Page 15 - 2016 State of the Market from AmWINS
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FEATURED TREND: CYBER LIABILITY

As buyer demand grows, specialization in cyber is essential

Last year, hacking incidents reached a        example, lawyers have a professional          headlines where the insured sued their
nine-year high.5 Healthcare remains the       obligation to maintain confidentiality        brokers because they were sold a policy
most threatened sector, with nearly 90        of personal information. Is a “breach”        that didn’t provide the coverage they
percent of organizations experiencing         considered a professional liability error or  expected,” says Roddy Graham, managing
breaches in the last two years, followed by   a privacy breach? Similarly, technology       director of the financial lines division of
retail, government, education, and financial  consultants may perform work that             THB Group in London.
services.6                                    inadvertently triggers the release of
                                              confidential information. Is this considered  Brokers also need to take care to
A constant stream of headlines around         a professional error or a security liability  coordinate cyber coverage with other
cyber breaches continues to turn cyber-       issue?                                        forms, such as crime. “We have seen
browsers into buyers across these                                                           several disputed claims involving social
sectors. With more than 70 carriers           “In these instances, it may make more         engineering, and we are placing separate
currently offering coverage, the trend in     sense to combine the two lines of             crime policies to ensure those types of
purchasing has been toward standalone         coverage to avoid coverage gaps or            claims are fully covered,” Graham says.
coverage forms.                               discrepancies between different insurance
                                              policies, as long as you aren’t limiting      Interest in cyber coverage will continue to
“Carriers continue to try to add cyber to     the scope of coverage available from          grow, even among small business owners
forms in the E&O and D&O space, but the       either type of standalone coverage,” says     who until recently didn’t view themselves
challenge is that there is so much capacity   David Lewison, senior vice president and      as targets for cyber criminals.
for standalone cyber it’s often better for    national professional lines practice leader
the insured to seek a more robust policy,”    at AmWINS Group, Inc.                         Forty-eight states have privacy and data
says Andrew Pritchard, executive vice                                                       breach laws, in addition to the numerous
president and professional lines broker at    Since there are no industry standards         federal laws. Cyber threats are constantly
AmWINS Brokerage in Bernardsville, New        for cyber forms, the rule is buyer – or       evolving and, along with providing brokers
Jersey.                                       broker – beware. “The line is becoming        access to a robust E&S market, AmWINS
                                              slightly more standardized, but there are     has been developing proprietary products
There are certain industries where            still significant differences in the space.   for this increasingly important line of
the cyber risk and E&O risk blur. For         Over the last year, we have seen several      business.

5, 6 Identity Theft Resource Center
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