2023-2024 - The Betterley Report - Cyber Insurance Healthcare 2023
2023-2024 - The Betterley Report - Cyber Insurance Healthcare 2023
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December
Employment Practices Liability Insurance Market Survey
The Betterley Report
Editor’s Note: In this issue of The Betterley patient data or a simple release of data through
Report, we present our sixth review and evalua- the carelessness of an employee or vendor. The
tion of insurance products designed to protect risks also include theft of corporate informa-
against the unique risks of data security for tion, extortion, and interruption of services.
healthcare insureds. Risks include the breach of This version of The Betterley Report is
security by a hacker intent on stealing valuable focused specifically on healthcare insureds,
although it is based in part on our June
“Cyber/Privacy Insurance Market Survey.”
List of Tables There are 16 insurers that self-identified as
Contact and Product Information 17 having a significant interest in healthcare
Product Description 21 insureds included in our report (down from 17
Market Focus—Healthcare Organizations— in 2022).
Types and Size of Insureds 30
Market Focus—Managed Care Organizations—
36
Liberty Mutual/Ironshore was added to our
Types and Size of Insureds
participating insurers. TMHCC and CNA were
Capacity, Deductibles, Coinsurance, and Agent Access 42
Data Privacy: Types of Coverage and Limits Available
removed as they did not provide updated infor-
43
Data Privacy: Regulatory and Statutory Coverage mation.
Provided 45
Why Did We Focus on Health Care?
Data Privacy: Payment Card Industry Coverage Provided 46
Data Privacy: Coverage Triggers 47 A few reasons. First, there are a lot of
Data Privacy: Types of Data Covered 48 healthcare insureds buying (or at least seeking)
Data Privacy: Remediation Costs Covered 49 cyber insurance. We are regularly asked to
Data Privacy: Remediation Coverage Services 51
research products designed for those insureds.
Coverage Extensions and (Sub)Limits Available for
Cyber Insureds—Media Liability 53
Second, some of the exposures and cover-
Security Assessment Requirements (By a Third Party) 55
ages needed by healthcare insureds are spe-
First-Party Coverage: Direct Damage and
Business Interruption 56 cialized. And finally, the value-added risk
Coverage for Loss Resulting from State-sponsored or management services that a healthcare organi-
Terrorist Act 58
zation needs are specific to their industry.
Theft (First-Party) Coverage 60
Theft (First-Party) Coverage—Deceptive Funds Transfer Since one of the driving forces behind The
or Social Engineering 62
Betterley Report is to improve products by bet-
Extortion/Ransomware Coverage 64
ter informing insureds (and their advisers), we
Third-party Coverage: Bodily Injury and
Property Damage 68 hope to encourage more specialized—and
Third-Party Coverage 69 appropriate—products. With better informa-
Claims Reporting, Extended Reporting Period,
82
tion, perhaps insureds will find the products
Selection of Counsel, Consent to Settle
best suited to their needs.
Prior Acts 85
Coverage Territory 86 Unfortunately, there are not a lot of health-
Exclusions 87 care-specific cyber products on the market yet,
Risk Management Services 95 although we expect that there will be more.
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system,
further transmitted or otherwise used in any form other than with the expressed written permission of International Risk Management Institute, Inc.
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The Betterley Report
Some insurers use healthcare-specific endorse- the exposures, coverage, and services of cyber
ments, which seems like a good way to modify risk so that they can better serve their clients.
base policies that address broader cyber-expo- The products are complicated, making these
sure concerns. educational efforts a worthwhile and necessary
investment.
In this report, we also dig much deeper into
the types of organizations that the insurer is We have tried to present a variety of cover-
interested in (which is not practical in our ages to illustrate what is available in the market,
broader cyber/privacy all-industry survey in and 16 sources of insurance are included in this
June). Look at the two “Market Focus” tables in survey. These represent the core (but not all) of
this report for more detailed information about the cyber-risk insurance market for healthcare
the specific industry types and sizes of insured insureds.
each insurer will consider. One table is for While each insurer was contacted to obtain
healthcare providers, and the second table is for this information, we have tested their responses
managed care organizations. against our own experience and knowledge.
Recall that our cyber reports do not focus on Where they conflict, we have reviewed the incon-
coverage for technology providers, such as sistencies with the insurers. However, the evalu-
Internet service providers, technology consul- ation and conclusions are our own.
tants, and software developers. That market is Of course, the insurance policies govern the
reviewed in our February issue, “Technology coverage provided, and the insurers are not
Errors & Omissions Market Survey.” responsible for our summary of their policies or
The types of coverage offered by cyber-risk survey responses.
insurers vary dramatically. Some offer coverage In the use of this information, the reader
for a wide range of exposures, while others are should understand that the information applies
more limited. For the insured (or its advisers), to the standard products of the insurers and that
looking for proper coverage and choosing the special arrangements of coverage, cost, and
right product can be a challenge.
Most insurers offer multiple cyber-risk prod-
ucts, so crafting the coverage for each insured Insurers in this Survey
requires the best in risk identification and knowl-
AIG Allianz
edge of the individual covers. This is especially
Allied World At-Bay
true for healthcare insureds, who face exposures
Beazley Berkley Cyber Risk Solutions
not present for most insureds, such as the breach
CFC Chubb
of private healthcare information.
Cincinnati Coalition
More than most other insurance policies, Corvus Hiscox
cyber risk requires experienced risk profession- Liberty/Ironshore Resilience
als to craft the proper coverage. The insurance Travelers Zurich
industry continues to help brokers understand
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system,
further transmitted or otherwise used in any form other than with the expressed written permission of International Risk Management Institute, Inc.
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The Betterley Report
other variables may be available on a negotiated rapidly that insurers are forced to continually
basis. look at their underwriting and claims manage-
ment approaches. To protect themselves (and
Introduction their insureds) against this rapid evolution,
insurers must invest more time and attention—
As with all of our market surveys, cyber-risk and especially creative attention—than they
coverage represents a new, recently developed, might for a typical product.
or rapidly evolving form of coverage designed
to address the needs of new risks confronting Specialized cyber-risk insurance comes in a
organizations. Cyber-risk coverage epitomizes variety of forms, but we find it most helpful to
new insurance products, presenting insurance divide coverage into property, theft, or liability
product managers with challenges as they learn for surveying purposes. Some insurers offer lia-
what their insured’s need and what the insurers bility-only products, while others offer a com-
can prudently cover. bination of property, theft, and liability
coverages.
It could be argued that cyber insurance is
rapidly maturing, and there is some truth to
Interestingly, it seems that more of the prod-
that. Cyber is (maybe) not so new, at least in
ucts previously limited to liability and breach
terms of its availability (we started writing
response coverages have expanded to include
about cyber in 2000). But it is “new” in terms
extortion, property, and bodily injury liability,
of its recognition as a key component of most
and especially theft/extortion product options.
commercial insurance portfolios and in terms of
This indicates to us that customer demand is
its evolution of coverage wordings, which con-
increasing for these coverages.
tinue.
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system,
further transmitted or otherwise used in any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 4
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The big story for 2023 is the continuing The responses are confidential but are sum-
attacks via ransomware but also some return to marized in the table beginning on the next page.
stability in rates. Cyber-healthcare insureds are
not unique in experiencing increasing ransom- According to Verisk’s MarketStance busi-
ware claims, but they have been particularly ness, the healthcare sector represents a large
hard hit. and growing component of the overall cyber
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system,
further transmitted or otherwise used in any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 5
The Betterley Report
market. While the healthcare sector is behind and have the slowest revenue growth of the
the financial sector in terms of direct written three subsectors.
premium, its cyber premiums are estimated to
have grown from $743 million to over $1 bil- Healthcare organizations have been slow to
lion. This growth is partly due to cyber liabil- adopt cyber insurance in its earlier years. Per-
ity’s percentage of total property and casualty haps, this slow adoption was due to a lack of
premiums rising from 2.5 percent up to 3.1 per- appreciation for the value of coverage, an
cent. overly optimistic view of the efficacy of cyber
security, or tight expense control.
Exploring cyber liability’s distribution
among health care’s subsectors shows that hos- However, the purchase of new policies has
pitals comprise most of the premium in 2023. accelerated in the past few years. Why? Large-
Ambulatory healthcare services, such as doc- scale breaches have become distressingly
tor’s offices, are secondary to hospitals in terms common in health care. Not only is healthcare
of premiums but are even closer in revenue due personal information far more valuable (per
to higher revenue growth. Nursing care facili- record) than credit card information, but
ties form a minority share of cyber premiums healthcare cyber security has been widely
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
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further transmitted or otherwise used in any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 6
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Another source of growth is the smaller Not specifically related to health care, but a
insured, whether it be community hospitals, driver for new insureds are losses due to
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system,
further transmitted or otherwise used in any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 7
The Betterley Report
extortion via ransomware and social engineer- personal information), remediation costs to
ing/business email compromise. These are so respond to the breach, and coverage for fines
widespread that “it can’t happen to us” is no and/or penalties imposed by law or regulation.
longer a pervasive feeling.
Liability coverage is a pretty self-explana-
An Overview of tory protection for the insured should it be sued
for negligence leading to a security breach.
Data Privacy Coverage
Often, the coverage does not explicitly list a
In the data security business, there is a say- data breach as covered. Instead, coverage is
ing: there are organizations that have breaches provided as a part of a more general coverage
and know it, and there are organizations that grant for, as an example, failing to prevent
have breaches and do not know it—yet. unauthorized access to its computer system.
■ Types of coverage and limits available Coverages fall into the following four cate-
gories.
