Cyberliability / E-Commerce / IT Professional Liability

CYBERSECURITY – Insuring Cyber Exposures for Businesses of All Kinds

NEWS FLASH:

  • Time Warner: lost unencrypted computer backup tapes containing sensitive information from as far back as 1986 about 600,000 people, including Social Security numbers
  • Ohio University: faces class-action filed by two alumni whose personal data were among those accessed when hackers broker into OU’s computer system
  • DSW Shoe Warehouse: announced that thieves had accessed 1.4 million credit card numbers, checking account numbers and driver’s license information of about 96,000 customers
  • American International Group (AIG), Indiana Office of Medical Excess, LLC: computer server stolen on March 31 containing personal information, including names, social security numbers, birth dates and some medical and disability information 930,000
  • TJ Maxx: systems breached by a hacker who pilfered credit and debit card numbers as well as driver’s license numbers. A class action lawsuit was filed against TJX Cos., accusing them of negligence for failure to maintain adequate security of customer credit and debit card data and for failure to publicly announce the intrusion for a month.
  • CRIMES LIKE THESE HAPPEN MORE OFTEN THAN YOU THINK!

    ARE YOU AWARE THAT…

  • Privacy legislation in some states may require notification of every affected individual?
  • The costs associated with handling these incidents (notifying customers, changing account numbers, subscribing to credit monitoring services) can be significant – up to $30 or more per customer, multiplied by potentially thousands, if not millions, of customers?
  • Your clients don’t even have to be the target of hackers – old-fashioned events like loss of physical property (computer tapes) may result in identity theft.
  • CYBERLIABILITY insuring clause provides coverage for:

  • DISCLOSURE INJURY, including suits by customers of your clients arising from a system security failure that results in the unauthorized access to or dissemination of private information on the Internet
  • CONTENT INJURY, including suits arising from intellectual property infringement, trademark infringement and copyright infringement
  • REPUTATIONAL INJURY, including suits alleging disparagement of products or services, libel, slander, defamation and invasion of privacy
  • CONDUIT INJURY, including suits arising from system security failures that result in harm to third-party systems
  • IMPAIRED ACCESS INJURY, including suits arising from a system security failure that results in your clients’ systems being unavailable to customers
  • OPTIONAL INSURING CLAUSES:

  • BUSINESS INTERRUPTION, including first dollar extra expense
  • E-THREAT, including the cost of a professional negotiator and ransom payment
  • PRIVACY NOTIFICATION EXPENSES, including the cost of credit monitoring services for affected customers
  • E-VANDALISM EXPENSE, even when the vandalism is caused by an employee
  • CRISIS MANAGEMENT AND REWARD EXPENSES, including the cost of public relations consultants
  • CYBERLIABILITY - For IT Professionals

    According to a recent the Wall Street Journal article, Hershey flipped the switch on a $112 million computer system that was supposed to automate and modernize candy orders.  A computer glitch occurred and candy orders never made the store shelves in time for Halloween!

    IT Professionals need protection against liability when a job goes wrong.  Broad coverage is available for computer security, web page development, custom software development and internet access providers.

    Coverage for unauthorized or malicious access to computer systems is available and will respond to:

  • Virus Attacks
  • Hacker Attacks
  • Loss of Data, Systems and Programs
  • Loss of Intellectual Property and Trade Secrets
  • Damage caused to a third party's network
  • Business Interruption
  • Protection is available for entities whose operations include the dissemination of information utilizing on-line technology:

  • Internet Access Providers
  • Internet Content Providers
  • Web Site Developers, Consultants and Designers
  • Web Hosts and Owners
  • Chat Rooms and Bulletin Boards
  • Search Engine Providers
  • Software Developers
  • Intellectual Property Coverages available for:

  • Copyright
  • Trademark and Service Mark
  • Patent Infringement Abatement - protects the patent holder in the enforcement against an infringer
  • Patent Defense Cost Reimbursement - protects the insured in the defense of a patent infringement change by a third party.
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    MSM Website revision – CyberLiab/CyberSec. Page 03/07

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