Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Recent CyberSecurity Incidents Emphasize Importance of Cyberinsurance

By Kirk S. Davis & Gerald M. Del Amo on October 27, 2016
Email this postTweet this postLike this postShare this post on LinkedIn

As the threat of cyberattacks continues to pose daily threats to businesses large and small, more companies have turned to cyber insurance products to shore up protection against these disruptive threats. A spate of recent incidents has highlighted the importance of taking steps to prepare for and mitigate possible damages. As such, healthcare entities have begun exploring Cyberinsurance as a method of aiding in better securing company data, as well as financial security.

Cyberattacks may take several different forms and inflict various types of damages. Most commonly, hackers have managed to access consumer private information or protected health information (PHI) from companies.  National retailers have recently been victimized by massive customer data breaches. Similarly, the health care sector has seen several entities fall victim to this type of cyberattack.

Ransomware, wherein hackers implant a virus/malware into an entity’s network blocking access to patient information, has begun to occur with more frequency as well. Hackers then demand a ransom payment in order to remove the virus/malware from company systems. MedStar Health, a 10-hospital system in the Maryland region, as well as Hollywood Presbyterian Medical Center, in California, both recently had to contend with Ransomware attacks.

In an alarming trend, hacker cyberattacks have spread to more than just data theft or ransomware. Johnson & Johnson recently issued a warning to users of an insulin pump that the device may be vulnerable to cybersecurity attacks. Horrifically, such attacks could result in a hacker infusing incorrect doses of the diabetes medications without the user’s consent, furthering an alarming trend of thousands of medical devices—dialysis machines, ventilators, medication dispensers, and patient monitors—being susceptible to data/privacy breaches, unauthorized access, and potentially life-threatening malfunctions.

Cybersecurity threats have become a nefarious fact of life for those in the healthcare industry. While no amount of security or diligence can completely eliminate the threats, the industry must work to manage the threats and mitigate their risks. Cyberinsurance is one option for these entities. Cyberinsurance policies are often packaged with risk monitoring and management programs and certain other benefits, such as security risk assessments and access to data breach response experts, to assist in shoring up an entity’s exposure. These resources are especially valuable for small to mid-size companies, which might lack the internal capabilities to prepare for and protect against the attacks.

Cyberinsurance policies are relatively new, so companies must conduct thorough due diligence and carefully select products that address specific business and insurance needs. Below is a sample list of considerations for selecting cyberinsurance policies:

  • Determine desired scope of coverage—a broad policy might cover both data or access breach incidents and business interruption.
  •  Ensure policy matches size, business model, and potential exposure, including retroactive dates if necessary.
  •  Minimize gaps between specialty cyber policies and traditional lines of coverage, including commercial general liability and directors and officers insurance.

For any questions about this blog, please contact the authors.

 

Photo of Kirk S. Davis Kirk S. Davis

An accomplished litigator, Kirk Davis represents hospitals and health systems in complex regulatory compliance issues and disputes with a focus on medical malpractice and peer review hearings. Kirk has decades of experience in the peer review process and has been involved in all…

An accomplished litigator, Kirk Davis represents hospitals and health systems in complex regulatory compliance issues and disputes with a focus on medical malpractice and peer review hearings. Kirk has decades of experience in the peer review process and has been involved in all aspects of hearings, from prosecuting physicians to defending medical staff and serving as a hearing officer. He helps hospitals comply with federal and state laws by recommending peer review best practices and procedures. In addition to his work on medical malpractice matters, Kirk handles disputes between physicians in private practices and effectively resolves contentious medical practice dissolution through alternative dispute resolution. Kirk has served as an arbitrator in various healthcare-related matters and is a sought after speaker on health law topics. He is Board Certified in Health Law by The Florida Bar and recognized by Chambers USA as a leading lawyer in healthcare.

Read more about Kirk S. DavisEmail
Show more Show less
Gerald M. Del Amo

Jerry Del Amo is an associate in the Healthcare Practice Group. Jerry focuses his practice on healthcare regulatory compliance, transactional and business issues affecting healthcare providers. Jerry has experience handling physician and referral-source contracting issues including negotiating and finalizing contracts for physician employment…

Jerry Del Amo is an associate in the Healthcare Practice Group. Jerry focuses his practice on healthcare regulatory compliance, transactional and business issues affecting healthcare providers. Jerry has experience handling physician and referral-source contracting issues including negotiating and finalizing contracts for physician employment, various physician services, and physician practice/asset acquisitions. He has counseled clients on equipment and real estate transactions, including structuring physician and non-physician leases and timeshares, and resolving disputes arising from same. Jerry routinely counsels his clients on compliance matters. An experienced litigator, Jerry also works closely with his clients to minimize legal exposure and mitigate the risk of litigation.

Read more about Gerald M. Del AmoEmail
Show more Show less
  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Health Law Rx
  • Organization:
    Akerman LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo