Identity Theft Liability Coverage Question
My insured accepts credit cards as payment. How do I get liability coverage for identity theft?
New York Subscriber
Traditional standard property and CGL insurance covering tangible property does not adequately address cyber risks such as you the one you described.
The type of liability policy you would want to look for will be called e-commerce”, cyber liability or “internet liability” or something in that same vein. These policies can usually be underwritten on either a package or a stand-alone basis, depending on the companys size. Stand-alone programs for larger risks are available on a modular or menu-driven framework and are generally tailored to the companys specific exposures. Cyber liability programs generally cover both first-party and third-party liability, including Errors and Omissions.
Keep in mind that coverage for security breaches and identity theft can vary considerably from one company's internet liability form to the next. Many provide no coverage or only partial coverage in their base forms for what is often referred to as unauthorized access, unauthorized use and associated coverages. It is often recommended by cyber risk experts that a policy specifically state that it covers identity theft and/or credit card fraud, or that the policy at least grants coverage for negligence generally in the performance of insured services and not contain any applicable exclusion.