■ Coverage provided
■ Liability—defense and settlement costs
■ Coverage triggers for the liability of the insured arising out
of its failure to properly care for private
■ Types of data covered data (including private healthcare data)
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
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Page 8
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■ Payment card industry (PCI) fines and suffer a data loss may be required to notify their
penalties, including forensic services and customers with notice of the data loss, which
card reissuance costs can be expensive. Typically, they may also
want to mitigate the negative impact on their
Coverage Triggers reputation by providing credit monitoring ser-
vices for those same customers. This cost can
Coverage can be triggered by the following. also be significant.
Some insurers specify the types of data cov- Remediation Coverage Services
ered; others do not. Specific types covered can
include the following. There can be a great benefit to the insured if
the remediation services are prenegotiated and
■ An individual’s personally identifiable in- prepackaged—much like kidnap and ransom
formation (PII), including healthcare in- coverage. Knowing how to respond to a loss
formation can be daunting.
■ Nonpublic data, such as corporate infor- Insurers often offer prepackaged and prene-
mation gotiated services provided by third-party ven-
dors. In some cases, the insured is required to
■ Nonelectronic data, such as paper records use designated vendors. In addition, some poli-
and printouts cies require the written consent of the insurer to
use the services. Finally, a few of these services
Remediation Costs Covered have a time limit for use, especially credit mon-
itoring.
Remediation is an area that is the primary
reason why many insureds buy cyber-risk Cyber insurers are not taking advantage of
insurance. This coverage is for the costs of the many healthcare industry cyber-security
responding to a data breach. Organizations that services that are designed specifically for the
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system,
further transmitted or otherwise used in any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 9
The Betterley Report
healthcare organization. We can understand dependent not only on the insurer’s underwrit-
why. Cyber insurance has grown so quickly ing philosophy but also on the nature and role
that it is a struggle to keep up with demand. Lit- of the applicant’s business being considered.
tle market segmentation has taken place, and
industry-focused products are rare. Coverage
Identifying risk management service provid- Property and Theft
ers to partner with is challenging enough—seg-
menting those providers into various industry The cyber-insurance industry offers property
specialties will take time. This general lack of and theft (first-party) coverage and liability
segmentation presents an opportunity for insur- (third-party) coverage; some insurers offer lia-
ers that are focusing on health care as an bility only, while others offer all. We expect
important segment. A more customized set of that more insurers will be offering combined
services may be an appealing added benefit that property and liability programs as the demand
makes a difference when an insured selects one for business interruption and extra expense cov-
insurer out of several otherwise comparable erage grows.
proposals.
First-party coverage protection for denial of
Security Assessment Requirements service (DOS) attacks against websites by
hackers is still a hot topic due to continuing
Insurer-required assessments of the prospec- attacks on leading Internet sites. Most property
tive insured’s security policies are rare now; the products cover this risk, although they are sub-
details are shown in the accompanying table. ject to negotiation and individual underwriting.
Typically, but not always, any required assess-
ment is free to the applicant. Theft exposures are sometimes not well
understood in cyber-risk risk assessments. The
Such an assessment can be very useful to the potential for traditional theft of money or goods
applicant, even if they do not buy the coverage. via the Internet is often recognized. However,
But, if they do, a favorable assessment may theft or destruction of data, extortion, and theft
help lower the insured’s premium. of computing resources sometimes are not cov-
ered.
Requirements may differ depending on
whether it is first-party or third-party coverage We find that insureds are still concerned
and can also vary depending on the type of about the theft of the economic value of intel-
business the insured is in. Some assessments lectual property. This comes from reports, we
are as simple (and easy on the applicant) as a believe, of increasing levels of industrial espio-
review of its website, while others require an nage by competitors and by governments acting
on-site review by third-party firms. Of course, in support of their economic and defense inter-
the scale and intensity of the assessment are ests.
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
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Page 10
The Betterley Report
We have continued the approach we take in ■ Whether electronic funds transfer fraud of
our June “Cyber/Privacy Insurance Market Sur- the insured’s funds is covered
vey” report to use the “Theft (First-Party) Cov-
erage” table as well as the “Exclusions” table to ■ Whether coverage is offered for a custom-
capture the insurer’s coverage position regard- er’s loss of funds if they were deceived via
ing the theft of intellectual property. In asking a fraudulent communication purporting to
the insurers about this coverage, we empha- be from the insured
sized that it references the economic value of
■ Whether coverage is offered for a custom-
intellectual property. Unfortunately, we don’t
er’s loss of funds having bought from a
think that the responses are always accurate and
website purporting to be yours
will continue to refine them in our reports.
Theft of the economic value of intellectual Many organizations are experiencing cyber
property is a major breach exposure, and attacks that take control of data and demand a
insureds need coverage. For those interested, ransom payment to restore access. Coverage for
further investigation is recommended. these attacks may be a part of the policy’s theft
“Theft (First-Party) Coverage—Deceptive coverage, but given its prominence, we decided
Funds Transfer or Social Engineering” offer- that more specific information may be helpful
ings of each insurer for losses suffered by the to our readers.
insured because they were deceived into exe-
Two new tables have been created to pro-
cuting a funds transfer are provided in this
vide more specific information. They ask for
year’s report. These are often initiated by an
the following information.
email that purports to be from an authorized
executive telling the recipient to transfer funds ■ Is coverage offered?
to a fraudulent account (for example, an
account purported to be the vendor’s that turns ■ What is the coverage trigger?
out to be controlled by the thief).
■ The sublimit (if any)
These coverages are sometimes called social
engineering coverage, but we prefer the term ■ Deductible specific to this coverage
“deceptive funds transfer,” as not all coverages
are limited to social engineering. Another term ■ Does the coverage include the following?
used is business email compromise.
o Ransom payments
The table includes the following information.
o Incident response costs
■ The maximum limit available
o Cost of a ransom payment intermediary
■ The nature of the electronic missive covered (who handles the payment and recov-
(e.g., email, text, instant message, or phone) ery)
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Page 11
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■ Core commercial policies are increasingly This report includes a table that summarizes
often excluding cyber-related claims. the (optional) media liability coverage that they
may offer a cyber-risk insured. It includes the
■ It adds clarity in coverage for both the in- following information.
sured and the insured’s advisers.
■ Coverage that applies to all types of media
We think this coverage can be important and or is restricted to social media only
appealing to insureds. In 2015, a “Third-Party
Coverage: Bodily Injury and Property Damage” ■ Intellectual property rights that may be
table in this report was added asking the insur- covered
ers to indicate their position for both direct and
contingent bodily injury and property damage Claims Reporting,
coverage available in the cyber policies. ERP Options, and Counsel
The definition of “insured” differs on many Each liability policy reviewed is a claims-
policies, but special requirements can usually made form, so extended reporting period (ERP)
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
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Page 12
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We have identified 10 specific coverages Rather than try to recite them here, the infor-
that may be, but are not always, included in a mation for each insurer is found in the “Exclu-
cyber-risk policy. They are the following. sions” tables. We include a question in the
“Exclusions 1” table, which asks whether the
■ Virus policy form includes an exclusion for failure to
maintain security standards. This is an
■ Unauthorized access
extremely troubling exclusion as it adds uncer-
■ Security breach tainty to the coverage.
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
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Page 13
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make the payment of a claim contingent upon tively new line of insurance, especially consid-
maintaining those standards. ering the wide array of potential services (and
potentially high cost).
At first, the requirement makes sense—it is
good for the insured, and it is reasonable for the But they are coming on strong—insurers
underwriter. The problem is, what happens now offer access to a broad array of pre- and
when the standards change or there is a mistake postbreach services, educational tools, and the
and the insured is out of compliance? like. These services would be useful to insureds
even if they did not access them through an
For us, the exclusion is hard to accept and insurer. But having an insurer identify, make
dangerous for the insured. An insurer may say known, and sometimes even help pay for these
that it would never apply the exclusion, but we services is a good thing.
would not be confident that it will never be
applied in the future. We have noted earlier that services designed
for healthcare insureds would be appealing and
We understand that warranties in the appli- perhaps even more effective than the services
cation should be enforceable, but this exclusion offered to the broader population of insureds.
goes too far. There are many cyber-security services that are
designed (or at least adapted) for healthcare
Risk Management Services organizations. Perhaps, insurers will begin to
adapt their services offerings to more specifi-
Cyber-related risk management services are
cally identify those services that are designed
an important product differentiator—a very
for health care.
positive development for the insureds, their
intermediaries, and the insurers themselves. For this report, we asked insurers to describe
Insureds and their advisers recognize the value services specific to healthcare insureds and to
that these services can bring. And insurers are separately identify those services they generally
becoming more convinced of their value in offer to all types of insureds.
controlling losses. But these services have a
long way to go before they reach their full Generally, insurers expect that the broad
potential. array of services are useful to healthcare
insureds, which we certainly think is true. How-
We have often commented on the parallels ever, more finely focused services for health
in services between the cyber-insurance line care exist and are offered.
and other lines, especially employment prac-
tices and property (highly protected risk partic- The generalized services often offered
ularly). Cyber-related risk management include the following.
services, while helpful, have been relatively
weak when compared with these other lines. ■ Active avoidance—Products and/or ser-
This is certainly understandable for a still rela- vices that help the insured actively protect
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data from breach or other covered loss (the additional and effective risk management tools
property analogy would be sprinklers), to their insureds.
which are intended to provide capabilities
that act independently to protect against The market is clearly maturing, coping with
activities that lead to breaches. a demanding claims environment. However, it
is doing a good job of offering quality cover-
■ Prebreach planning—These are services ages and services at reasonable prices.
and/or tools that help the insured to pre-
pare a contingency plan for use in the We see this as generally a good thing, as
event of a breach (think of disaster recov- insurers help encourage their insureds to be bet-
ery). ter protected against loss. Better-protected
insureds, through the positive influence of
■ Helpline—This is a staffed resource that cyber insurers, will make for a better claims
fields questions via telephone or email experience, a more stable market, and a safer
(think of an employment practices liability world.
insurance helpline).
