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CYBER INSURANCE
MEL Educational Seminar
PAUL J. MIOLA, CPCU, ARM
AREA EXECUTIVE VICE PRESIDENT
ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES
Edward Scioli | Account Executive
Conner Strong & Buckelew
Public Sector Practice
APRIL 17, 2015
• Not just insurance coverage
 Claims for damages by third parties
• A variety of services
 Designed to prevent claims
 Respond on your behalf
 Deal with regulators
o Make sure you comply
 Handle Public Relations
Takes the burden off of you
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• In the event of a data breach:
 Notify Employees
 Notify members of public
 Notify regulators
o State/Multi State
o Federal
 Additional efforts
Who has to do this?
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Responsibility lies with the offending entity
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• Cyber claims are infrequent but they do
occur
• Big name companies are targets but you
represent low hanging fruit
 Lack of formal security and “Privacy Policies”
• What if it happens to you?
• Will you know what to do?
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• If you pass along a virus or other type of
malware, even unknowingly, especially if another
entity's customer information is then
compromised.
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• An employee gains unauthorized access to
another entity's information or if confidential
information is disclosed or misused.
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• If an employee knowingly or unwittingly slanders
another entity in a blog, e-mail, or in a social
media or forum post, or infringes on copyrighted
material.
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• If you do not follow federal or state regulations
controlling notification of members of the
public/employees whose personal data has
been compromised.
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What Are You Doing
To Control Risk?
Knocking on wood — hoping
that it won't happen to you —
isn't risk management.
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XL Value Added Services
• eRisk Hub
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Go to https://www.eriskhub.com/xl.php
Complete Registration Form
Access Code – 10448
Once Registered your have immediate access to the
portal with User ID & password created during
registration
The eRisk Hub portal is a one-stop shop that brings you up-to-the-minute
cyber risk information — expertise you would spend tens of thousands
of dollars in consulting fees and staff hours to attain on your own.
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eRisk Hub
• Incident Roadmap – suggested steps to take following a network or
data breach incident and free consultation with a Breach Coach®
• News Center – articles on major breach events, security and privacy
blogs, IT security updates, risk management events and helpful
industry links
• Learning Center – a library of best-practices articles, white papers
and webinars from leading technical and legal practitioners
• Risk Manager Tools – self-help for managing cyber risk, including
a cyber-risk assessment survey, breach notification guides, what-if
modeling tools to estimate the cost of a breach, and research tools to
monitor the type, frequency and severity of incidents occurring in
your business sector
• eRisk Resources – a directory to help you find qualified third-party
resources with expertise in pre- and post-breach disciplines
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What More Should You Do
To Control Risk?
• Are you training employees?
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Reinforcement Tools
Protecting your data is too important to leave to once-a-year
training. Reinforcement helps you get the message out any time
of the year!
Articles & Tent
Cards
Animated Videos
Games
Posters
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Ed Scioli
Conner Strong & Buckelew
• Claims Reporting and Coverage
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•
Breach occurs when an unauthorized
3rd party accesses your network or the
network becomes infected with a virus
or a denial of service attack.
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And who pays for it?
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Ghost Busters?
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Immediately dial the
XL Data Breach Hotline
1-855-566-4724
This is EXTREMELY IMPORTANT!
Keep the number handy!
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XL’s Cyber Claim Team
They will guide you.
But this does not meet the claims reporting requirements!
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proclaimnewnotices@xlgroup.com
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What’s Covered…
Data Recovery:
• Expenses required to replace,
recreate, restore or repair the
Insured’s network or information
residing on the network to
substantially the form in which it
existed immediately prior to a
breach.
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Additional Exposure…
Cyber Extortion:
• Coverage provided to reimburse an
Insured the amounts paid to avert a
credible threat to commit or
continue a network attack against
the insured or to disclose
personally identifiable information
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Crisis Management Costs
Data Breach Response
• Costs incurred following a breach
 Forensic costs
 Public relations costs
 Legal Fees
 Mandatory notification costs
 Credit monitoring
 Call center
 Breach coach costs
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Crisis Management Costs
• PCI-DSS Response
 Costs incurred following a PCI-DSS incident
 Independent forensic investigation
 Attorney fees
 Fines and Penalties
*Payment Card Industry Data Security Requirements
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Third Party Liability Exposure
Privacy Liability
• Claims arising from third parties for
allegations of:
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Violation of privacy torts, law and regulations (HIPPA,
etal)
Theft, loss, unauthorized disclosure of personally
identifiable private information
Including both on-line and off-line data
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Regulatory Risks
Defense
• Defense costs resulting from a regulatory
investigation or proceeding. Typical
enforcement comes from the FTC or AGs.
• FTC can charge defendants with violating of
Section 5 of the FTC Act, which bars unfair
and deceptive acts and practices in or
affecting commerce.
• The FTC has the power to press legal
actions against organizations that have
violated consumers’ privacy rights, or misled
them by failing to maintain security for
sensitive consumer information.
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Media Coverage
• Covers the content the Insured
disseminates through various
means including social media for a
defined list of covered perils.
 Intellectual property infringement
 Defamation
 Other personal injury torts
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Third Party Coverage:
• Media Liability, Network Security and Privacy
Liability
 $3,000,000 per claim
 $6,000,000 annual aggregate
 $25,000 deductible each claim
• Regulatory Fines and Penalties sub limit of
$1,000,000
• Retroactive date January 1, 2013
* Limits may vary by JIF
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First Party Coverage:
• Notification Costs, Extortion Threat, Crisis
Management and Business Interruption
 $3,000,000 per claim limit
 $6,000,000 annual aggregate
 $25,000 deductible each claim
* Limits may vary by JIF
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• Data Breach Hotline
• XL Cyber Claims Team
• eRisk Hub
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Paul J. Miola, CPCU, ARM
Area Executive Vice President
Arthur J. Gallagher Risk Management Services
Edward Scioli, Account Executive
Conner Strong & Buckelew
This presentation will be posted to the JIF websites
www.acmjif.org
www.burlcojif.org
www.tricojif.org
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