardening apply monolithically across all coverage lines), so risk managers — particularly those who realize that insurance is just one way to way to transfer risk — should be able to adjust just fine.

Where Questionable Insurance Claims Come From

Wanna blame someone for your high insurance premiums?

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Point to the residents of California, Florida, Texas, New York and Michigan.

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Combined, these five states generate half of the nation’s questionable insurance claims — most of which are either suspect auto policy submissions or fake injury claims.

These states account for 49 percent of all “questionable claims” as tabulated by the National Insurance Crime Bureau (NICB).

Questionable claims are those claims that NICB member insurance companies refer to NICB for closer review and investigation based upon one or more indicators of possible fraud.

NICB just released its three-year analysis of questionable claims in the United States from January 1, 2008 through December 31, 2010.

New York, Los Angeles, Houston, Tampa and Detroit are the cities generating the most QCs. Florida has three cities in the top 10 for QCs—Tampa, Miami and Orlando.

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Of course, a large reason that these states have so many fishy claims is that they are so large. Some 110 million people live in the five states mentioned.

But while they do contain about 36% of the nation’s population, that doesn’t actually explain why these locations create 49% of the questionable claims.