This is the single most important cyber coverage question for real estate professionals. Wire fraud — where a criminal compromises an email account (referred to as Business Email Compromise) that is involved in a transaction and tricks a buyer into wiring closing funds (e.g. $250,000) to a fraudulent bank account — is the number one cyber claim in the real estate industry. However, not all cyber policies cover wire fraud the same way, and many provide inadequate protection.
In the above-mentioned scenario, PBI Group’s Arch cyber policy third-party coverage called Network Security and Privacy liability would be triggered. This core coverage has full policy limits and the standard policy deductible which most of the time is a $500,000 limit and $5,000 deductible. In this example the funds are transferred by the real estate brokerage’s client, not the insured. This is the direct result of the breach/failure of the insured to protect the client’s information. This breach and resulting information loss is what creates the liability for the insured/real estate brokerage. The harm is to the client who lost $250,000 not the brokerage but the client is now suing/demanding their $250,000 from the real estate brokerage who allowed the bad actor access to the business email accounts.
Sometimes a wire fraud event related to a real estate closing can be a different situation all together. The bad actor tricked the real estate brokerage to send their client’s money in their care and custody to the bad actor’s fraudulent bank account. In this scenario, the client did not send their own money via wire — the insured/real estate brokerage did. Their E&O insurance policy does not cover the error, but it is covered under the PBI Group cyber policy.
In the above-mentioned second scenario, PBI Group’s Arch policy includes a dedicated Cyber Crime Endorsement with four separate insuring agreements: Social Engineering Coverage (covers losses from fraudulent instructions purporting to be from a customer, vendor, title company, escrow agent, closing attorney, real estate broker, or mortgage broker); Electronic Transfer Fraud (covers unauthorized transfers from the insured’s accounts); Telephone Fraud (covers toll charges from fraudulent use of phone systems); and Invoice Manipulation (covers losses from fraudulent invoices distributed after a breach). The Social Engineering and Electronic Transfer Fraud coverages each carry a $250,000 sublimit with a $250,000 combined aggregate. Critically, PBI Group’s policy explicitly covers customer funds under the insured’s care, custody, and control — meaning if a client’s closing funds are stolen through a wire fraud scheme involving the real estate brokerage transferring the funds, the policy responds even though the stolen money belonged to the client, not the brokerage. Many competitor policies only cover the insured’s own direct financial loss, which would leave the client’s stolen funds uninsured.