Cyber Liability: New Exposures

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Julius Hicks
5 years ago
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2 New Economy, New Exposures Business shift: Bricks and Mortar to Clicks and Orders Online business is bigger than ever Public Web presence for all to access Explosive growth in the 21st century One billion websites and growing!

3 New Exposures Net expansion outruns General Liability (GL) coverage Existing policies do not account for Web-based liabilities Data theft is commonplace Increasing intellectual property liability claims

4 New Exposures Employee misuse of websites, s and other electronic communications that involve: Harassment of other employees or outside individuals Accidental or purposeful slander or copyright infringement Use of pirated or unstable software Misuse of company data

5 Economic Exposures Trademarks Copyright implications Intellectual property rights Defamation Security Systems failures

6 Trademarks Risks: Cyber-squatting Registering domain names without consent Deep linking Linking to Web pages within sites Using unauthorized links To websites without consent

7 Copyright Implications Risks: Unlicensed duplication of copyrighted material Theft or unauthorized distribution of trade secrets, customer lists, etc.

8 Intellectual Property Rights Risks: Website content Ownership issues Who owns what content? What is the scope of the licenses? Patent infringement How to manage: Decrease legal liability with terms-of-use agreement Security and encryption concerns Review methods of authenticating information

9 Defamation Risks: Defamatory statements Opinions versus facts Postings Via websites Forums Publications Blogs Online bulletin boards

10 Data Security Risks: Collection, storage and use of information Privacy issues Security breaches Risk Management: Data Security Policy Data Encryption Employee Training Transfer liability to third-party vendor

11 Systems Failures Risks: Virus attacks Physical damage or interruption to servers Natural disasters

12 Employee-Related Exposures Employment liabilities Privacy violations Discrimination and harassment

13 Privacy Violations Employees claim their privacy rights were violated after the employer reviewed s or personal files Employees claim privacy violations for website tracking or blocking of Internet sites

14 Discrimination and Harassment Employees receive unwelcome verbal, visual or physical conduct that is sexual or discriminatory in nature Conduct interferes with employee s work Employee feels violated and uncomfortable on the job Conduct occurs via , forum posts on the Internet or by physically showing another employee explicit websites

15 Social Media Exposure Misuse of social media can open a company up to a variety of risks Keep track of what s being said about your company online, through social networks and blogs

16 Cyber Liability Insurance Scope: Any company with a Web presence or performing e-commerce activities Coverage: Intangible economic losses Destruction of home pages Network and server failure Unauthorized obstruction of customer information Restoration costs Fake orders Viruses Industrial espionage Base Rates: Overall revenues

17 Solution Options Internet Liability Insurance Covers for loss caused by fraudulent alteration or destruction of electronic information such as: Malicious copying of trade secrets Extortion, virus versus ransom Loss of business income caused by virus or destruction of electronic information

18 Solution Options Media Liability Insurance Includes coverage for: Libel and slander Invasion of privacy Infringement of copyrights Intellectual Property Network Security Product Recall

19 Features Occurrence policy Claims Made Policy with extended reporting periods (ERP) Duty to defend Punitive damages Jurisdictional

20 Possible Exclusions Typically, a traditional Commercial General Liability (CGL) policy will afford you coverage for business interruption, intellectual property damage, and similar losses. However, insurers are avoiding liability by including specific exclusions and requiring endorsements for this coverage. Therefore, a careful review of policy language is necessary.

21 Claim Example ü Corrupted data Example: A communications company sues for lost revenue and expenses to recover billing files for wireless customers that were deleted by their software vendor who was updating the system. Indemnity Paid: $750,000 Defense Costs Paid: $150,000

22 More Examples n 130 million credit card numbers were stolen from Heartland payment Systems (HPS) by an outside hacker n HPS s stock price had fallen 74% 45 days after the breach n The breach cost HPS upwards of $70 million n Kaiser Permanente was fined $200,000 for publicly posting 150 patient names, addresses and medical records on their website n A 2012 data breach insurance claims study done by Net Diligence found that the average cost of legal defense for a data breach was $582,000 and the average cost of a settlement was over $2 million!

23 Cyber Liability: New Exposures New Solutions from CONRAD INSURANCE

Be the GAME CHANGER.

Be the GAME CHANGER. DISCLAIMER Seminar materials and presentations are intended to provide you with guidance and insight with regard to the selected topics. However, your instructor is not an attorney;