National Cyber Practice Leader
- Cambridge, MD
Have you heard the term "COVID year"? It's the perception that one year lived during the COVID-19 pandemic feels like three years of life under more normal circumstances. The inconveniences introduced into our daily routines, sense of loss, worries about exposure, over-consumption of news related to the topic and general mental fatigue leads to the feeling that over the last two years, we feel like we've lived through six.
That's kind of what the last quarter felt like in the cyber insurance marketplace.
This market remains in a state of perpetual motion. You know things are chaotic when we can condense what would previously have been nearly a year of developments into a quarterly update. But such is the state of play in January of 2022.
Because so much transpired in the last three months, it's helpful to break down this update into four sections: Risk Environment, Carrier Developments, Regulatory Landscape and WIIFMC ("What's In it for My Clients").
Q4 of 2021 showed no signs of slowdown in data breach, system failure or ransomware events. On the heels of the year's earlier widely reported events affecting the fuel supply along the East Coast, a major IT management software provider and a global IT consulting firm, Halloween was preceded with news of the nation's largest candy corn manufacturer suffering a ransomware attack. Cyber incidents were relatively indiscriminate on industry, stretching from media conglomerates like to utilities suppliers – even a workforce management provider reported widespread implications of the attack it suffered on customers' ability to receive their paychecks in a timely manner.
There aren't many things that will get people's attention more than messing with their favorite Halloween candy in October or their paycheck in, well, ever. Q4 2021 managed to accomplish both.
Reports in early December of outages at a major web services provider had a cascading effect on prominent websites across the world. And 2021's parting gift – the techy term nobody outside of IT circles knew before, but everyone has been talking about since – Log4J1– sent reverberations through the cyber underwriting community with even more voracity than the named aggregate risk concerns that preceded this exploit. We have seen everything from ambivalence to knee-jerk, draconian reactions in the underwriting community, specific to Log4J. These are discussed more in "Carrier Developments" below.
The good news is that we are witnessing great work from certain insurers in creating and deploying tools to effectively assess the true risk of this exploit and make meaningful real-time decisions to help their clients minimize risk. Insurtechs in particular are seeming to shine here. We see this as another example of how the insurance community is playing a pivotal role in cyber risk management – in stark contrast to allegations that the industry is contributing to the enablement of the ransomware epidemic.
The fourth quarter brought the proliferation of the COVID-19 Omicron variant, and with it, the pause button on the rush to get America's workers back into the office on a more regular basis. Remote working has been directly tied to significant increases in ransomware attacks, cited by the Ransomware Task Force2.
The theme here is that the cybercrime community is alive and well, organizations of all shapes and sizes are vulnerable, and yes, these attacks will continue to bring new ways of disrupting our everyday lives the more reliant we are on 24x7 access to information, currency, goods and services.The most ubiquitous elements of our society–energy, water, healthcare, education, manufacturing, commerce and government–all are in the crosshairs of attacks.
Ransomware attacks, Ransomware as a Service (RaaS), double extortion (where demands are made for access to decrypted data and the threat of release of confidential information and/or threat of a Distributed Denial of Service (DDoS) attack), triple extortion (add the threat of attacks against victims' customers to double extortion), Business Email Compromise and Social Engineering remain the most common claims we see, in addition to the hacking and malware attacks that lead to general data breaches.
How do we see this ever-expanding risk environment affecting the cyber insurance market? Below, we will view this through the lens of developments we are seeing among our insurance carrier partners, as well as what we feel is in store for insureds looking to obtain coverage in the New Year.
Remember, in the grand scheme of insurance coverages, cyber is still relatively young and is being forced to mature at warp speed. As a result, we continue to see significant developments in how policies are underwritten, structured and priced.
For instance, in response to concerns about systemic or aggregate risk events – situations where the likelihood of a single security event simultaneously affecting large numbers of cyber insurance policyholders is high – carriers are asking more questions about vendor management, single-source suppliers, business continuity planning and reliance on cloud-based applications and infrastructure.
The fourth quarter of 2021 saw significant capacity restrictions in the London market. The combination of increased demand for coverage and significantly higher premiums caused some to literally run out of product to sell.
The "good ol' days" of 2018-2019 brought great expansions in the cyber insurance market for business interruption coverage triggers that extended to IT vendors, and even non-IT suppliers. Now, we are seeing a retraction in this area. Underwriters are more concerned about exposure to networks and systems whose controls they cannot underwrite. The fear of paying large numbers of claims across an entire book that stem from a common event is the "hurricane" that the industry needs to avoid. Highly publicized attacks against the nation's supply chain in 2021 fueled this increased concern about systemic risk. As a result, the once-generous coverage grants in this B.I. area are being excluded completely by some carriers, or, at a minimum, significantly sub-limited by others.
