Tag archives: Cyber insurance

Cyber risk cover – the pandemic lesson

By Patrick Bracher (ZA) on July 7, 2020 Posted in Insurance

One lesson for insurers from the COVID-19 pandemic is that carefully considered wording for potentially massive losses is essential. Cyber risk can lead to such losses. Here are links to some of the articles we have written on cyber risk to remind you: Cyber risk warnings for insurers Cyber cover must be specifically provided or … Continue reading

Cyber cover must be specifically provided or excluded (Lloyd’s)

By Patrick Bracher (ZA) on July 23, 2019 Posted in Insurance

Lloyd’s of London requires its insurers to exclude or provide affirmative cover for cyber risks. Insurers connected to Lloyd’s must make sure they do not have unintended exposure to cyber risk. From the beginning of 2020 underwriters are required to ensure that their property damage policies specifically affirm or exclude cyber cover. This applies to … Continue reading

Cyber insurance and the war exclusion

By Patrick Bracher (ZA) on July 16, 2019 Posted in Insurance

Cyber insurers should note the debate going on in London regarding reform of the war exclusion clause in cyber insurance. The perpetrators of cyber incidents are often untraceable and it is difficult to ascertain whether they constitute state-sponsored acts of war subject to the war exclusion clause. There is at least one pending action where … Continue reading

Cyber risk warnings for insurers

By Patrick Bracher (ZA) on June 18, 2019 Posted in Insurance

The cautionary warnings continue for insurers regarding the cyber risks that they underwrite. Although cybersure is seen as one of the major opportunities for the insurance industry, there are a number of risks including the increasing frequency of cyberattacks, the difficulty in pricing for the risks, and the fact that existing policies, including liability and … Continue reading

CyRiM warns of up to $193 billion cyber risk – Insurers beware!

By Patrick Bracher (ZA) on February 6, 2019 Posted in Insurance

The Cyber Risk Management (CyRiM) Report 2019 shows that the economic damage to the world from a concerted global cyber-attack propagated by malicious email could range between $85 billion (least severe) to $193 billion (most severe). Retail at least could suffer the highest total economic loss globally ($15 billion), followed by healthcare ($10 billion) and manufacturing ($9 billion). It … Continue reading

Cyber breach claim fails under GLP because information not ‘published’ (US)

By Patrick Bracher (ZA) on December 2, 2018 Posted in Insurance

A Florida court held that the insurer had no duty to defend a hotel operator’s information technology subsidiary against allegations that it was responsible for a hacking incident that exposed hotel customers’ credit card data because, under the general liability policy, there was no ‘making known to any person or organisation covered material that violates … Continue reading

Cyberattack by telephone held not computer fraud (US)

By Patrick Bracher (ZA) on March 28, 2017 Posted in Insurance

Where an insurer’s policy covered computer fraud, a Georgia US judge refused to grant the insured an indemnity when the fraud had been committed over the phone. The insured provides a service that allows customers to load funds onto debit cards issued by third party banks and sold by retailers. The amount on the card … Continue reading

Cover for cyber breaches under general liability policies

By Elsa Jordaan on April 13, 2016 Posted in Insurance

If insurers don’t want to cover cyber liability under a general liability policy they’d better check their wordings and introduce exclusions if necessary. Whether or not cyber breaches are covered under the “personal and advertising injury” section of commercial general liability policies depends on the circumstances of each case. I discuss two cases which illustrate … Continue reading

Cyber threats, exposures and insurance

By Elsa Jordaan on April 1, 2016 Posted in Insurance

One of the main concerns for South African businesses is dealing with cyber threats. While loss or harm caused by cyber incidents is not entirely new, these incidents have become more common in recent years due to the rapid advances in technology and the changes in many business models. By way of an example, machines … Continue reading