But there is still far to go; the products too
■ Information portal—This is a source for often focus on breach of private data. Cover-
information and possibly tools to help in ages need to be broadened to include loss of
the management and response to data pro- intellectual property, resulting bodily injury and
tection and a breach. property damage, and damage to reputation.
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
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further transmitted or otherwise used in any form other than with the expressed written permission of International Risk Management Institute, Inc.
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* * * * * *
Mr. Betterley is a frequent speaker, author, and expert witness on specialty insurance products and related
services. He is a member of the Professional Liability Underwriting Society. He joined the firm in 1975.
Mr. Betterley created The Betterley Report in 1994 to be the objective source of information about specialty
insurance products. Now published six times annually, The Betterley Report is known for its in-depth coverage
of management liability, cyber risk, privacy, intellectual property, and media insurance products.
Our reports are written for insureds, their advisers, and others interested in identifying which insurers are active
in their market, the distinctions between the many products offered, and trends in the marketplace. It does not
accept advertising or paid placement, ensuring our readers of the objectivity and completeness of our view of the
market.
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system,
further transmitted or otherwise used in any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 16
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Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
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any form other than with the expressed written permission of International Risk Management Institute, Inc.
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Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
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any form other than with the expressed written permission of International Risk Management Institute, Inc.
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Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
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any form other than with the expressed written permission of International Risk Management Institute, Inc.
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Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
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any form other than with the expressed written permission of International Risk Management Institute, Inc.
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Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
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Penalties that the Insured is legally obligated to pay because of a regulatory proceeding resulting from a covered breach
incident
Payment Card Liabilities & Costs (Both Policy Forms)
Coverage for monetary fines and penalties owed by the insured under a Merchant Services Agreement.
Media Liability (Both Policy Forms)
Covers the creation, display, broadcasting, disseminating or releasing of media material (words, sounds, numbers, im-
ages or graphics) by or on behalf of the Insured Organization (both off-line and on-line covered).
ECRIME
Fraudulent Instruction (Both Policy Forms)
Coverage for any direct financial loss sustained by the Insured Organization resulting from the transfer, payment or deliv-
ery of money or securities as a result of a fraudulent written, electronic, telegraphic, cable, teletype or telephone instruction
provided by a third party with the intent to mislead the Insured Organization.
Funds Transfer Fraud (Both Policy Forms)
Coverage for any direct financial loss sustained by the Insured Organization resulting from fraudulent written, electronic,
telegraphic, cable, teletype or telephone instruction by a third party issued to a financial institution directing said institution
to transfer, pay or deliver money or securities from any account maintained by the Insured Organization without the Insured
Organization’s knowledge or consent.
Telephone Fraud (Both Policy Forms)
Coverage for any direct financial loss sustained by the Insured Organization resulting from a third-party gaining access
to and using the Insured Organization’s telephone system in an unauthorized manner.
Berkley Cyber Risk ProtectSM provides first and third-party cyber coverage for emerging Healthcare exposures, comple-
mented by pre- and post-breach services. Expansive first and third-party coverages that provide options for separate lim-
its and retentions, subject to an annual policy aggregate, allowing flexibility to choose only coverages meeting policy-
holder needs. Optional notification & ID monitoring outside the limit is available and is built into the policy.
Berkley Cyber Risk ProtectSM policyholders are automatically afforded the Supplemental Coverage which provides for a
return premium to reimburse eligible expenses the insured incurs during the policy period to mitigate against the likeli-
hood and severity of a future Data Security Event.
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 23
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Captive incident response capabilities – provided outside the limits and at $0 retention
Smart Cyber Insurance is a technology-enabled monoline cyber liability policy that utilizes best-in-class web scanning
tools to assess an organization’s IT security hygiene throughout the policy period. Policyholders are provided with risk-
prioritized assessments that may red-flag cyber vulnerabilities arising from internal and external sources. Smart Cyber
Insurance includes broad first party and third party insuring agreements in the base policy form, including: Network Se-
Corvus curity and Privacy Liability, Regulatory Investigations, Fines, and Penalties, Media Liability, PCI DSS Assessment Ex-
penses, Breach Management Expenses, Business Interruption, Contingent Business Interruption, Digital Asset Destruc-
tion, System Failure Coverage, Social Engineering and Cyber Crime, Reputational Loss, Cyber Extortion and Ransom-
ware, and Court Attendance Costs. Additional coverage enhancements may be available via endorsement.
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 25
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 26
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 34
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 35
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 36
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 38
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 39
The Betterley Report
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 40
The Betterley Report
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 41
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Allied World $10 million $1,000 minimum; no maximum Retail brokers and wholesalers
Beazley $100 million $2,500 minimum; no maximum Available to all brokers licensed with Beazley
Berkley Cyber
$ 2,500 minimum; no maximum (pre- Available to licensed retail, wholesale, and specialty brokers
Risk $25 million
ferred breach counsel $0) appointed with Berkley Cyber Risks Solutions
Solutions
CFC $25 million Minimum deductible: $1,000 All CFC-appointed agents
$25 million;
Chubb $50 million for cyber fa- None Available to all Chubb-appointed retail brokers and wholesalers
cility
Cincinnati $10 million $2,500 minimum; no maximum All Cincinnati-appointed agents
All:
Liberty Mu- $10 million (primary or
Minimum SIR: $10,000 Liberty Mutual - retail
tual/Ironshore excess)
Ironshore - wholesale
Mosaic $15 million Minimum SIR: $5,000 Appointed retail brokers and select wholesale brokers
Zurich $25 million Minimum SIR: $5,000 Appointed retail or wholesale brokers
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 42
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Data Privacy:
Types of Coverage and Limits Available
Fines and/or
Insurer Liability Remediation
Penalties
AIG Up to policy limit Up to policy limit Yes, where insurable by law
Policy limit (where permissible
Allianz (AGCS) Full policy limits available Policy limit
by law)
Full policy limits available ($10 mil-
Allied World lion)
Full limits available Full limits available
Chubb Yes, typically to full policy limit Yes, typically up to full policy limit Yes, typically to full liability limit
via Cyber Incident Response Fund where insurable
$10,000,000 response expense to in-
clude forensic IT review, reputational
$10 million data compromise liability,
harm, legal review, notification to af- Included in liability limit up to
Cincinnati network security liability and media lia-
fected individuals, service to affected $10 million
bility
individuals, PR services and reward
payments
Yes, full limits available including
breach response coverage outside
Yes, full limits available for all liability limits and matching policy limit up to
Coalition coverages $5 million; GDPR and CCPA compli-
Yes, full limits available
ance coverage enhancement also
available
Corvus Full limits up to $5 million Full limits up to $5 million Full limits up to $5 million
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Data Privacy:
Types of Coverage and Limits Available
Fines and/or
Insurer Liability Remediation
Penalties
Yes, limits up to $5 million available
Yes, full limits available for civil
Yes, full limits to $5 million available for the first party costs incurred in re-
penalties (where insurable by law)
for the defense and resolution of third- sponse to a data breach.
arising out of the regulatory ac-
party liability claims, including for le- This includes costs incurred for com-
Hiscox gal violation, negligence, contractual puter forensics, legal services, provid-
tion including “consumer privacy
violations” not tied to a data
breach, PCI fines/penalties and assess- ing notification, call center services,
breach, security failure, or extor-
ments, and regulatory action claims credit monitoring/ID protection ser-
tion threat
vices, and crisis management and PR.
Full limits available (where insur-
Liberty Mutual/Ironshore Full limits available Full limits available
able by law)
Full limits available up to $15
Mosaic Full limits available up to $15 million Various limit structures available
million
Yes, up to the policy aggregate limit
Yes, up to the policy aggregate
Yes, up to the policy aggregate limit of of liability. Remediation is a covered
Resilience liability component of our overarching Re-
limit of liability (where allowable
by law).
sponse Costs coverage.
Yes, form provides coverage for the
Yes, first-party remediation costs
failure to prevent unauthorized access Payment card contract penalties
coverages are available for notifica-
Travelers to confidential information and liability
tion expenses and public relations ex-
and regulatory costs are part of
associated with the failure to notify in- loss.
penses.
dividuals of a breach.
Full limits available up to
Zurich Full limits available up to $25 million Full limits available up to $25 million
$25 million
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 44
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Data Privacy:
Regulatory and Statutory Coverage Provided
Regulatory Fines, HIPAA,
Violation of Violation of Penalties, and HITECH, and
Insurer
Regulatory Acts Privacy Laws Consumer Redress Related
Funds Actions
AIG Yes Yes Yes Yes
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 45
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Data Privacy:
Payment Card Industry Coverage Provided
PCI Fines and PCI Assessments
Insurer
Penalties Fraud Charges Card Reissuance Costs
AIG Yes Yes Yes
Coalition Yes, full limits Yes, full limits Yes, full limits
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Data Privacy:
Coverage Triggers
Loss Resulting
Failure Acts by from Theft or
to Persons Disappearance of
Insurer Loss Caused by Employee
Secure Other Than Private
Data Insureds Property (i.e.,
Laptop or Media)
AIG Yes Yes Yes Yes
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Data Privacy:
Types of Data Covered
Nonpublic
Individual’s
Data Nonelectronic
Insurer Unspecified Personally Identifi-
(i.e., Corpo- Data
able Information
rate Data)
Broad definition of confi-
dential information in-
AIG cludes both personal and
Yes Yes Yes
nonpublic corporate data
Yes, personal and confi-
Allianz (AGCS) dential information
Yes Yes Yes
Hiscox Yes, PII (including protected health information) and confidential corporate information in any form
Broad definition of PII that
includes reference to data
protection laws to be flexi-
Liberty Mutual/Ironshore ble and inclusive as new
Yes Yes Yes
data protection laws de-
velop and amend over time
Mosaic Yes Yes Yes Yes
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Data Privacy:
Remediation Costs Covered
Crisis
Manage-
ment Credit
Insurer Notification Credit Repair Resecure Data
Including Monitoring
Breach
Coach
Covers costs to restore,
AIG Yes Yes Yes Yes recreate, or recollect
electronic data
Allianz (AGCS) Yes Yes Yes Yes Yes
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Data Privacy:
Remediation Costs Covered
Crisis
Manage-
ment Credit
Insurer Notification Credit Repair Resecure Data
Including Monitoring
Breach
Coach
Costs covered can in-
Yes, available as Yes, available as cov- Yes, available as Yes, available as cover-
Travelers coverage option erage option coverage option
clude purchase of iden-
age option
tity fraud insurance
Reasonable and neces-
sary expenses to replace,
Zurich Yes Yes Yes Yes
restore, reconstitute, or
recollect digital assets
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Data Privacy:
Remediation Coverage Services
Is Insured
Is Written
Required To Use
Insurer Consent of Time Limit of Benefit
Designated Service
Insurer Required?
