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Data Breach or Cyber Liability Insurance

Data Breach or Cyber Liability Insurance

Cyber liability insurance, also known as cyber insurance, is a type of insurance that provides coverage for businesses against financial losses resulting from a cyber-attack or data breach. This type of insurance is designed to protect businesses from the financial repercussions of a cyber incident, such as data breaches, network failures, and other types of cyber attacks.


A cyber liability insurance policy typically covers the following types of losses:


  1. Data breaches: This can include costs associated with notifying affected individuals, providing credit monitoring services, and paying for legal expenses related to data breaches.

  2. Loss of income: If a business experiences a cyber attack and is forced to shut down operations, cyber insurance can provide coverage for lost income.

  3. Data recovery: This can include costs associated with restoring lost data, rebuilding systems, and other expenses related to data recovery.

  4. Legal and regulatory expenses: Cyber insurance can also cover the costs of defending against legal action and fines related to data breaches or other cyber incidents.

  5. Cyber Extortion: Some policies cover the costs of paying off a ransomware attack or other form of cyber extortion.

Why Businesses Need Cyber Liability Insurance or Data Breach Coverage


Businesses need cyber liability insurance or data breach coverage for several reasons:


  1. Data breaches are becoming increasingly common: Cyber attacks are becoming more frequent and sophisticated, and businesses of all sizes are at risk of experiencing a data breach.

  2. Data breaches can be costly: The costs associated with a data breach can be significant, including legal fees, notification costs, credit monitoring services, and loss of business. Cyber liability insurance can help to mitigate these costs.

  3. Cyber attacks can cause long-term damage to a business: The impact of a data breach can extend beyond the immediate financial costs, affecting a business's reputation and long-term viability.

  4. Compliance requirements: Many industries are subject to various regulations, such as HIPAA and GDPR, that require businesses to have proper data protection measures in place and to notify affected individuals in the event of a data breach. Cyber liability insurance can help businesses comply with these regulations.

  5. Cyber extortion: Ransomware attacks or other forms of cyber extortion are becoming more common, in which the attacker demands payment in exchange for not releasing the data or restoring the system. Cyber insurance policies can help mitigate this risk by covering the costs of paying off the attackers

Here are some questions that a business owner can ask to determine if their business needs data breach or cyber liability insurance:


  1. What types of personal and sensitive information do we collect, store and process?
  2. Do we have any compliance requirements such as HIPAA, PCI-DSS or GDPR?
  3. How do we currently protect this information?
  4. What would be the financial impact to our business if this information was compromised?
  5. Are we required by law to notify individuals if their information is compromised?
  6. What is our incident response plan in case of a data breach?
  7. Do we have a cyber-extortion plan in case of a ransom-ware attack?
  8. Do we have a plan to recover lost data and systems?
  9. What is the reputation impact of a data breach to our business?
  10. Are we willing to pay for the cost of a data breach out of pocket or does it make more sense to transfer this risk to an insurer?

What Is Data Breach Insurance


Data breach insurance is a type of insurance that provides coverage for businesses in the event of a data breach, which is defined as unauthorized access to sensitive information, such as the personal information of customers, employees, or suppliers. This type of insurance is designed to help businesses mitigate the financial and operational impact of a data breach.

A data breach insurance policy typically covers the following types of losses:


  1. Costs associated with notifying affected individuals: This can include the cost of mailing notifications, providing credit monitoring services, and paying for legal expenses related to data breaches.

  2. Loss of income: If a business experiences a data breach and is forced to shut down operations, data breach insurance can provide coverage for lost income.

  3. Data recovery: This can include costs associated with restoring lost data, rebuilding systems and other expenses related to data recovery.

  4. Legal and regulatory expenses: Data breach insurance can also cover the costs of defending against legal action and fines related to data breaches.

  5. Cyber Extortion: Some policies cover the costs of paying off a ransomware attack or other forms of cyber extortion.


You get better protection by adding additional raiders to your insurance policy:


Some examples of riders that can be added to a data breach insurance policy include:


  1. Cyber extortion coverage: This rider can provide coverage for the costs of paying off a ransomware attack or other form of cyber extortion.

  2. Business interruption coverage: This rider can provide coverage for lost income and expenses if a business is forced to shut down operations as a result of a data breach.

  3. Crisis management coverage: This rider can provide coverage for the costs of hiring a public relations firm or crisis management consultant to help mitigate the impact of a data breach on a business's reputation.

  4. Network security coverage: This rider can provide coverage for the costs of upgrading a business's network security in the event of a data breach.

  5. Social engineering coverage: This rider can provide coverage for the costs of a data breach caused by a social engineering attack, such as a phishing scam.

It's important to note that the availability of riders and endorsements may vary depending on the insurance company and policy. Businesses should speak with their insurance agent to understand what riders are available and determine which ones may be appropriate for their business.



What Is Not Covered By Cyber Liability Insurance and Data Breach Coverage?


It's important to understand that cyber liability insurance and data breach coverage may not cover all types of losses or incidents. Here are some examples of what is typically not covered by these types of insurance policies:


  1. Intentional acts: Most policies exclude losses arising from intentional acts, such as fraud or embezzlement, by the policyholder or its employees.

  2. Criminal acts: Most policies exclude losses arising from criminal acts, such as hacking or theft, by a third party.

  3. War and terrorism: Most policies exclude losses arising from war or terrorism, as these events are typically considered to be uninsurable.

  4. Bodily injury or property damage: Cyber liability insurance and data breach coverage typically do not cover bodily injury or property damage, which are typically covered by general liability insurance.

  5. Penalties and fines: Some policies exclude coverage for penalties and fines imposed by regulatory bodies, unless specifically included.

  6. Losses not related to the professional services provided: Some policies exclude coverage for losses that are not directly related to the professional services provided by the policyholder.

  7. Losses resulting from failure to comply with regulations: Some policies exclude coverage for losses resulting from failure to comply with regulations such as HIPAA, GDPR, and others.

  8. Losses resulting from failure to implement security measures: Some policies exclude coverage for losses resulting from failure to implement security measures such as firewalls, encryption, and backups.

It's important to understand that coverage and limits of a cyber liability insurance and data breach coverage policy can vary depending on the specific policy and insurance company. Businesses should review their policy carefully to understand the scope of coverage and any exclusions.


Important Note


You might be able to add the Data Breach Insurance to your BOP coverage.

You may consider adding additional Cyber Liability Insurance if you have a lot of sensitive data.


Important Business Insurance Coverages:


BOP Insurance

Professional Liability or Error or Omission Coverage

Cyber Liability & Data Breach Coverage


Deepak Sharma

Deepak Sharma

Insurance Advisor / WealthGuard


  • My goal is simple, protect what is important to you. I focus my energy on discovering your exposure to risk and building a comprehensive plan to protect you against those risk.