Johnson & Associates Thought They Were Fully Insured... The Policy Exclusion Proved Otherwise.
Most Cyber Liability policyholders never realize how specific policy language can affect their policies — until they learn how it can affect a claim. My Policy Advocate™ helps you understand your coverage before you need it.
Johnson & Associates’ Failure to Maintain*
Johnson & Associates CPAs suffered a $180,000 ransomware attack. The breach was traced to a months-old, unpatched Microsoft Exchange vulnerability. The insurer denied the claim, citing the “Failure to Maintain” exclusion, as the insurance application required patches be maintained within 30 days.
Potential Denial (The Exclusion):
Policies often include a “Failure to Maintain” exclusion, making coverage conditional upon the insured’s active compliance with security protocols and timely application of critical patches.
Risk Identified by My Policy Advocate:
US “failure to maintain” security and patch compliance requirements.
Policy Language:
“Coverage is conditional upon your duty to maintain reasonable and up-to-date security practices, including timely application of security patches.”
Discovery by Clara, our Ai Assistant:
Clara highlights the need for proof of patch management and security adherence, which is a common defense for insurers to deny cyber claims.
Questions to Ask Your Agent:
- What evidence or logs are required to prove patch management?
- Who is responsible under US cyber law and your insurer’s requirements?
* This scenario described is fictious and is solely for illustrative or educational purposes so the insured has the opportunity to discuss these issues with their licensed insurance producer.
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