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This article explores the emergence of cyber insurance in the 21st century, contrasting traditional policies that cover tangible damages like fire and theft with the need for specialized coverage for data-related issues. High-profile legal precedents have driven the development of cyber insurance, filling gaps left by traditional policies. However, challenges such as market inefficiencies, asymmetric information, mono-cultures, and moral hazard persist, affecting pricing, regulatory oversight, and claim processes in cyber insurance. The lack of standards and the prevalence of mono-culture risks in the IT industry highlight the complexity and evolving nature of cyber insurance.
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cs5493(7493) Cyber Insurance
AKA • E-commerce insurance • E-business insurance • Information system insurance • Network intrusion insurance
Brave New World • New field of insurance, policies begin appearing at the beginning of the 21st century.
Old vs New • What do traditional insurance policies cover?
Traditional Policies • Traditional insurance policies do handle tangible loss and damage claims due to • Fire
Traditional Policies • Traditional insurance policies do handle tangible loss and damage claims due to • Fire • Flood
Traditional Policies • Traditional insurance policies do handle tangible loss and damage claims due to • Fire • Flood • Theft
Traditional Policies • Traditional insurance policies do handle tangible loss and damage claims due to • Fire • Flood • Theft • Other natural disasters.
Traditional Policies • Traditional insurance policies do handle tangible loss and damage claims due to • Fire • Flood • Theft • Other natural disasters • Liability claims.
Traditional Policies • Traditional policies would not cover financial losses related to lost data. • Data losses are not covered for DoS or mal-ware attacks.
Traditional Policies: Data Loss Claims • For that distinction you can thank American Guarantee & Liability Insurance Co. vs. Ingram Micro Inc., a U.S. District Court ruling in Arizona in 2000. The court said that a computer outage caused by a power problem constituted physical damage within the meaning of the policy Ingram Micro had purchased from American Guarantee. • "After that, the insurance firms changed their policies to state that data is not considered tangible property,“ (Kalinich) • The upshot is that an enterprise needs special cyber insurance to cover data-related issues.
Legal Precedence • High profile cases against the insurer will cause all insurers to change their policy offerings.
Cyber-Insurance • The gap left by traditional policies created a market for cyber-insurance. • Example: traditional policies do not cover: • Data loss from malware (AGLI vs Ingram Micro) • Revenue loss from DoS attacks
Cyber Insurance Challenges • Insurance market inefficiencies
Cyber Insurance Challenges • Insurance market inefficiencies • Asymmetric information
Cyber Insurance Challenges • Insurance market inefficiencies • Asymmetric information • Mono-cultures
Cyber Insurance Challenges • Insurance market inefficiencies • Asymmetric information • Mono-cultures • Moral hazard
Cyber Insurance Inefficiencies • New field of insurance, policies begin appearing at the beginning of the 21st century. • Not much data for actuaries to determine the risks
Cyber Insurance Inefficiencies • New field of insurance, policies begin appearing at the beginning of the 21st century. • Not much data for actuaries to determine the risks • Prices of policies vary greatly from one product offering to the next.
Cyber Insurance Inefficiencies • New field of insurance, policies begin appearing at the beginning of the 21st century. • Not much data for actuaries to determine the risks • Prices of policies vary greatly from one product offering to the next. • Insurance regulators have little guidance for monitoring cyber-insurance policies.
Cyber Insurance Inefficiencies • Insurers face a small market for reinsurance available for cyber-policies
Reinsurance • Insurance carriers can purchase insurance to spread their risk to other firms.
Claims • Signs of an immature product offering: • Early claims made under cyber-polices were contentious (ended up in court) • Court disputes were not consistent due to lack of precedence.
Lack of Standards • There are no standard products, insurers are creating polices on a case-by-case basis. • There are no standard products for insurance regulators to examine (Caveat emptor)
Asymmetric Information • If a firm purchases a $25-million dollar policy, they must have a good reason to do so. (is it in the best interest for the insurer to offer such a policy?)
Mono-culture Risk • An insurance company must have a diverse base to reduce the possibility of being overwhelmed by a single event generating too many claims.
Mono-Culture Risk • The interdependency and correlation of risk to insurers impose a high probability of excessive losses. • Insurers need a diverse and large policyholder base.
Cyber Insurance Mono-Cultures • The IT industry carries the risk of installed system mono-cultures: • Millions of systems run MS Windows and all could be vulnerable to the same attack.
Cyber Insurance Mono-Cultures • The IT industry carries the risk of installed system mono-cultures: • Millions of systems run MS Windows and all could be vulnerable to the same attack. • Some attacks carry a high probability of excessive payouts by the insurers.
Moral Hazard • Under full insurance, the insured has little incentive to undertake precautionary measures because losses are compensated.
Moral Hazard • Insurance company have strategies to reduce their moral hazard risk.
Moral Hazard • Ways to mitigate moral hazard: • Impose claim limits
Moral Hazard • Ways to mitigate moral hazard: • Impose claim limits • Deductible requirement on claims
Moral Hazard • Ways to mitigate moral hazard: • Impose claim limits • Deductible requirement on claims • Claims have a monetary convenience cost
Moral Hazard • Ways to mitigate moral hazard: • Impose claim limits • Deductible requirement on claims • Claims have a monetary convenience cost • Increase premium rates to the insured
Moral Hazard • Ways to mitigate moral hazard: • Impose claim limits • Deductible requirement on claims • Claims have a monetary convenience cost • Increase premium rates to the insured • Fraudulent claims and criminal behavior of the insured are not covered.
Moral Hazard • Ways to mitigate moral hazard: • Impose claim limits • Deductible requirement on claims • Claims have a monetary convenience cost • Increase premium rates to the insured • Fraudulent claims and criminal behavior of the insured are not covered. • Policyholder must meet a standard of care
Moral Hazard • Ways to mitigate moral hazard: • Impose claim limits • Deductible requirement on claims • Claims have a monetary convenience cost • Increase premium rates to the insured • Fraudulent claims and criminal behavior of the insured are not covered. • Policyholder must meet a standard of care • Contracts must be renewed annually, the insurer can terminate the relationship
Standard of Care Requirements • The insurers are making standard of care requirements mandatory for cyber-insurance coverage.
Standard of Care Requirements • Data backup and procedures
Standard of Care Requirements • Data backup and procedures • Data backup storage
Standard of Care Requirements • Data backup and procedures • Data backup storage • Network Firewalls
Standard of Care Requirements • Data backup and procedures • Data backup storage • Network Firewalls • Security software – (i.e. anti-malware)
Standard of Care Requirements • Data backup and procedures • Data backup storage • Network Firewalls • Security software – (i.e. anti-malware) • Well defined security plan
Standard of Care Requirements • Data backup and procedures • Data backup storage • Network Firewalls • Security software – (i.e. anti-malware) • Well defined security plan • Password management
Standard of Care Requirements • Data backup and procedures • Data backup storage • Network Firewalls • Security software – (i.e. anti-malware) • Well defined security plan • Password management • Employee security awareness training
Standard of Care Requirements • Data backup and procedures • Data backup storage • Network Firewalls • Security software – (i.e. anti-malware) • Well defined security plan • Password management • Employee security awareness training • Software updates/patches
Standard of Care Requirements • Standard configurations
Standard of Care Requirements • Standard configurations • Encryption
Standard of Care Requirements • Standard configurations • Encryption • Vulnerability monitoring