What is Cyber Liability Insurance in Manufacturing

What is Cyber Liability Insurance in Manufacturing blog image

Today, where manufacturing rely heavily on technology, cyber attack threats loom. Cyber Liability Insurance, often called Cyber Insurance, has emerged as a crucial risk management tool for manufacturing. This article explores the nuances of Cyber Liability Insurance, covering everything from its definition to potential scenarios and future trends.

What is cyber insurance and why do I need it?

Cyber insurance

Cyber liability insurance, often called cybersecurity insurance, protects small businesses against the substantial expenses of a data breach or malicious software attack. This coverage extends to various costs, including but not limited to customer notification, credit monitoring, legal fees, and fines.

Data breaches and other cyber attacks are rising, presenting a significant financial burden. Regardless of size, businesses are vulnerable to cyber threats due to notable vulnerabilities and potential inadequacies in their cybersecurity measures. This makes them attractive targets for cybercriminals.

Experiencing a cyber attack is not merely an inconvenience; it can potentially jeopardize your business’s existence. 2023 the global average data breach cost was $4.45 million, with almost 43% of these attacks targeting small businesses.

Businesses can use cyber insurance coverage to mitigate the financial impact of cyber incidents such as data breaches and attacks. This type of insurance aids in recovering from financial losses by covering expenses like credit monitoring, attorney’s fees, fines, data recovery, and other associated costs.

What does cyber liability insurance cover?

Cybersecurity insurance addresses the expenses related to incident response in the event of data breaches and cyberattacks. This includes the costs incurred in recovering crucial data and securing legal representation.

Two distinct categories of cyber liability insurance exist first-party coverage and third-party coverage.

For businesses dealing with personally identifiable information (PII) for customers, first-party cyber liability insurance is crucial to safeguard against their cyber risks.

On the other hand, companies entrusted with their clients’ cybersecurity must acquire third-party cyber liability insurance to ensure legal protection against potential client lawsuits.

What is first-party cyber liability insurance?

First-party cyber liability insurance, or data breach insurance, addresses expenses associated with a direct impact on your business from a data breach or cyberattack.

This coverage can often be incorporated into your general liability insurance and is particularly recommended for businesses involved in the collection of personal information, such as customer credit card numbers or email addresses.

Specifically, first-party cyber liability insurance can assist in covering the following:

Data breach response costs

State laws typically mandate a response when a business is affected by a data breach. Cyber insurance helps defray expenses related to hiring a digital forensic expert to investigate the breach, customer notifications, consumer credit and fraud monitoring services, and fines for Payment Card Industry (PCI) compliance.

Business interruption expenses

When a cyber incident disrupts essential systems or halts business operations, cyber insurance can help manage business interruption costs, including expenses for hiring additional staff or renting equipment. This encompasses procuring third-party services, such as engaging a public relations manager or crisis management team.

Ransomware payments

In cases where a hacker encrypts private information about your company or its employees and demands a ransom, cyber liability insurance aids in meeting cyber extortion demands through financial support.

What is third-party cyber insurance coverage?

Third-party cyber liability coverage helps cover legal expenses if a client files a lawsuit against your company for failing to prevent a data breach or cyberattack on their business. This type of insurance is advisable for technology businesses that provide software recommendations to clients or bear responsibility for their network security.

This coverage can often be combined with your errors and omissions policy, forming what is referred to as technology errors and omissions insurance, or tech E&O.

Specifically, third-party cyber insurance can aid in covering:

Legal defense costs

If your business faces a lawsuit from a client asserting your failure to prevent a data breach at their business, cyber liability insurance may contribute to covering attorney’s fees and other legal costs associated with your defense in court.

Settlements

In the event of a lawsuit initiated by a client who experienced a data breach, you and the client may opt for an out-of-court settlement to address and rectify the damages they suffered.

Court-ordered judgments

If a client alleges that your company is responsible for a data breach at their business and takes legal action against you, you may be legally obligated to cover damages resulting from any judgments in the lawsuit.

What is not covered by cyber liability insurance?

It is advisable to carefully review your cyber liability insurance policy to be aware of exclusions. Some common scenarios not covered by cyber liability insurance include:

Business Interruption from External Systems

Your policy might exclude coverage for business interruption costs arising from a computer system failure owned by a third party, except for interruptions specifically covered by dependent system failure.

Criminal Proceedings

Claims presented in the form of criminal proceedings, including illegal actions, investigations, or grand jury proceedings, may not be covered by your policy.

Intentional Acts

Instances of fraud, criminal conduct, or knowingly wrongful acts committed by you or your employees may be excluded from coverage.

Prior Acts or Knowledge

Claims for incidents you were aware of before the commencement of your coverage might not be covered under the policy.

Subsidiaries Beyond Your Control

Incidents experienced by a subsidiary that lacks majority ownership or management control may fall outside your policy’s coverage.

Understanding these exclusions is crucial to ensure that you comprehensively understand the limitations of your cyber liability insurance coverage. Regularly reviewing and updating your policy can help you stay informed and adequately protected against potential cyber risks.

How to protect manufacturers from cyberattacks?

Dealing with data breaches is costly and can be a protracted process. According to a joint study conducted by IBM,  the average time for resolution is approximately 241 days when a breach is internally discovered. If a hacker is responsible for the disclosure, the resolution period extends to 320 days. Interestingly, the study reveals that the affected organization’s staff identifies only one-third of breaches.

A cyber liability insurance policy proves invaluable in mitigating the financial impact and streamlining the resolution process. This coverage can assist in covering expenses related to:

Mandatory Notification of Affected Parties

Ensuring compliance with legal obligations by covering the costs associated with notifying parties affected by the breach.

Investigating and Fixing Security Flaws

Supporting the investigation and rectification of security vulnerabilities that led to the breach.

Several Years of Credit Monitoring Services for Affected Customers

Providing credit monitoring services for affected customers over an extended period to safeguard against potential identity theft.

Loss of Business Opportunities

Compensating for the loss of business opportunities that may arise due to the aftermath of the data breach.

Protect Your Business – Act Now!

Don’t wait for a cyber threat to strike. Take proactive steps today to secure your business against data breaches. Invest in cybersecurity measures that will safeguard your assets and fortify your business for the challenges of tomorrow.

Secure your business’ digital future – because prevention is your best defense against data breaches. Contact us now!