Let's talk about Cyber Liability and Tech E&O insurance for businesses...

Al3x Lee

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I picked up a fascinating new book, and by fascinating I mean it revolves around cyber law, cyber security and cyber insurance. A real page turner, like Harry Potter or Lord of the Rings. Just kidding, we all know that as soon as law, cyber or insurance subjects come up, 90% of the populace would rather be doing anything else than reading or hearing about it. Regardless, this is important, and in my opinion, cyber is growing into an exponential problem, that a majority of our industry isn't interested in addressing. The book is called Damage Control, but I'll get back to that in a minute.

We can kick the can down the road for now, but in a few years many businesses will have more cyber assets than physical assets. It's easy to picture your building burning down, or one of your employees getting into a car wreck. Any savvy business owner is keen to try and shield themselves from these exposures. But a ransomware, phishing or other cyber attack? That never happens to anyone, right? The business owner figures, "my software vendors will take care of the business if that happened, right?" Unfortunately, not so right, and we as insurance agents aren't helping the problem either. Speaking to peers in the industry, we don't really know what exposures we're insuring against when we sell a cyber policy.

I was talking to one of my friends who has been a commercial P&C agent for over half a decade. He sold a company a cyber liability policy with a $1,000,000 limit. Some time later, the company realized their payroll system had been hacked and the thieves siphoned $300,000 for themselves. My buddy thought, "Thank god I put that cyber policy in place, time to make a claim". He files the claim and the carrier comes back saying "Sorry, but this policy doesn't cover cyber crime." After some panicking and talks with his agency management, they went back to the cyber carrier and claimed their ignorance to how the policy actually worked and said they sold it to the client with the assumption it would cover this event. This was 2019, so the market was softer and the carrier caved and paid the claim because of their good relationship with the agency with the contingency of not doing this again in the future. Do you think my buddy is excited to sell more cyber policies?

The book Damage Control, points out some interesting things
  1. The average insurance agent is 59 years old, and most agents that age are not looking to learn a new, complex line of insurance in the twilight years of their career
  2. Griffith Insurance Education Foundation and The Institutes conducted a survey that found younger employees find cyber insurance boring. It is concluded that young agents with requisite technical knowledge are unlikely to be available.
  3. Many businesses assume that if they get compromised by a ransomware event, they can restore their systems to the latest backups and go about their day, leaving others none the wiser. Many of these businesses don't realize they've been caught in an "attack loop", a type of ransomware that attacks a system and remains dormant to contaminate the backups for an average of 200 days prior to instigating their attack. This makes the backups effectively useless.
Some other alarming statistics
  • Cybercriminals can penetrate 93% of company networks
  • In 2021, the average number of cyberattacks and data breaches increased by 15.1% from the previous year.
  • Cybercrime cost U.S. businesses more than $6.9 billion in 2021
  • $43 billion stolen through Business Email Compromise since 2016, reports FBI
  • Small Businesses Are the Target of 43% of All Data Breaches
  • 60% of Small Businesses Go Out of Business Within 6 Months After a Cyberattack
  • 51% of Small Business Owners Pay the Money When Hit with Ransomware
  • 47% of Small Businesses with Fewer Than 50 Employees Have No Cybersecurity Budget
  • 56% of Small Business Owners Aren't Worried About Being Hacked in the Next 12 Months
  • Nearly 60% of Small Business Owners Are Confident They Can Resolve a Cybersecurity Attack
  • 42% of Small Business Owners Have No Cyberattack Response Plan
  • Just 22% of Small Businesses Encrypt Their Data
https://firewalltimes.com/small-business-cybersecurity-statistics/
Cybercriminals can penetrate 93 percent of company networks



Despite all of this alarming information, even if agents were interested in helping their clients by putting untold time and effort into learning the cyber policies and trying to help their clients by setting up the policy, there are multiple downsides for the agent
  1. Cyber premiums are usually a miniscule portion of a companies insurance package. P.F. Chang's, a multi-billion-dollar-per-year business with significant exposure across untold numbers of computers and terminals, their cyber insurance policy premium was approximately $134,000 as of 2020. (According to Damage Control). There's only so many multi billion dollar businesses around, and at the end of the day, insurance agents need to make money to stay in business.
  2. Most business owners are resistant to Cyber policies as they either don't understand them, or they don't think they need them. They consider the risk versus expense and forego coverage, even if it's at their detriment.
  3. The cyber insurance is complex, and in a constant state of evolving and changing. Unless an agent were to specialize, it would be nearly impossible to stay on top of these changes.

All of that being said. What are your thoughts and experiences with cyber insurance for businesses? I personally think we're in for a bumpy ride going forward, and monumental challenges that we're not ready to face.
 
The average insurance agent is 59 years old, and most agents that age are not looking to learn a new, complex line of insurance in the twilight years of their career

Yup, that's me right there!

Seems all my Carriers include their Cyber package as part of the quote, and I leave it up to the Insured to remove. A few will reject the coverage, but that is there call. Easy to offer at least the basics.

I write a lot of contractors. It was a little HVAC contractor that had his credentials stolen that caused the largest data breach in history , Target 2013. What would $50,000 in cyber liability do for this?

I did actually write my first cyber policy this year. It was for a consultant doing work for the State of NY. They required $1M in Cyber Liability. Got it placed thru Coalition, with an annual premium of $1600, not much premium for a $700k gross sales consultant.

It will be interesting to see how the these Cyber 'packages' that carriers offer today hold up with the claims. Maybe some of them wishing they didn't jump in?
 
Yup, that's me right there!

Seems all my Carriers include their Cyber package as part of the quote, and I leave it up to the Insured to remove. A few will reject the coverage, but that is there call. Easy to offer at least the basics.

I write a lot of contractors. It was a little HVAC contractor that had his credentials stolen that caused the largest data breach in history , Target 2013. What would $50,000 in cyber liability do for this?

I did actually write my first cyber policy this year. It was for a consultant doing work for the State of NY. They required $1M in Cyber Liability. Got it placed thru Coalition, with an annual premium of $1600, not much premium for a $700k gross sales consultant.

It will be interesting to see how the these Cyber 'packages' that carriers offer today hold up with the claims. Maybe some of them wishing they didn't jump in?

Thanks for the input, yes, that's a low premium for a $1,000,000 limit! Makes me wonder what it's actually covering and what the exposure is. It seems as though cyber policies haven't become completely standardized yet. I have written cyber policies as well and the premiums seem low, but I suspect that may change in the coming years and the list of exclusions will likely grow
 
Usually the cyber insurance that's included in a BOP policy isn't very dynamic.

For reference I've been a commercial only broker for about 11 years. Usually the only time I sell a standalone cyber policy is when someone is responding to contract requirements and they can't get out of it.

YMMV.
 
It's no doubt a growing market. I have buddies that sell lots of it, one was telling me about a brewery that got it because they their client list got hacked. It's an agnostic exposure, one that is ahead of its time that's for sure so a hard sell for now but will eventually be another renewal.
 
Caveat, not an agent.

There are lots and lots and lots of books and comics titled damage control.

For those interested in the book, I think OP is probably referring to Damage Control: Cyber Insurance and Compliance by Daniel Hudson 2020. It seems to have kindle and print versions.
 
It's true that cyber threats are growing rapidly, yet so many businesses and even insurance agents are still overlooking the importance of addressing them. The idea that we can "kick the can down the road" isn't work in the long run, mainly as more and more companies rely on digital assets.
 
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