Provider(s)?
Costs must be incurred within 1 year following dis-
AIG No Yes
covery; benefit may be longer
Allianz No
Yes, which will not be unreasonably
None
(AGCS) withheld
Allied No, must use an approved provider but can re- Only for those vendors that are not
None
World quest vendors to be preapproved. preapproved
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 51
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Data Privacy:
Remediation Coverage Services
Is Insured
Is Written
Required To Use
Insurer Consent of Time Limit of Benefit
Designated Service
Insurer Required?
Provider(s)?
No, except for credit monitoring services, there is
For specified services and costs. no time limit for the reimbursement of covered se-
Once initial provider is designated curity breach notification expenses under the com-
an approved provider for computer puter and legal experts or privacy breach notifica-
and legal expert costs, privacy tion insuring agreements. The cost of providing
Travelers No
breach notification costs, and public credit monitoring services is reimbursed for 2 years
relations costs—individual services or longer where required by law starting with the
covered under such extensions do date the insured first notified the person whose iden-
not need to be approved. tity information was accessed or acquired without
their authorization.
Within 24 months of the insured first having re-
Zurich No No
ceived notice of a security event or privacy event
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 52
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 53
The Betterley Report
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 54
The Betterley Report
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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First-Party Coverage:
Direct Damage and Business Interruption
Direct Business
Destruction of Virus Denial of
Insurer Damage to Interrup-
Data Extraction Services
Equipment tion
Yes (through
AIG CyberEdge PC or Yes Yes Yes Yes
Cyber Property)
Allianz (AGCS) Yes Yes Yes Yes Yes
Yes, bricking
Allied World coverage availa- Yes Yes Yes Yes
ble
Yes, bricking
coverage availa-
At-Bay ble via endorse-
Yes Yes Yes Yes
ment
Yes, computer
hardware re-
placement costs
Beazley coverage availa-
Yes Yes Yes Yes
ble via endorse-
ment
Yes, supple-
mental coverage
includes reim-
bursement of
Available by en- costs and ex-
Berkley Cyber Risk dorsement sub-
Yes
penses to iden-
Yes Yes
Solutions ject to underwrit- tify or remove
ing software pro-
gram errors,
malware, com-
puter viruses or
vulnerabilities
No, but policy al-
lows for replace-
CFC ment of hardware Yes Yes Yes Yes
where it makes
economic sense
Yes, digital as-
Chubb No Yes, digital data loss
set loss
Yes Yes
Yes, bricking
coverage pro-
Liberty Mutual/Iron- vided at full limit Yes Yes Yes Yes
shore in base policy
form
Mosaic Yes Yes Yes Yes Yes
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 56
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First-Party Coverage:
Direct Damage and Business Interruption
Direct Business
Destruction of Virus Denial of
Insurer Damage to Interrup-
Data Extraction Services
Equipment tion
Yes, business in-
terruption availa-
ble for income loss
Yes, business interrup-
Yes, restoration expenses and extra expense
tion available for in-
under Data Restoration In- directly caused by
Travelers No
suring Agreement available
Yes
a security breach,
come loss and extra ex-
pense directly caused by
as a coverage option system failure, or
a security breach
voluntary shut-
down to minimize
business loss
Yes, reasonable
and necessary
expenses to
Zurich By endorsement Yes minimize or re- Yes Yes
duce an inter-
ruption of ser-
vice
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 58
The Betterley Report
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 59
The Betterley Report
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 60
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Typically
Allied World $500,000
$100,000
No restrictions Yes No No
Refer to cyber,
Refer to cyber, privacy, privacy, and net-
Subject to un- Subject to un- and network security lia- work security lia-
Chubb derwriting derwriting
Yes Yes
bility, exclusions apply bility, exclusions,
and crime endorsements. and crime en-
dorsements.
Cincinnati Coverage available under crime No No
Yes, if fraudulent com-
By default, but munication was result of Yes, phishing/im-
Any electronic com-
Coalition $5 million maximum
munication
Yes insured security failure or personation cover-
limit available with phishing/impersona- age
tion endorsement
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 62
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 63
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 64
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 65
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 66
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Third-Party Coverage:
Bodily Injury and Property Damage
Bodily Injury Property Damage
Insurer
Direct Contingent Direct Contingent
Yes, available
Yes, available through Yes, available through through
Yes, available through
AIG CyberEdge PC or CyberEdge
CyberEdge PC or CyberEdge Plus
CyberEdge PC or CyberEdge PC or
Plus CyberEdge Plus CyberEdge Plus
Casualty
Varies for coverage parts; carve- Consider for spe-
Yes, available via
Allianz (AGCS) backs for mental anguish and Yes, subject to underwriting
bricking incident
cific accounts sub-
emotional distress ject to underwriting
Mental anguish
Allied World emotional distress carveback
No No No
Contingent property
damage is available
Contingent bodily injury is
to select insureds
Beazley No available to select insureds via en- No
via endorsement
dorsement subject to underwriting
subject to under-
writing
No, except for mental anguish, No, except for mental anguish, hu-
Berkley Cyber Risk humiliation or emotional distress miliation or emotional distress re-
No No
Solutions resulting from a privacy event or sulting from a privacy event or
cyber media event cyber media event
Hardware replace- Hardware replace-
CFC No Yes, on healthcare cyber form ment costs are cov- ment costs are cov-
ered ered
For any bodily injury. However,
solely with respect to Insuring
Agreement E and Insuring
Agreement F, this exclusion shall
Chubb not apply to mental injury, men- Via endorsement No Endorsement
tal anguish, mental tension, emo-
tional distress, pain and suffering,
or shock resulting from an inci-
dent.
Yes, if arising from media liabil-
Cincinnati ity
Yes, if arising from media liability No No
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 68
The Betterley Report
Third-Party Coverage
Who Is Insured?
Monoline, Definition of
Insurer Does the Defini-
Package, Other tion Include Medi- Claim
cal Practitioner,
Definition Medical Directors,
Chief of Staff,
Department Head,
and Students?
Claim means:
(1) a written demand
for money, services,
nonmonetary relief,
or injunctive relief,
(2) a written request
for mediation or ar-
bitration, or to toll or
Monoline or Broad definition that includes employees, waive an applicable
AIG package subsidiaries, leased workers, etc.
Yes
statute of limitations,
(3) a civil proceeding
for monetary, non-
monetary, or injunc-
tive relieve (includ-
ing binding arbitra-
tion), or
(4) a regulatory ac-
tion.
Varies slightly over
third-party coverage
Past, present, future employees, directors,
parts, but generally
officers, trustees, principal, governor, or
includes written de-
functional equivalent; includes temp
mand, civil or crimi-
workers, volunteers, and unpaid interns.
Allianz (AGCS) Modular Yes nal proceedings, me-
diations, ADR, writ-
Independent contractors but only with re-
ten demand for re-
spect to Third Party Coverages Insuring
traction, investiga-
Agreements
tion, audit, or request
for information.
Claim means
any written demand
for monetary, non-
monetary, or injunc-
tive relief;
any civil proceeding
All past, present, and future directors, of- in a court of law or
ficers, future owners, officers, future equity, including any
partners, future members, managers, of- appeal therefrom,
Allied World Monoline ficers, or employees. Employees includes Yes which is commenced
part-time, seasonal, leased, and tempo- by the filing of a
rary employees and volunteers acting un- complaint, motion
der direction and control of the Insured. for judgment, or sim-
ilar proceeding;
any administrative or
regulatory investiga-
tion or proceeding.
any arbitration pro-
ceeding;
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 69
The Betterley Report
Third-Party Coverage
Who Is Insured?
Monoline, Definition of
Insurer Does the Defini-
Package, Other tion Include Medi- Claim
cal Practitioner,
Definition Medical Directors,
Chief of Staff,
Department Head,
and Students?
any prosecution or
governmental action
related to privacy
wrongful acts; or
any written request to
toll or waive a statute
of limitations.
a. written demand,
request, or as-
sertion seeking
monetary dam-
ages, or non-
monetary or in-
junctive relief;
b. civil proceed-
ing, investiga-
tion, or suit
commenced by
service of a
complaint, no-
Insured includes named insureds and sub- tice, request for
sidiaries. Subsidiaries include any entity information, or
in which named insured owns, directly or similar proceed-
indirectly through one or more subsidiar- ing seeking
ies, more than 50 percent of such entity, monetary dam-
At-Bay Monoline
any entity operated as a joint venture in
Yes
ages or non-
which the named insured owns more than monetary or in-
50 percent, or any nonprofit entity over junctive relief;
which the named insured exercises man- c. arbitration, me-
agement control diation, or simi-
lar alternative
dispute resolu-
tion proceeding
commenced by
the receipt of a
complaint, writ-
ten demand, or
similar proceed-
ing seeking
monetary dam-
ages or non-
monetary or in-
junctive relief;
d. criminal pro-
ceeding com-
menced by the
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 70
The Betterley Report
Third-Party Coverage
Who Is Insured?
