If your company were hit with a cyberattack today, would it be able to foot the
bill?
The entire bill, including costs from regulatory fines, potential lawsuits,
damage to your organizations' brand, and hardware and software repair, recovery
and protection?
It's a question worth careful consideration, given that the price of
cyberattacks is rising at an alarming rate. The second annual Cost of Cyber
Crime study, released last August by the Ponemon Institute, reported that the
median annualized cost of cybercrime for a company is $5.9 million -- a 56%
increase from the 2010 median figure.
A growing number of insurance companies are offering policies that provide
protection in the event of data breaches and other malicious hacks. But they're
having some difficulty making many sales -- in part because the cost of premiums
can be staggering.
Lawyers and information security leaders say many executives mistakenly believe
that standard corporate insurance policies or general liability policies cover
losses related to hacking, or that their cyberpolicies, if they have them, will
cover all costs related to a breach. Most of the time, they won't.
A February 2011 paper by Forrester Research analyst Khalid Kark indicates that
many companies are still trying to understand the basics of these policies,
which are offered by such carriers as ACE USA, Chubb, The Hartford and St. Paul
Travelers Cos. The most common questions revolve around what types of polices
are out there, what they cover, how to select the right policy and whether such
insurance is even needed.
IT leaders are particularly likely to get confused, because tech execs have not
traditionally made decisions about corporate insurance. Likewise, the risk
management and legal teams that typically do make insurance decisions have not
customarily sought out their IT counterparts for advice.
Yet, IT's input is crucial when it comes to deciding whether to purchase
cyberinsurance and determining what coverage to buy, security experts say.
"The IT people and the risk people
desperately need to get together to talk about risk in terms of information
technology and the likelihood and outcomes of a breach," says Don Fergus, an
IT risk consultant and 2012 chairman of the IT Security Council for the
security professionals organization ASIS International.
What's Covered, What's Not
Some companies purchase standard insurance policies and think they're fully
protected, not realizing that the policy might cover physical property but not
intangibles. For example, a property insurance policy would cover the cost of a
server smashed up by a disgruntled employee, but it wouldn't cover the company's
liability for failing to perform a service for a client as a result of the
server downtime.
Liability insurance generally offers protection from lawsuits or claims, but
Fergus points out that general liability, errors and omissions, and directors
and officers liability insurance policies will not cover claims arising from
electronic data loss or lack of access to that data.
Ken Goldstein, vice president of Chubb Group of Insurance Cos. in Warren, N.J.,
explains that cyberinsurance falls into two general buckets. The first bucket
covers costs associated with third-party liabilities -- that is, claims from
other organizations. And the second covers first-party expenses and losses --
that is, damage to your own organization. Additionally, policies are available
that cover other costs, such as third-party notification and PR expenses.
Of course, companies can purchase policies to address both first and third
parties, so they're covered for a range of scenarios -- from the cost of
notifying customers whose data was breached, to the cost of hiring a forensic IT
team, to even the cost of extortion and ransom demands, Goldstein says.
IT Pros as Insurance Experts?
Companies considering a policy need to determine exactly what coverage they
need and whether it makes sense to pay the premiums associated with that
coverage, says Eric J. Sinrod, a San Francisco-based partner at national law
firm Duane Morris.
That's where IT comes in. An organization's risk management and legal folks
understand the language of insurance riders and exclusions, but no one is better
equipped to understand and articulate an organization's information security
system than the people who run it.
"The CIO is on the front lines in
dealing with information systems and should know about actual and potential
problems," says Sinrod.
Insurance companies will want to know what
security exists at a company before they write any policy, and they might even
require a third-party audit to verify what's in place, says Mark Lobel, a
principal and security benchmarking expert at PricewaterhouseCoopers. Therefore,
companies must ensure they follow the best information security practices for
their industries, he says.
IT leaders should then determine potential threats, the likelihood that they
will occur, and how such threats will impact the organization if they do happen.
"You can't insure [correctly] if you
don't understand the risks," Lobel explains.
Not all companies -- or all IT departments
-- are comfortable with this level of self-scrutiny, points out ASIS
International's Fergus. "There is a head-in-the-sand kind of view," he says. "IT
people may know they're vulnerable, but they don't want to write it down."
Sticker Shock
Even companies that have done their due diligence can be in for a jolt,
Fergus says.
"They go out to the [insurance]
carriers, and they get sticker shock."
That's because cyberliability insurance
can cost $7,000 to $40,000 per million dollars of loss. And with losses possibly
totaling in the tens -- or even hundreds -- of millions, a policy that covers
such costs can carry a staggering price tag.
Deciding how much coverage to buy can be tricky. Too little, and you don't cover
your exposure. Too much, and you face the prospect of sky-high premiums. In
Towers Watson's 2011 Risk and Finance Manager Survey, 61% of the responding
companies that were carrying network liability policies said that they had
bought $10 million to $49.9 million in coverage limits; only 8% had purchased
policies with $50 million or more in coverage limits.
Some companies take a look at the cost of coverage and balk. Others worry about
payouts, particularly in light of a few high-profile cases in which the insurer
and the organization filing a claim wound up in court. Sony and the University
of Utah were among the organizations involved in such cases.
Hord Tipton, executive director of the nonprofit International Information
Systems Security Certification Consortium, says his organization doesn't carry
cyberinsurance. Companies that do, he contends, may become lax. He warns:
"A company should not let complacency
set in just because they are insured."
More important, Tipton maintains,
insurance couldn't help his organization recover the most valuable asset it
could lose in a breach: its reputation.
Chubb's Goldstein counters that logic, saying companies might find that they can
survive the hit to their reputation only to realize that the costs of repairing
other damage will do them in. As he points out:
"You'd hate to assume you'd be out of
business because of reputational damage, only to find what sunk you wasn't
the reputation but the cost of the liability."
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