SCENARIO: During a recent meeting with a large commercial client, a few business executives approached me with a real concern regarding the dissemination of their personal and confidential data to a variety of vendors they were doing business with. This particular client was in the midst of re-financing real estate holdings and securing cash to fund other strategic business units. In the course of dealing with governmental agencies and a slew of lending institutions, a few of the higher-level executives were asked to provide some very personal and confidential information; i.e. Birth Dates, Drivers License #’s, Social Security #’s, etc. There concern was the misappropriation of such information which could subsequently result in substantial financial loss.
While the organization had procured Identity Theft Insurance Protection on its own behalf, it would not have responded in this particular scenario given that it was a 1st party loss. Organizational Cyber & Data Security Insurance protection usually only responds in the event of a client, customer or vendor’s (3rd party) loss.
POTENTIAL SOLUTIONS: (1) Request that the respective banking institutions and governmental agencies provide full indemnity visa-vi a contract in the event of such misappropriation or mis-use of confidential client records. It is highly-unlikely that these institutions would provide such indemnity but even in the instance where they did, litigating with them to prove that the loss was a result of their negligence would become extremely costly.
(2) See that your personal insurance policy provides Identity Theft Protection. This form of coverage is usually automatically included to some degree on the higher-end policies crafted for the high-net worth community. Carriers like ACE, Chartis, Chubb, Firemen’s Fund, Travelers, etc. offer this coverage automatically as an added benefit. Such coverage would include:
Identity fraud expenses:
(a) Costs for notarizing affidavits or similar documents for law enforcement agencies, financial institutions, credit grantors, credit agencies, credit bureaus or similar organizations;
(b) Costs for certified mail to law enforcement agencies, financial institutions, credit grantors, credit agencies, credit bureaus or similar organizations;
(c) Costs for telephone calls to merchants, businesses, law enforcement agencies, financial institutions, credit grantors, credit agencies, credit bureaus or similar organizations;
(d) Loan application fees for reapplying for a loan or loans when the original loan application was rejected because the lender obtained incorrect credit information;
(e) Lost income of an insured person resulting from time taken off work to complete fraud affidavits, meet with or talk to law enforcement agencies, credit agencies and/or legal counsel; and
(f) Reasonable attorney fees incurred by an insured person as a result of identity fraud for the following, but only with prior notice and approval given by us:
i. Defend lawsuits brought against an insured person by merchants, financial institutions or their collection agencies;
ii. Remove any criminal or civil judgments wrongly entered against an insured person; and
iii. Challenge the accuracy or completeness of any information in a consumer credit report.
Some insurance companies will pay up to $100,000 for identity fraud expenses that are reasonably and necessarily incurred by an insured person as the direct result of identity fraud and $10,000 as a result of unauthorized credit card use, Electronic Fund Transfers, forgery, etc.
SUMMATION: Whether in your day to day business dealings or everyday life, Identity Theft and Data Security is a real risk that we are all faced with and shouldn’t be ignored. Call us today and allow us to review your personal policies in order to determine if you are covered appropriately. We have had quite a bit of success saving our clients money as well as making dramatic improvements to their personal insurance portfolio.
This post is written by Louis D’Agostino, a Senior Vice President of Iron Cove Partners, LLC a Whitmore Group, Ltd. Company (“ICWG”). ICWG is a market leader in providing risk management and insurance solutions to high-net worth individuals. Should you have any questions or comments, please do not hesitate to contact Mr. D’Agostino @ 516-267-6179 or via email @ louisd@ironcoveins.com. To follow Iron Cove Partners, LLC on Twitter CLICK HERE.
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