Monoline, Definition of
Insurer Does the Defini-
Package, Other tion Include Medi- Claim
cal Practitioner,
Definition Medical Directors,
Chief of Staff,
Department Head,
and Students?
filing of
charges, arrest
or detainment,
or a return of an
indictment or
similar docu-
ment;
e. request to toll
or waive a stat-
ute of limita-
tions applicable
to a Claim ref-
erenced in para-
graphs V.6.a.-
V.6.d. above;
f. formal appeal
of a Claim ref-
erenced in para-
graphs V.6.a.-
V.6.d. above;
g. with respect to
Insuring Agree-
ment I.A.2., any
Claim refer-
enced in para-
graphs V.6.a.–
V.6.f. above
which is a Reg-
ulatory Claim;
or
h. with respect to
Insuring Agree-
ment I.A.4., any
Claim refer-
enced in para-
graphs V.6.a.–
V.6.f. above
which is a PCI-
DSS Claim.
The insured organization (named insured Claim means:
and subsidiaries); any director or officer 1. a written demand
of the insured organization, but only with received by any In-
respect to the performance of his or her sured for money or
duties as such on behalf of the insured or- services;
Beazley Monoline ganization; an employee (including a part Yes 2. with respect to
time, temporary, leased or seasonal em- coverage provided
ployee or volunteer) or individual con- under the Regulatory
tractor of the insured organization, but Defense & Penalties
only for work done while acting within insuring agreement
the scope of his or her employment and only, institution of a
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 71
The Betterley Report
Third-Party Coverage
Who Is Insured?
Monoline, Definition of
Insurer Does the Defini-
Package, Other tion Include Medi- Claim
cal Practitioner,
Definition Medical Directors,
Chief of Staff,
Department Head,
and Students?
related to the conduct of the insured or- regulatory proceed-
ganization’s business; a principal if the ing against any in-
named insured is a sole proprietorship, or sured; and
a partner if the named insured is a part- 3. with respect to
nership, but only with respect to the per- coverage provided
formance of their duties as such on behalf under part 1. of the
of the insured organization; any person Data & Network Lia-
who previously qualified as an insured bility Insuring
under, but only with respect to the perfor- Agreement only, a
mance of his or her duties as such on be- demand received by
half of the insured organization; an addi- any insured to fulfill
tional insured, but only as respects claims the insured organiza-
against such person or entity for acts, er- tion’s contractual ob-
rors or omissions of the insured organiza- ligation to provide
tion; the estate, heirs, executors, adminis- notice of a data
trators, assigns, and legal representatives breach pursuant to a
of any insured in the event of such in- breach notice law;
sured’s death, incapacity, insolvency, or
bankruptcy, but only to the extent that Multiple claims aris-
such insured would otherwise be pro- ing from the same or
vided coverage under this policy; and the a series of related,
lawful spouse, including any natural per- repeated or continu-
son qualifying as a domestic partner of ing acts, errors,
any insured, but solely by reason of any omissions or events
act, error, or omission of an insured other will be considered a
than such spouse or domestic partner. single claim for the
purposes of this pol-
icy. All such claims
will be deemed to
have been made at
the time of the first
such claim.
A. A written demand
for money, services,
non-monetary or in-
junctive relief, in-
cluding a request for
arbitration or media-
Berkley Cyber Risk ProtectSM Yes, provided they tion;
coverage agreements are sep- The named insured, subsidiaries, officers, meet the definition of B. A written re-
Berkley Cyber Risk arate allowing choice of in- directors, principals, partners, trustees, an insured person. In- quest for infor-
Solutions suring agreement, including employees, leased workers, interns, vol- dependent contractors mation, civil in-
first or third party only insur- unteers, and temporary employees. can be added by en- vestigative demand,
ing agreements. dorsement. or civil proceeding by
a regulator;
C. Notification of
failure to comply
with PCI Data Secu-
rity Standards
D. A written request
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 72
The Betterley Report
Third-Party Coverage
Who Is Insured?
Monoline, Definition of
Insurer Does the Defini-
Package, Other tion Include Medi- Claim
cal Practitioner,
Definition Medical Directors,
Chief of Staff,
Department Head,
and Students?
or agreement to toll
or waive a statute of
limitations.
“Claim” means:
a. a written demand
for compensation;
b. a written request
for a retraction or
The company named as the insured on
a correction;
Monoline but tech E&O in- the declarations page, subsidiaries (more
CFC cluded than 50 percent owned), and past, pre-
Yes c. a threat or initia-
tion of a lawsuit;
sent, or future employees of the same.
or
d. a disciplinary ac-
tion or regulatory
investigation
made against you
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 73
The Betterley Report
Third-Party Coverage
Who Is Insured?
Monoline, Definition of
Insurer Does the Defini-
Package, Other tion Include Medi- Claim
cal Practitioner,
Definition Medical Directors,
Chief of Staff,
Department Head,
and Students?
4. Criminal proceed-
ing against an in-
sured commenced by
(a) an arrest, or (b) a
return of an indict-
ment, information or
similar document;
5. Written request di-
rected at an insured
to toll or waive a
statute of limitations
applicable to a claim
referenced in para-
graphs 1-4 immedi-
ately above; or
6. Regulatory pro-
ceeding, including,
where applicable,
any appeal there-
from.
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 74
The Betterley Report
Third-Party Coverage
Who Is Insured?
Monoline, Definition of
Insurer Does the Defini-
Package, Other tion Include Medi- Claim
cal Practitioner,
Definition Medical Directors,
Chief of Staff,
Department Head,
and Students?
(a) Only for conduct related to the organi- (5) A criminal pro-
zation business and within the scope of his ceeding commenced
or her by:
duties as an independent contractor; and (a) An arrest; or
(b) Such independent contractor shall not (b) A return of an in-
be an insured to the extent his or her ac- dictment, infor-
tions or omissions are criminal, fraudu- mation or similar
lent, dishonest or constitute an intentional document;
or knowing violation of the law. (6) A payment card
proceeding; or
(7) A written request
first received by you
during the policy
year to toll or waive
a statute of
limitations relating
to a potential claim
described in a.(1)
through (6) above,
arising from a
wrongful act or a se-
ries of interrelated
wrongful acts alleg-
edly committed by
an
insured, including
any appeal there-
from.
b. Does not include:
(1) Any demand or
action brought by or
on behalf of some-
one who is:
(a) Your executive;
(b) Your owner or
part-owner; or
(c) A holder of your
securities;
in their capacity as
such, whether di-
rectly, derivatively,
or by class action.
Claim will include
proceedings brought
by such individuals
in their capacity as
affected individuals,
but only to the
extent that the dam-
ages claimed are the
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 75
The Betterley Report
Third-Party Coverage
Who Is Insured?
Monoline, Definition of
Insurer Does the Defini-
Package, Other tion Include Medi- Claim
cal Practitioner,
Definition Medical Directors,
Chief of Staff,
Department Head,
and Students?
same as would apply
to any other affected
individual;
or
(2) A regulatory pro-
ceeding.
Claim means:
1. written demand
for money or ser-
vices, including the
service of a suit or
institution of arbitra-
tion proceedings;
2. with respect to
coverage provided
Named insureds, subsidiaries, senior ex- under Section II.B,
Coalition Monoline ecutives, and Yes, via endorsement REGULATORY
employees DEFENSE AND
PENALTIES, a reg-
ulatory proceeding;
and
3. a written request
or agreement to toll
or waive a statute of
limitations relating
to a potential claim
described in 1 above.
A written or elec-
Broad definition that includes the follow-
tronic notice re-
ing:
ceived by any in-
The entity specified on the dec page.
sured during the pol-
icy period of an in-
Any Subsidiary but only during the time
tention to hold the
period such qualifies as a subsidiary;
insured responsible
Any past, present, or future officer, direc-
for damages, includ-
tor, trustee, court-appointed receiver, or
ing the service of le-
employee.
gal proceedings, the
Any general or managing partner, princi- Can be included via
Corvus Monoline
pal, stockholder, or owner. endorsement
institution of arbitra-
tion or mediation, or
Any legal entity required by contract to
a written request to
be named as an Insured under this policy
toll or waive a stat-
if agreed in advance and in writing by the
ute of limitations
underwriter.
against any of the in-
Any agent or independent contractor, in-
sureds;
cluding distributors, licensees, and subli-
censees, but only while acting on behalf
A request for infor-
of, at the direction of, or under the con-
mation, civil investi-
trol of any party above.
gative demand, for-
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 76
The Betterley Report
Third-Party Coverage
Who Is Insured?
Monoline, Definition of
Insurer Does the Defini-
Package, Other tion Include Medi- Claim
cal Practitioner,
Definition Medical Directors,
Chief of Staff,
Department Head,
and Students?
mal civic administra-
tive proceeding or
formal regulatory ac-
tion only to the ex-
tent covered by the
regulatory fines in-
suring agreement.
A written demand
for PCI DSS assess-
ment expenses re-
ceived by an insured
A written asser-
tion of liability or
any written de-
mand for finan-
cial compensa-
tion or injunctive
relief;
Yes, coverage pro-
A regulatory pro-
Monoline or packaged with vided for claims and
Expanded definition including subsidiar- ceeding;
other PRO lines - Technol- breaches that result
Hiscox ogy, Professional Lines
ies, employees, executives, independent
from operations per-
Unintentional
contractors, and acquired entities breach of a writ-
formed by anyone on
ten contract as-
insured’s behalf.
serted by a client;
Contractual in-
demnity—breach
costs; or
Contractual in-
demnity—third-
party.
