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COMPTEL PLUS Fall 2015 Business Expo

COMPTELPlus

|

Monday, October 19, 2015

Beka Publishing,

www.bekapublishing.com

34

DAY 1

C

yber-risk continues to escalate, and service

providers and other businesses utilizing

technology to produce and deliver products

and services need to recognize and take precautions

against the unique business risks that this presents.

Specifically, companies should consider taking

on technology professional liability coverage,

also referred to cyber-liability coverage, which

addresses a lack of protection in commercial

general liability policies. General liability typically

doesn’t cover claims of third-party financial harm.

“Cyber-threats are real, growing in both number

and sophistication,” said Joe Weipert, vice presi-

dent of UNITEL, a COMPTEL partner. Weipert, who

will speak at the Networks Platform on Tuesday

at 1 p.m. at the conference, added, “There is an

increased potential for errors and omissions, copy-

right or trademark infringement, and breaches of

private information.”

He noted that “technology businesses today

are driven by data. With that comes the profound

responsibility to protect customers’ private infor-

mation, to prevent the inadvertent transmission

of computer viruses and to ensure that authorized

users are able to securely access your website or

computer network. The theft or misuse of private or

confidential customer information occurs daily.”

Any communications company engaged in

providing computer services, Internet services or

those companies using the Internet in its everyday

course of business can use cyber-liability coverage.

It protects businesses in the event that a third

party suffers a financial loss due to one’s product

or service not performing as it was intended or

expected, including the event of an error or omis-

sion. These policies also cover defense costs in the

event of litigation.

For instance, if a mistake were made and an

error made it into the code of a website or program

one’s company produced, and it isn’t found before

it is implemented hackers could exploit that to gain

access to corporate networks. If a third party depends

on this product or service to operate its business and

its operations are stalled due to a hack, causing them

a financial loss, they have grounds to litigate.

Commercial general liability coverage would not

cover a claim or any costs of litigation because of

the presence of an error.

Weipert added that cyber-liability policies

usually exclude product recall, but some will accept

damages for loss of use of a failed product. They

also generally exclude non-financial losses and

intentional or dishonest acts.

“A lot can be done to reduce or eliminate expo-

sures through better understanding of the cover-

age’s you currently have and do not have,” he said.

“Not all exposures require an insurance policy to

control or avoid a loss. Contracts can also have a

dramatic impact on your exposure to liability as a

result of the acceptance or transfer of risk. However,

some exposures are best solved by a technology

errors and omissions policy (cyber-liability).”

It is also essential to conduct a risk analysis to

identify what exposures exist in the first place.

“Purchasing a cyber-liability policy may not

meet your needs at all,” saidWeipert. “In fact,

without a thorough analysis of risk and coverage,

you may end up buying a cyber-liability policy that

only partially meets your needs.”

o

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