Insurance, Silent Cyber, and Refused Claims, Oh My!

This is a companion blog posting to my Episode 1 Podcast about Insurance, etc. which can be found on the Podcast page of this site, or on all good podcasting platforms, including Google, Apple, Spotify, Pocket Casts, etc.

Disclaimer

I am not an insurance specialist, I am a techie with over 30 years of real-world experience in malware, over 15 years of ethical hacking experience and over 10 years of digital forensics (incident response) as well as working for a large cyber insurer for over 2 years (note past tense) where I worked hand-in-glove with underwriters, brokers and claims staff in helping them understand cyber risks, defences and remediation. I also used to meet with CISOs, IT Security Managers and Risk Managers/Legal Council to understand their risks and processes, procedures, technologies, business partners, supply chain and cloud/outsourced services.

I run my own business; I do not work for an insurer or sell insurance (of any type). However, when I did work for an insurer, along with being the cyber risk specialist assisting underwriters, brokers and claims adjusters. I also trained many cyber underwriters, helping them to understand the technology, the lingo (acronyms) and what are the right questions to ask (and what are good answers), when to ask them, and to who (so that they could have meaningful risk dialogue with CISOs, IT Managers, etc.) The underwriters then can understand the answers given and price the risk appropriately, rather than just fearing a worse case scenario, and pricing according to their fears/expectations (which is far better situation (both on cover/limits and pricing) for the insured/client too)!

“Silent” Cyber

For those of you that are not in the insurance industry, you may not be aware of this term and what the implications are to existing (non-Cyber) policies, such as Property, Casualty, D&O, Kidnap and Ransom or Crime.

In simple terms, Silent Cyber is used to describe the case where cover for Cyber threats is not explicitly mentioned in the policy wording/coverage. As the insurers would say, these non-Cyber policies do not have “affirmative” cover.

What this means to you as a policy holder is that the insurer may not honour a claim if it is Cyber related for a non-Cyber policy (even if you have a Cyber extension to that non-Cyber policy). Why, because the wording and terms and conditions in force will be those from the master policy (the non-Cyber one/the main policy). This can cause claims to be rejected, as can be seen in the next section of this article.

Refused Claims

There have been two recent cases reported where the insurer has declined to pay a claim in relation to the NotPetya attacks back in June 2017, these are Hiscox vs DLA Piper and Modelez vs Zurich.

Despite what the press and other media has claimed, in both cases that the policy was a cyber policy and the reason stated by the press or other media for the claim being declined was down to an “act of war, or hostile action”.

From what I have found out, neither of these claims are in relation to Cyber Insurance policies, in fact they both are related to Property policies (which are, even with a cyber extension added on, not the same as a dedicated Cyber Policy.   Very sloppy reporting, which doesn’t help anyone…

So, this has resulted in every person and their pet of choice making statements, such as “well, what is the point of buying insurance as the insurer will weasle their way out of having to pay” and “there is no point in buying cyber insurance, as I’ve seen what happened to the claims from Mondelez and DLA Piper”.

Expecting wide-ranging/expert Cyber coverage from a Property policy is like expecting wide-ranging/expert Health insurance from your House and Contents policy! Not surprisingly you will not get comprehensive health cover backed by experts in this area. It’s a bit like expecting your gardener to offer health screening (without them being a medical practitioner).

A few days a go a written statement was sent to SC Media UK (owner of the SC Magazine) in which Kylie O’Connor, the head of group communications at Hiscox stated “The dispute we are in with DLA Piper, is not about a cyber policy and has nothing to do with a war exclusion.” This just proves that the press and other media were (shock, horror) making things up so that they could publish (without little things like “facts” get in the way!

However, in the case of Norsk Hydro, they do have a dedicated Cyber policy, and therefore are covered under that policy (up to their limit, and after taking into account any excess, waiting period, and loss adjustment).

Why do companies invest in cyber insurance?

Well, for lots of reasons, including the ones listed below:

  • Hacking (external or internal misuse)
  • Physical loss of data (left on train, back of cab, accidents (sending data to the wrong person, etc.)
  • Data corruption or eraser (cost to recover or recreate), even paying for ransomware decryption keys.
  • Business Interruption, such as DDoS, Ransomware, etc. including loss of business
  • Costs for first response (forensics, legal, PR), etc. covered under the policy
  • PCI and other fines covered (where legally allowed)
  • Bricking (where a device becomes unusable due to a firmware or other update failing).
  • Legal or contractual requirements (from industry, business partners, etc.)
  • In some cases the insurer will offer services/solutions/products to help the insured improve their overall security posture/maturity for free (as part of the policy) or at a discounted price.

At the end of the day suffering a cyber breach has almost become “normal” and “expected” as not a day seems to go by when we don’t hear about yet another breach (new or historical); a good cyber insurance policy can help offset the risk and related costs for such breaches/incidents.

Then there are new risks/attacks such as CryptoJacking and Password Spraying (O365 and GSuite targeted via IMAP and even if 2FA or MFA is enabled they may be able to get in to your account).

What are  the ways that companies could avoid falling into this crevasse?

Check the policy you have is fit for purpose, check with your insurer or broker. I strongly suggest that you ask your insurer or broker which scenarios/risks you are covered for by the policy and if you identify gaps in your existing coverage decide if the cost of taking out extra insurance is a good risk/benefit trade-off or solution.

Check that the coverage includes first response (forensics, legal and PR services), that you have enough cover for business interruption, including lost business and remediation costs. Also consider the brand/reputational damage and knock-on customer effects, loss of trust, etc.

Check to see that the policy will cover financial fraud, such as BEC/Fake CEO, employee fraud, if not, find a crime policy that includes this. Crime policies are not the same as a Cyber policy as what they cover is different, or from a different perspective.

Make sure that the Limits, waiting period and excess is suitable for your business needs.

Don’t go for the cheapest, especially if the insurer/broker only ask 5-10 questions and doesn’t sit down with your CISO or IT Manager, etc. to discuss the answers afterwards (very few questions can be answered yes or no; they are usually a bit of both and the answer may vary across a typical organisation), as may the questions that should be asked by the Insurer or Broker.

The Future?

Even though a dedicated Cyber policy is a far better bet in today’s incident/breach strewn world, there are some things that they still don’t cover.

I want to see the Insurance industry step up and make Cyber policies more inclusive; it would be better if Crime cover was also included (including not only crime and fraud due to hacking, but also fraud due to social engineering or insiders/insider collusion). This should include BEC/Fake CEO and Invoices, etc. even when NO hacking or breach has occurred!

In Summary

Organisations need to ensure (no pun intended) that the existing Insurance policy or policies they have are fit for purpose and will actually pay-out when needed. You need to purchase the right policy type for the right risk, as otherwise you could end up in the same situation as DLA Piper and Mondelez… If in doubt check with your insurer or broker, before it is too late!

Update 15th April, 2019: It has come to my attention that Merck is also suing their insurer for refusing a claim; again it is NOT a Cyber policy, it is in relation to their Property policy.

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