Claim means a:
Insured means: If considered in: any 1. civil, criminal, ar-
1. the insured organization; past, present, or fu- bitration, or media-
2. any past, present or future director, of- ture employee of an tion proceeding
ficer, board member, trustee, owner, part- insured organization, made against any In-
ner, or manager of an insured organiza- including any full- sured seeking mone-
tion, but only while acting within the time, part-time, tem-
DataInsure 2.0 is a monoline tary or nonmonetary
scope of their duties on behalf of the in- porary or leased em-
cyber policy. The same cyber relief and com-
sured organization; ployees, independent
coverage is also available in menced by the ser-
3. an executive officer; contractors, volun-
Liberty Mutual/Ironshore the blended TechInsure 2.0
4. any past, present, or future employee
vice of a complaint
policy, which includes Tech- teers and interns, but or similar proceeding
of an insured organization, including any only while acting
nology and Miscellaneous or the return of an in-
full-time, part-time, temporary or leased within the scope of
Professional Liability. dictment;
employees, independent contractors, vol- their duties on behalf 2. request made to an
unteers and interns, but only while acting of the insured organi- insured to toll a stat-
within the scope of their duties on behalf zation ute of limitations;
of the insured organization;
3. written demand for
5. any client or customer of the insured
monetary or non-
organization, but only if a written con-
monetary relief made
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 77
The Betterley Report
Third-Party Coverage
Who Is Insured?
Monoline, Definition of
Insurer Does the Defini-
Package, Other tion Include Medi- Claim
cal Practitioner,
Definition Medical Directors,
Chief of Staff,
Department Head,
and Students?
tract entered into by the insured organiza- Clarification via en- against an Insured;
tion specifically requires that such client dorsement may be of- or
or customer be added as an additional in- fered if required. 4. regulatory pro-
sured for network security and privacy li- ceeding.
ability insurance, and only for claims first
made on or after the effective date of
such contract and of this policy that are
for vicarious or imputed liability result-
ing from wrongful acts committed by the
named insured;
6. the legal representatives, estate, heirs,
spouse or any domestic partner of an in-
sured person but only for claims against
such person arising solely from their sta-
tus as such, and, with respect to a spouse
or domestic partner, only where such
claim seeks amounts from marital or
jointly-owned property or property trans-
ferred from an insured to such spouse or
domestic partner.
Claim means any:
1. written demand
for monetary dam-
ages, injunctive, or
other nonmonetary
relief;
2. civil proceeding
X. Insured means:
for monetary dam-
1. an insured organization;
ages, injunctive, or
2. any past or present employee, director,
other nonmonetary
officer, member, principal, partner, trus-
relief commenced by
tee, leased, temporary,
the service of a com-
seasonal employee/worker, or volunteer
plaint or similar
of an insured organization acting in their Yes included in defi-
pleading;
capacity and in nition of insured but
3. demand for arbi-
Mosaic Monoline accordance with their authority as such; contract certainty
tration, mediation, or
and available via endorse-
other alternative dis-
3. any past or present independent con- ment
pute resolution pro-
tractor performing services for an insured
ceeding seeking
organization pursuant to
monetary damages,
a written contract, but solely with respect
injunctive, or other
to such independent contractor’s duties
nonmonetary relief;
on behalf and for the
4. written request to
benefit of an insured organization.
toll or waive a stat-
ute of limitations;
5. institution of a
regulatory action
against an insured,
solely with regard to
Insuring Agreement
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 78
The Betterley Report
Third-Party Coverage
Who Is Insured?
Monoline, Definition of
Insurer Does the Defini-
Package, Other tion Include Medi- Claim
cal Practitioner,
Definition Medical Directors,
Chief of Staff,
Department Head,
and Students?
I.B.2.
(Regulatory Proceed-
ings); or
6. Cease and desist
letter, solely with re-
gard to Insuring
Agreement I.B.4.
(Internet Media).
Insured defined as (1) the named insured
and any subsidiaries (the “insured organi-
zation”); (2) any past, present or future di-
rector, manager of a limited liability com-
pany, officer, trustee or committee member
of the insured organization, but only with re-
spect to the performance of his or her duties
as such on behalf of the insured organization;
(3) any past, present or future employee (in-
cluding a part time, temporary, leased or
Claims defined as (1)
seasonal employee or volunteer) intern or
a written demand re-
independent contractor of the insured or-
ceived by any in-
ganization, but only for work done while
sured for money, ser-
acting within the scope of his or her em-
vices, or any non-
ployment and related to the conduct of the
monetary or injunc-
insured organization’s business; (4) any
tive relief; (2) a writ-
past, present or future principal if the
ten request for medi-
named insured is a sole proprietorship, or
ation or arbitration
a partner if the named insured is a partner-
received by any in-
ship, but only with respect to the perfor-
sured; (3) a civil pro-
mance of his or her duties as such on be-
Resilience Monoline
half of the insured organization; (5) any
Yes ceeding against any
insured commenced
person who previously qualified as an in-
by service of a com-
sured under parts 2. - 4., but only with re-
plaint or similar pro-
spect to the performance of his or her du-
ceeding; (4) a written
ties as such on behalf of the insured organ-
request to toll or
ization; (6) an additional insured, but only
waive any applicable
as respects claims against such person or
statute of limitations;
entity for acts, errors or omissions of the
and (5) institution of
insured organization; (7) the estate, heirs,
a regulatory proceed-
executors, administrators, assigns and le-
ing against any in-
gal representatives of any insured in the
sured.
event of such insured’s death, incapacity,
insolvency or bankruptcy, but only to the
extent that such insured would otherwise
be provided coverage under this policy;
(8) the lawful spouse, including any natu-
ral person qualifying as a domestic partner
of any insured, but solely by reason of any
act, error or omission of an insured other
than such spouse or domestic partner; and
(9) the insured organization with respect
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 79
The Betterley Report
Third-Party Coverage
Who Is Insured?
Monoline, Definition of
Insurer Does the Defini-
Package, Other tion Include Medi- Claim
cal Practitioner,
Definition Medical Directors,
Chief of Staff,
Department Head,
and Students?
to its participation in a joint venture that
does not otherwise qualify as a subsidiary,
but only: (a) to the extent of its ownership
interest and solely for the named insured’s
liability for an otherwise covered claim,
loss or cost under the respective joint ven-
ture; and (b) if the joint venture has no
other valid or collectible insurance.
Claim means:
(1) a written demand
for monetary dam-
ages or nonmonetary
relief;
(2) a civil proceeding
commenced by ser-
vice of a complaint
or similar pleading;
(3) arbitration, medi-
ation, or similar al-
ternative dispute res-
olution proceeding,
Named insured and its subsidiaries, in- commenced by the
cluding controlled JVs, insured persons service of arbitration
CyberRisk is available mono-
(includes employees, natural person offic- petition or similar le-
line or can be packaged with
ers, partners, sole proprietors, in-house gal document; (4) a
Travelers other management liability
general counsel, members of the board of
No
written request to
coverages, including D&O,
directors, trustees, and governors), and toll or waive a stat-
EPL, fiduciary and crime
newly formed or acquired subsidiaries ute of limitations re-
within specified parameters. lating to a potential
civil or administra-
tive proceeding; or
(5)
a formal administra-
tive or regulatory
proceeding com-
menced by filing of
charges, formal in-
vestigative order,
service of summons
or similar document
(for Regulatory Pro-
ceedings cover)
The insured means you and the insured See the definition of
Monoline (all responses to persons. Per the policy, the words “you” insured person in Claim means:
this survey are in relation to and “your” refer to the named insured prior response. For 1. a written demand
Zurich the Zurich Cyber Insurance and its subsidiaries. For reference, the in- contract certainty en- against the insured
Policy (ZCIP) which is a sured person: dorsements amending for monetary dam-
stand-alone policy that com- 1. means any natural person who has policy definitions ages or nonmonetary
bines first- and third-party been, now is, or shall be: may be available. or injunctive
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
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Third-Party Coverage
Who Is Insured?
Monoline, Definition of
Insurer Does the Defini-
Package, Other tion Include Medi- Claim
cal Practitioner,
Definition Medical Directors,
Chief of Staff,
Department Head,
and Students?
coverages on one policy a. an executive officer, your employee, relief, including a
form) temporary employee, volunteer, applicant written demand
for employment, or intern acting in such that the insured toll
capacity or, with respect to a subsidiary or waive a statute
incorporated outside of the united states of limitations;
or canada, the functional equivalent of an 2. a civil or adminis-
executive officer, your employee, tempo- trative proceeding
rary employee, volunteer, applicant for against the Insured
employment, or intern acting in such ca- for monetary dam-
pacity; ages or nonmonetary
b. your independent contractor other than or injunctive relief,
a service provider, but solely with respect commenced by the
to a wrongful act committed within the service upon the
scope of such person’s duties on behalf insured of a com-
of you performed pursuant to a written plaint or similar
contract with you; or pleading, including
c. a spouse or domestic partner (as de- any appeal thereof;
fined under any applicable law or formal or
program established by you) of any per- 3. an arbitration or
son identified in Subsection III.AG.1.a. other alternative
above, but solely if a claim made against dispute resolution
such person identified in Subsection proceeding against
III.AG.1.a. is also made against such the insured for mon-
spouse or domestic partner due to: etary damages
1. such spouse’s or domestic partner’s or nonmonetary or
status as a spouse or domestic partner of injunctive relief,
the person identified in Subsection commenced by the
III.AG.1.a.; or insured’s receipt of
2. such spouse’s or domestic partner’s a request or demand
ownership interest in property that the for such proceeding,
claimant seeks as recovery for alleged including any appeal
wrongful acts of the person identified in thereof.
