Recent Trends and Insurance Considerations March 2015

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Presentation transcript:

Recent Trends and Insurance Considerations March 2015 www.pwc.com Cyber Risk Recent Trends and Insurance Considerations March 2015

18/03/2015 – Cyber Risk – Recent Trends and Insurance Considerations March 2015

18/03/2015 – Cyber Risk – Recent Trends and Insurance Considerations March 2015

18/03/2015 – Cyber Risk – Recent Trends and Insurance Considerations March 2015

18/03/2015 – Cyber Risk – Recent Trends and Insurance Considerations March 2015

18/03/2015 – Cyber Risk – Recent Trends and Insurance Considerations March 2015

Agenda Claims Handling Considerations Notable Cyber Attacks 18/03/2015 Agenda Notable Cyber Attacks Regulatory Responses to Attacks Cyber Insurance Claims Handling Considerations Lessons Learned Cyber Risk – Recent Trends and Insurance Considerations March 2015

Section 1 Notable Cyber Attacks Cyber Risk - – Recent Trends and Insurance Considerations March 2015

mafiaboy 18/03/2015 Notable Cyber Attacks Cyber Risk – Recent Trends and Insurance Considerations March 2015

Sony Playstation Data Breach 18/03/2015 Notable Cyber Attacks Sony Playstation Data Breach Kristopher Johns et al (Plaintiff) Class Action vs Sony Computer Electronic Entertainment America LLP et al (Defendant) Cyber Risk – Recent Trends and Insurance Considerations March 2015

New York Times Website Attack 18/03/2015 Notable Cyber Attacks New York Times Website Attack Cyber Risk – Recent Trends and Insurance Considerations March 2015

Target Cyber Attack 18/03/2015 Notable Cyber Attacks Cyber Risk – Recent Trends and Insurance Considerations March 2015

Sony pictures Attack 18/03/2015 Notable Cyber Attacks Cyber Risk – Recent Trends and Insurance Considerations March 2015

Anthem data breach 18/03/2015 Notable Cyber Attacks Cyber Risk – Recent Trends and Insurance Considerations March 2015

Cisco 2014 Annual Security Report 18/03/2015 Notable Cyber Attacks Cisco 2014 Annual Security Report Cyber Risk – Recent Trends and Insurance Considerations Cyber Risk March 2015

Regulatory Responses to Cyber Attacks Section 2 Regulatory Responses to Cyber Attacks Cyber Risk – Recent Trends and Insurance Considerations March 2015

Regulatory Responses to Cyber Attacks 18/03/2015 Regulatory Responses to Cyber Attacks Cyber Risk – Recent Trends and Insurance Considerations March 2015

NIST Cybersecurity Framework 18/03/2015 Regulatory Responses to Cyber Attacks NIST Cybersecurity Framework Cyber Risk – Recent Trends and Insurance Considerations March 2015

Federal and state regulations 18/03/2015 Regulatory Responses to Cyber Attacks Federal and state regulations Cyber Risk – Recent Trends and Insurance Considerations March 2015

Federal and state regulations 18/03/2015 Regulatory Responses to Cyber Attacks Federal and state regulations Cyber Risk – Recent Trends and Insurance Considerations March 2015

Section 3 Cyber Insurance Cyber Risk – Recent Trends and Insurance Considerations March 2015

Cyber Insurance 18/03/2015 Cyber Insurance Cyber Risk – Recent Trends and Insurance Considerations March 2015

New Data Breach Exclusions & Endorsements 18/03/2015 Cyber Insurance Cyber Insurance This insurance does not apply to: Access Or Disclosure Of Confidential Or Personal Information “Personal and advertising injury” arising out of any access to or disclosure of any person’s or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of non public information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. New Data Breach Exclusions & Endorsements Cyber Risk – Recent Trends and Insurance Considerations March 2015

Notable Coverage Decisions Notable Coverage Decisions 18/03/2015 Cyber Insurance Cyber Insurance Notable Coverage Decisions Notable Coverage Decisions Cyber Risk – Recent Trends and Insurance Considerations March 2015

Cyber Insurance What about D&O 18/03/2015 Cyber Insurance Cyber Risk – Recent Trends and Insurance Considerations March 2015

Cyber Insurance What about D&O… Maybe?? 18/03/2015 Cyber Insurance Cyber Risk – Recent Trends and Insurance Considerations March 2015

Cyber Insurance Cyber Risk Policies 18/03/2015 Cyber Insurance Cyber Risk – Recent Trends and Insurance Considerations March 2015

Cyber Liability – First Party Policies 18/03/2015 Cyber Insurance Cyber Insurance Cyber Liability – First Party Policies Cyber Risk – Recent Trends and Insurance Considerations March 2015

Cyber Liability – Third Party Policies 18/03/2015 Cyber Insurance Cyber Insurance Cyber Liability – Third Party Policies Cyber Risk – Recent Trends and Insurance Considerations March 2015

Cyber Insurance Cyber Risk Policies 18/03/2015 Cyber Insurance Cyber Risk – Recent Trends and Insurance Considerations March 2015

Claim Handling Consideration Section 4 Claim Handling Consideration Cyber Risk - Recent Trends and Insurance Considerations March 2015

Cyber Insurance Beware of Clouds 18/03/2015 Claim Handling Considerations Cyber Insurance Beware of Clouds Cyber Risk – Recent Trends and Insurance Considerations March 2015

Cyber Insurance Future Trends 18/03/2015 Claim Handling Considerations Cyber Risk – Recent Trends and Insurance Considerations March 2015

Section 5 Lessons Learned Cyber Risk - Recent Trends and Insurance Considerations March 2015

Claims Handling Considerations 18/03/2015 Lessons Learned Notable Cyber Attacks Regulatory Responses to Attacks Cyber Insurance Claims Handling Considerations Cyber Risk – Recent Trends and Insurance Considerations March 2015

18/03/2015 Lessons Learned Cyber Risk – Recent Trends and Insurance Considerations March 2015

Thank You This publication has been prepared for general guidance on matters of interest only, and does not constitute professional advice. You should not act upon the information contained in this publication without obtaining specific professional advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this publication, and, to the extent permitted by law, PricewaterhouseCoopers LLP, its members, employees and agents do not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining to act, in reliance on the information contained in this publication or for any decision based on it. © 2015 PricewaterhouseCoopers LLP. All rights reserved. In this document, “PwC” refers to PricewaterhouseCoopers LLP which is a member firm of PricewaterhouseCoopers International Limited, each member firm of which is a separate legal entity.