While some reports indicate that the frequency and severity of ransomware claims continued to decrease in Q4, the fact remains that we continue to see a lot of expensive claims activity in this space among our network of carrier partners. In response, we continue to see the following measures taken as a means of solidifying loss ratios for stand-alone cyber insurance:
It is important to recognize certain industry-specific underwriting developments, as we prepare for renewals in 2022.
In September, 2021, the Treasury Department's Office of Foreign Assets Control (OFAC) released an Updated Advisory3 regarding sanctions risks associated with "ransomware payments related to malicious cyber-enabled activities." This Updated Advisory went beyond its advisory released a year4 prior by targeting not only organizations who have fallen victim to ransomware attacks, but also those links in the chain who facilitate payments to bad actors, including insurance companies, financial institutions and IT forensics and incident-response firms. As a result, greater scrutiny is occurring at every level of the ransomware claims process to ensure that all parties are in compliance with the federal law.
In October, United States Senator Elizabeth Warren (D-Mass.) and Representative Deborah Ross (D-N.C.) introduced a bill to require disclosures of ransomware payments within 48 hours. Additionally, the bill requires the Department of Homeland Security to make public the information disclosed during the previous year (anonymizing the named entities that paid the ransoms), the establishment of a website through which individuals can voluntarily report payment of ransoms and directs the Secretary of DHS to conduct a study on the "commonalities among ransomware attacks and the extent to which cryptocurrency facilitated these attacks and provide recommendations for protecting information systems and strengthening cybersecurity." The bill is one of several under consideration in Congress, related to reporting rules for federal contractors, critical infrastructure owners and others to report security breaches in a more expedient fashion.
In December, the New York Department of Financial Services (NYDFS) released a Guidance on Multi-Factor Authentication. In the Guidance5, they state "Lack of effective MFA has been the most frequently exploited cybersecurity gap in the Cybersecurity Events reported to the Department. Approximately 64% of Covered Entities that reported Cybersecurity Events from January 2020 to July 2021 had some gap in their MFA. In some cases MFA was completely absent; in others it was not enabled, misconfigured, only partially implemented, or pending implementation." This development further supports the trend among insurance carriers who require that MFA for remote access to systems as it is among the most significant preventative measures an organization can implement to help avoid ransomware attacks.
In the coming months, we expect to see more states move to enact legislation designed to prevent security breaches, include notification requirements and even place restrictions on the payment of ransoms by state and local governments. Pennsylvania was recently among the first to address this in legislation passed January 19, 2022.6
With so much change, so fast, what does this mean for insureds seeking cyber insurance coverage?We feel it is very important to consider the following as you prepare for continually evolving cyber market in 2022:
Understanding that cyber resilience is a constantly evolving process, and the goal posts are constantly moving, we can offer some guidance on some of the baseline standards cyber insurance markets are looking for in 2022. This is by no means an exhaustive list, nor does it constitute IT advice, but having a basic understanding of these items will go a long way towards satisfying underwriting requirements in today's market.
As we continue this ride into 2022, RPS is in a unique position to help our retail brokers navigate this changing marketplace. With exclusive access to carrier forms, proprietary coverage analysis capabilities, claims advocacy, and a team of more than 100 members to help market and place cyber coverage on an open brokerage basis, we are ready to help our retail agents come through for their clients. In the fourth quarter, we were pleased to begin work with a long-standing partner in a new way, with an admitted cyber product (CFC) to our industry-leading rate/bind/issue ecommerce platform at RPSSmallBusiness.com. We recognize the challenges in the current environment but embrace them as opportunities to show our agents what RPS is all about – your partner in what's possible.
1"The Log4J Vulnerability Will Haunt the Internet for Years" Lily Hay Newman, Wired Magazine, December 13, 2021
2 "Combating Ransomware – A Comprehensive Framework for Action: Key Recommendations from the Ransomware Task Force" Institute for Security and Technology
3 ofac_ransomware_advisory.pdf (treasury.gov) United States Department of the Treasury Updated Advisory on Potential Sanctions Risks for Facilitating Ransomware Payments, September 21, 2021
4 ofac_ransomware_advisory_10012020_1.pdf (treasury.gov)United States Department of the Treasury Advisory on Potential Sanctions Risks for Facilitating Ransomware Payments, October 1, 2020
5 Industry Letter - December 7, 2021: Guidance on Multi-Factor Authentication | Department of Financial Services (ny.gov) New York Department of Financial Services, December 7, 2021
6 Pennsylvania Senate Passes Ransomware, Data Breach Bills (insurancejournal.com) January 21, 2022