Subsection III.AG.1.a., provided, how- 4. solely with respect
ever, insured person shall not include a to the coverages un-
lawful spouse or domestic partner with der the I.A.4, IA.5,
respect to a claim against that spouse or and IA.6 Insuring
domestic partner for his or her own Agreements, a regu-
wrongful acts; and latory proceeding, a
2. shall also include the estates, heirs, le- GDPR proceeding,
gal representatives, or assigns of any per- or a PCI demand
son identified in Subsection III.AG.1.
who is deceased, incompetent, insolvent
or bankrupt, but only for a claim arising
solely out of their status as such.
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 82
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Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
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Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Prior Acts
Is Previous Cover-
If Not, Is
Prior Acts Coverage Included in age Required for Typical
Insurer Prior Acts
Standard Policy? Prior Acts To Be Of- Cost
Available?
fered?
AIG Coverage available subject to retroactive date Yes No, but subject to underwriting Varies
Chubb Yes, subject to retroactive date Yes No, but subject to underwriting Varies
No additional
Cincinnati Yes N/A No cost for prior
acts
Coalition Full prior acts by default N/A No N/A
Liberty Mu- Yes, subject to retroactive date Yes No, subject to underwriting Varies
tual/Ironshore
No, subject to underwriter dis-
Mosaic Yes, subject to retroactive date N/A
cretion
varies
Travelers Yes, subject to retroactive date Yes No, subject to underwriting Varies
Zurich Coverage available subject to retroactive date N/A No, subject to underwriting Varies
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Coverage Territory
United
States/
Territories/ Worldwide if Suit Brought in Worldwide, Suit Brought
Insurer
Canada/ United States Anywhere
Puerto
Rico
AIG Yes Yes Yes
Berkley Cyber
Risk Yes Yes Yes
Solution
CFC Yes Yes Yes
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 86
The Betterley Report
Exclusions 1
(“Yes” Indicates Exclusion Is Included in Policy)
False Claims
Act and
Similar Laws
and Regula-
Transfer of
Dishonest/ Failure To tions
Funds
Fraudulent/ Intentional Maintain Regarding
Insurer to/from
Criminal/ Acts Security Billing
Financial
Malicious Acts Standards Errors,
Institution
Fraudulent
Billing
Practices, or
Abuse
Yes, but coverage is provided to the entity for
acts of a rogue employee.
Insurer will defend suits that allege any of the
AIG foregoing conduct by such person, and that are
No No No
not otherwise excluded, until there is a final judg-
ment or final adjudication
Yes, but only if such
Yes, but only if such is
is established by fi-
Allianz (AGCS) established by final non-
nal nonappealable
No No No
appealable adjudication.
adjudication
Yes, but such acts
Yes, but such acts will will only exclude
only exclude coverage coverage for the of-
for the offending indi- fending individ-
vidual(s). If, however, ual(s). If, however,
the offending individual the offending indi-
Allied World is part of the executive vidual is part of the
No Yes No
officer (as defined in the executive officer (as
policy) class, the exclu- defined in the pol-
sion shall be imputed to icy) class, the exclu-
all Insureds sion shall be imputed
to all Insureds
Yes, but such acts
Yes, but such acts will will not be excluded
not be excluded if perpe- if perpetrated by a
trated by a member of member of the con-
the control group acting trol group acting de- Yes, but carveback
At-Bay deliberately outside their liberately outside No for privacy viola- No
capacity or, in the case their capacity or, in tions
of first-party coverage, the case of first party
perpetrated by an em- coverage, perpe-
ployee trated by an em-
ployee
Yes, but exclusion
Yes, but exclusion does
does not apply to an
not apply to an insured
insured who did not
who did not personally
Beazley commit or personally
personally commit or No Yes Yes
personally partici-
participate in committing
pate in committing
the act
the act
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 87
The Betterley Report
Exclusions 1
(“Yes” Indicates Exclusion Is Included in Policy)
False Claims
Act and
Similar Laws
and Regula-
Transfer of
Dishonest/ Failure To tions
Funds
Fraudulent/ Intentional Maintain Regarding
Insurer to/from
Criminal/ Acts Security Billing
Financial
Malicious Acts Standards Errors,
Institution
Fraudulent
Billing
Practices, or
Abuse
Yes, if established by
nonappealable adjudica-
tion or binding arbitra-
tion. Acts or knowledge
of an insured person will
Berkley Cyber Risk not be imputed to any No No No
No specific exclu-
Solutions sion.
other insured person.
Only acts and
knowledge of a person in
the control group will be
imputed to the company.
Yes, but restricted to Yes, but restricted to
CFC current senior executive current senior execu- No No No
officers tive officers
Yes, with severability af- Yes, with severabil-
forded, final adjudica- ity afforded, final ad-
Chubb tion, and rogue actor judication and rogue
No Yes No
carveback. actor carveback.
Only excluded if No exclusion per se,
there is a reckless but no intended cov-
Cincinnati Yes Yes
disregard for secu-
No
erage as it is availa-
rity ble under crime
No exclusion, except Yes, but carveback
Coalition Yes fraud by senior exec- No for privacy viola- No
utive tions
Yes, however, policy in-
cludes carveback lan- Yes, subject to final
Corvus guage for innocent in- adjudication
No Yes No
sureds.
Yes, exclusion only ap- Yes, exclusion only
plies to the named in- applies to the named
sured if the conduct was insured if the conduct
committed by any exec- was committed by
utive; or employee of the any executive; or em-
named insured if any ex- Yes, via cybercrime ployee of the named
Hiscox ecutive knew or had rea- No Yes, with carveback funds transfer fraud insured if any execu-
son to know of such con- coverage tive knew or had rea-
duct by the employee; son to know of such
defense carveback until conduct by the em-
there is a final adjudica- ployee; defense
tion establishing the con- carveback until there
duct. is a final adjudication
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 88
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Exclusions 1
(“Yes” Indicates Exclusion Is Included in Policy)
False Claims
Act and
Similar Laws
and Regula-
Transfer of
Dishonest/ Failure To tions
Funds
Fraudulent/ Intentional Maintain Regarding
Insurer to/from
Criminal/ Acts Security Billing
Financial
Malicious Acts Standards Errors,
Institution
Fraudulent
Billing
Practices, or
Abuse
establishing the con-
duct.
Yes excluded in reg-
ulatory exclusion,
Yes, carveback for rogue employee. Exclusion carveback for regu- Yes, coverage can be
Liberty Mutual/ only applies when finally adjudicated that such No latory proceedings added via endorse-
Ironshore conduct occurred. from privacy or net- ment.
work security inci-
dent
Yes, but coverage
Yes, but coverage for Optional coverage
for claims expenses
Mosaic claims expenses until fi-
until final adjudica-
No Yes available via en-
nal adjudication dorsement
tion
Yes (exclusion does
Yes (exclusion does not
not apply to insured Yes (exclusion does
apply to insured who did
Resilience not personally commit or
who did not person- No Yes not apply to relevant
ally commit or par- eCrime coverages)
participate in the act)
ticipate in the act)
Yes, but does not apply
to defense costs, and
only applies to other loss
if a final, nonappealable
adjudication establishes
Optional coverage is
such conduct occurred.
Travelers Knowledge or conduct
No No No available for funds
transfer fraud
of one insured does not
impute to another. Only
knowledge of an execu-
tive officer imputes to
the insured entity.
Yes, not specifically
“to/from financial in-
stitutions.” Coverage
Yes, with severability af- Yes, with severabil- available for social
Zurich forded ity afforded
No Yes
engineering transfer
fraud event and in-
voice manipulation
via endorsement.
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 89
The Betterley Report
Exclusions 2
(“Yes” Indicates Exclusion Is Included in Policy)
Infringement of Property
Theft of Intellectual Bodily Injury
Insurer Patent/Copyright/ Damage
Property (Direct)
Trademark (Direct)
Yes, but does not include men-
tal anguish, mental injury,
In most cases, limited to misappro- Yes (affirmative cover-
Patent infringement is excluded. shock, and humiliation not aris-
priation of an insured’s trade secrets age available through
AIG Copyright/trademark coverage available
or misappropriation of trade secrets
ing out of physical injury (af-
CyberEdge PC or
via media coverage. firmative coverage available
by an insured. CyberEdge Plus)
through CyberEdge PC or
CyberEdge Plus).
Yes, with carvebacks for men-
Coverage in media coverage part for
tal anguish, mental injury, Yes, not including cov-
Allianz Yes, patent infringement is excluded.
various misappropriations of trade-
mental tension, emotional dis- erage provided from a
(AGCS) marked or copyrighted matter. Other-
tress, pain, and suffering or “bricking incident”
wise, coverage is limited or excluded.
shock
Yes, actual or alleged violation of
Yes, actual or alleged violation of any law any law or statute protecting any pa- Yes, but with carveback for
or statute protecting any patent, or any rule tent, or any rule or regulation prom- mental anguish/emotional dis-
or regulation promulgated thereunder, or of ulgated thereunder or of any provi- tress as regards privacy wrong-
any provision of the common law imposing sion of the common law imposing li- ful acts. Note, exclusion ap-
Allied liability in connection therewith; or the ability in connection therewith; or the plies to liability but not to pay-
Yes
World misappropriation, misuse, or disclosure of misappropriation, misuse, or disclo- on-behalf or reimbursement in-
confidential and propriety information or sure of confidential and propriety in- suring agreements such as noti-
trade secrets other than specifically de- formation or trade secrets other than fication and credit monitoring,
scribed in the definition of network secu- specifically described in the defini- breach consultation services, or
rity and privacy wrongful acts tion of network security and privacy supplemental coverages
wrongful acts
Patent infringement is excluded.
