Cyber Insurance - The New Way to Manage Digital Risk

Computer hackers stealing customers' credit card- Copyright and trademark infringement
information are no longer just a threat to traditional- Misuse of intellectual property
technology and Internet companies. ChoicePoint, Polo- Negligent acts, errors, or omissions
Ralph Lauren and LexisNexis have captured headlines- Failure to perform, breach of warranty or
recently as victims of credit card theft. They'rerepresentation
among the thousands of companies at risk from- Libel, slander
hackers breaking into their computer systems to- Invasion of privacy
take and abuse customers' personal information.- Denial of service or unauthorized access to, use of
These days, every company doing business over theor introduction of malicious codes into data, software,
Internet is at risk, whether the company is a hugesystems or networks
software maker, a bricks-and-mortar retailer with aAlthough cyber insurance has been available for the
dot-com presence or a tiny retailer selling specialtypast four or five years, many larger companies
crafts online.choose to self-insure this exposure. However, as it
All businesses have private, critical information that'shas become more affordable and the coverage has
at risk. It could be anything from patents onevolved, even some of the largest firms in this area
intellectual property to customer social securityhave taken advantage of it.
numbers.Premiums also vary based on the type of company
Unfortunately for these companies - and theirbeing insured. A technology company, whose core
customers - many digital losses are not coveredbusiness involves computers and the Internet, will
under traditional corporate insurance policies.pay more for cyber insurance than a company that
Commercial general liability policies - in particular theonly does 5 percent of its business over the Internet.
personal injury and advertising injury coverages - nowFor technology companies, the premiums are high in
offer very limited coverage for many of the risksrelation to other coverages. For example, cyber
emerging from the widespread use of the Internetinsurance may cost as much as 2.5 times the
for commerce. In addition, policies covering damagepremium for directors and officers liability insurance
to your own property, vandalism, businessand 25 times as much as general liability coverage for
interruption, and dishonesty focus on tangiblea small to mid-size technology company. It may be
property but offer little protection for malicioushard for such a company to swallow the relatively
programming (viruses) and for intellectual property -high cost of cyber insurance. But if the firm doesn't
significant exposures for many companies. Thesebuy it, it could be gambling the entire company. If
policies typically offer very limited coverage for losssomeone hacks into the company's computer system
of computer data, regardless of how catastrophic orand misuses the information stored there, it could be
debilitating the loss.potentially devastating.
This leaves companies victimized by computer lossesThe process of obtaining cyber insurance offers
open to substantial financial damages - and theother benefits. Before an insurance company grants
exposures are growing every day. Realizing this, acoverage for cyber exposures, it often works with
number of companies are seeking protection throughthe company to assess the risk and evaluate
a type of coverage loosely referred to as "cybercontrols, including security measures in place to avoid
insurance." This insurance line has emerged over theor mitigate losses. This can identify vulnerable areas
past several years as a way for companies to hedgeand the need for improved controls. Insurers also
against lawsuits from customers whose personalwork with the company to make sure the company
information is stolen - or other lawsuits fromis prepared to respond promptly to problems, contain
customers alleging financial harm from misuse oflosses and keep them from escalating, and finally, to
digital information.pay claims from a catastrophic event. The priorities
Let's look at two examples:are loss prevention, claim mitigation, and loss
1. Fictional web site design firm "Web Design," whichpayment.
has 100 employees and $40 million in annual sales.Companies who want cyber insurance will have to
Fictional client "Widget World" hires Web Design toprove they:
design a Web site to sell products. In addition, Web- Have a formal privacy policy in place
Design creates a customized order package for- Have a policy governing whether and how they will
Widget World to take orders online. The orderingsell or disseminate personal information
software assesses tax on orders. Unfortunately,- Will be responsible for personal data such as health
Widget World later learns it is not authorized toand financial information
collect the tax and must refund the money to- Have intellectual property rights clearance
customers. The cost to Widget World is $250,000,procedures for new and current employees
which they decide to recover by suing Web Design.- Have a formal policy on how to respond to security
If that weren't enough, a Widget World competitorbreaches and other complaints, in addition to
sues Widget World, claiming its website looks tooinaccurate, defamatory or troublesome content
similar to the competitor's Web site. Widget World- Have policies in place to protect users of chatrooms
then sues Web Design for trademark infringement.and bulletin boards
This used to be covered under Web Design's general- Have a security plan and protocols in place that are
liability policy but now excludes it. Cyber insuranceupdated routinely
typically provides this coverage.- Have hired hackers to try to breach their security
2. Fictional retailer decides to offer products to- Are ensuring the quality of their products and that
customers online with payment by credit card as anthey comply with standards, maintain documents,
option. A hacker breaks through the security andhave a customer notification plan, and a plan to recall
obtains and sells private information on the creditand fix products
cards and social security numbers of 300,000- Have planned for worst-case scenarios
customers. The retailer notifies its customers of theHigher deductibles for cyber insurance are common.
security breach, but is exposed to claims fromIt's important that the company being insured has
customers for unauthorized use of their credit cardssome "skin in the game" so they'll help control the
as well as potential identity theft. Traditional policiesrisk and keep losses from happening.
exclude this but coverage can be bought backOverall, having cyber insurance is part of a company's
through certain kinds of cyber insurance.entire risk management effort, also known as
Within the computer security industry, cyber"enterprise risk management." This involves looking at
insurance is gaining interest. A panel discussed it atthe business comprehensively and strategically to
the February 2005 RSA Conference and Expo, adetermine what can threaten a company's survival.
leading security conference, in San Francisco. ManyCyber-related losses could be so extraordinary that
insurance companies now offer cyber insurance inthey would fall into this category. If a company does
one form or another. The coverage is evolving andany significant portion of its business over the
pricing is improving as more companies expressInternet - which includes selling products or services,
interest in the coverage and the industry sortscommunicating with employees or customers and
through new computer threats and the best ways toexchanging information - it could be exposed to
protect against them.problems from people who want to cause havoc or
Insurance companies offer varied products thatharm.
protect against different kinds of threats or losses,For these companies, cyber insurance offers tools
including:for managing their digital risk.