Yes, but carve back for corporate in- Yes, but carve back for
Other intellectual property infringement in- Yes, except for emotional dis-
At-Bay cluded under media liability except for
formation resulting from a network
tress or mental anguish
bricking coverage via
security breach endorsement
software infringement
Beazley Patent infringement is excluded. No Yes Yes
Berkley
Yes, patent or trade secret infringement by Yes, does not apply to mental
Cyber any insured. Copyright/trademark coverage No anguish, humiliation, or emo- Yes
Risk Solu- available via CyberMedia. tional distress
tions
Yes, for patent. No for copyright and trade-
CFC mark.
No Yes Yes
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 90
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Exclusions 2
(“Yes” Indicates Exclusion Is Included in Policy)
Infringement of Property
Theft of Intellectual Bodily Injury
Insurer Patent/Copyright/ Damage
Property (Direct)
Trademark (Direct)
Yes, but exclusion
does not apply to dam-
age to, loss of use of,
Patent infringement is excluded. Copyright or destruction of data
Yes, with a carveback for men-
Hiscox and trademark infringement provided in Yes
tal anguish/distress
or hardware damaged
the digital liability coverage. as a result of unauthor-
ized reprograming of
software (including
hardware)
Any matter brought by or on behalf of or in
the name, or right of any intellectual prop-
erty licensing bodies or organizations, in-
cluding but not limited to the American
Society of Composers, Authors and Pub-
lishers (ASCAP), the Society of European
State Authors and Composers (SESAC) or
Broadcast Music, Inc. (BMI).
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 91
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Exclusions 3
(“Yes” Indicates Exclusion Is Included in Policy)
Loss of Use Personal Advertising Contractual
Insurer
of Property Injury Injury Liability
AIG Yes No No Yes, but with exceptions
Yes, on some cover-
age parts, there is a
Yes, exclusion in
trade practices ex- Yes, but does not apply to liability attaching even in the absence of a con-
Allianz base form but en-
No clusion which could tract. Also, does not apply to agreements to maintain PII or confidential
(AGCS) dorsements may
limit coverage for information.
modify
deceptive advertis-
ing
Allied Yes No No Contractual liability not included within the definition of loss
World
Yes, however this exclusion shall not apply to:
a. such liability would apply in the absence of such contract
b. an insured’s contractual obligation to maintain the confidentiality or
security of PPI
c. an insured’s obligation under an implied or statutory standard of care
No, applicable to obligation to prevent an information privacy or network security event
media liability insur- d. with respect to information privacy coverage and an unintentional vio-
At-Bay Yes No ing agreement only lation by an insured to comply with an insured’s privacy policy
and limited to cer- e. solely with respect to a PCI-DSS claim
tain representations f. solely with respect to media liability for any actual or alleged misap-
propriation of idea under implied contract
g. solely with respect to information privacy coverage and an insured’s
unintentional breach of contract or agreement with business associate
as defined in HIPAA/HITECH
Beazley Yes No No Yes, but exclusion only applies to media liability
Berkley Yes, with exception for liability in absence of a contract and for privacy
Cyber Risk Yes No No events including PCI claim and data breach response expenses in connec-
tion therewith
Solutions
CFC No No No No
Yes, based on prop-
Applicable to media
erty damage defini-
Chubb tion. Applicable en-
No insuring agreement Yes, with significant carveback language
only
dorsement suite.
Yes, except to the extent that the insured would be liable in the absence
Cincinnati Yes No No of the contract. Carveback for PCI fines/penalties under data compromise
liability.
Yes, but can be re- Yes, with carvebacks:
Yes, but can be re-
moved via en- 1. obligation to maintain confidentiality or security of PII or third-party
moved via endorse-
dorsement (BI/PD No, media coverage corporate information
Coalition ment (BI/PD first-
first-/third-party part of policy 2. misappropriation of ideas implied under implied contract
/third-party cover-
coverage availa- 3. PCI fines and assessments
age available)
ble) 4. to extent liability exists in absence of contract or agreement
Yes, breach of contract exclusion exists, however the exclusion does not
Corvus No No No
apply to liability the insured would have had in the absence of a contract.
Yes, but carveback
No, unintentional breach of a written contract asserted by a client is part
for damage of data
Hiscox and coverage under
No No of the definition of claim. Further, breaches of merchant services agree-
ments, payment processing agreements, or similar are expressly covered.
bricking costs
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 92
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Exclusions 3
(“Yes” Indicates Exclusion Is Included in Policy)
Loss of Use Personal Advertising Contractual
Insurer
of Property Injury Injury Liability
Yes, contractual liability or an obligation of an Insured including warran-
ties, representations or guarantees; however, this exclusion does not ap-
ply to:
Yes, clarification
a. the extent to which an insured would have been liable in the absence
Liberty Mu- that property dam-
of such contract or agreement;
age does not mean
tual/Iron- the corruption or
No No b. a nondisclosure or confidentiality agreement;
c. unauthorized collection in connection with a privacy or network se-
shore deletion of digital
curity incident; or
assets.
d. a written contract to reimburse a third party for costs under privacy
breach expenses in connection with a privacy or network security inci-
dent by an insured.
Yes, with carveback
Yes, unless such liability would have been applied in the absence of a
for hardware re-
Mosaic placement costs and
No No contract or breach of confidentiality provision in a written agreement, un-
intentional breach of privacy policy, or PCI assessment
digital assets
Resilience Yes No No Only with respect to media liability
Yes, except to the extent that the insured would have liability without the
contract or agreement, unless the insured contractually assumed the lia-
Travelers Yes No No
bility after the wrongful act that caused the loss was known by any de-
scribed authorized person.
Yes, unless such liability would have attached to the insured even in the
Yes, however, that
absence of such contract. Exclusion does not apply to any obligation to
does not include the
False advertising is maintain the confidentiality or security of personal information or corpo-
Zurich corruption, loss, or No
excluded rate information that is specifically identified as confidential and pro-
destruction of elec-
tected under a nondisclosure agreement or similar contract solely if such
tronic data
liability arises out of a privacy wrongful act or a security wrongful act
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
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Page 93
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Exclusions 4
(“Yes” Indicates Exclusion Is Included in Policy)
Com-
Breach of Warrantees/ Wear
Insurer puter Hardware
Guarantees and Tear
Virus
AIG No No separate exclusion No No
Only for busi-
Allianz (AGCS) No No ness interrup- No
tion
Allied World No No No No
Yes, but with carveback to property
At-Bay No Yes, but see carveback language under contract exclusion No damage exclusion for bricking cov-
erage
Exclude physical injury to or de-
Beazley No No No
struction of any tangible property
Berkley Cyber No No, other than breach of contract exclusion No No
Risk Solutions
Yes, but with a carveback for hard-
CFC No No N/A ware re-placement costs where it
makes economic sense
Chubb No N/A No No
Yes, but with a carveback for hard-
Cincinnati No No, but contractual liability exclusion may defeat coverage No ware replacement costs where it
makes economic sense
Yes, but with carvebacks:
1. obligation to maintain confidentiality or security of PII or
Yes, but can be removed via en-
third-party corporate information Only in sys-
dorsement (BI/PD first-/third-party
Coalition No 2. misappropriation of ideas implied under implied contract tems failure
and computer replacement coverage
3. PCI fines and assessments definition
available)
4. to extent liability exists in absence of contract or agree-
ment
Yes, however, exclusion does not apply to any liability the in-
sured would have had in the absence of such warranty, guaran-
Corvus No
tee, or promise. Exclusion also does not apply to a breach of
No No
the insured’s privacy policy.
No hardware exclusion; carveback
Hiscox No No No exists for hardware replacement via
bricking coverage
Yes, contractual liability or an obligation of an insured includ-
ing warranties, representations or guarantees; however, this ex-
clusion does not apply to:
a. the extent to which an insured would have been liable in
the absence of such contract or agreement;
Liberty Mu- No b. a nondisclosure or confidentiality agreement; No
Yes but not for affirmative bricking
tual/Ironshore coverage in base form.
c. Unauthorized collection in connection with a privacy or
network security incident; or
d. a written contract to reimburse a third party for costs under
privacy breach expenses in connection with a privacy or net-
work security incident by an insured.
Mosaic No No No No
Resilience No No No No
Yes, physical damage to tangible
Travelers No No No property is excluded. Data is not
considered tangible property.
Yes, however, does not apply to liability that would exist even Physical damage to tangible prop-
Zurich No
in the absence of such warranty, guarantee, or promise.
No
erty is excluded.
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
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Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 95
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Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 96
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Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this material.
Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise used in
any form other than with the expressed written permission of International Risk Management Institute, Inc.
Page 97
The Betterley Report
The Betterley Report, your independent guide to specialty insurance products, is a series of six
comprehensive reports published annually by Betterley Risk Consultants and distributed by
International Risk Management Institute, Inc. (IRMI).
The editor has attempted to ensure that the information in each issue is accurate at the time it was
obtained. Opinions on insurance, financial, legal, and regulatory matters are those of the editor
and others; professional counsel should be consulted before any action or decision based on this
matter istaken. Note: all product names referred to herein are the properties of their respective
owners.
Information in this Report includes information provided by participating insurance companies. Professional counsel should be sought before any action or decision is made in the use of this
material. Copyright 2023 International Risk Management Institute, Inc. No part of this publication or its contents may be copied, downloaded, stored in a retrieval system, further transmitted
or otherwise used in any form other than with the expressed written permission of International Risk Management Institute, Inc.
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