What is cyber liability insurance for real estate?
Because cyber liability is relatively new, coverage and terms vary widely from carrier to carrier — and the risks themselves change each year as cyber crimes evolve. Early cyber policies were built around 1st-party protection — coverage for losses the insured business experiences after a data breach. These included Breach Response Team, Forensic Services, Customer Notification Services, Digital Asset Restoration, PR Response, and Business Interruption.
As cyber criminals became more successful, these policies expanded to include direct cyber-crime coverages: Cyber Extortion, Electronic Transfer Fraud, Deceptive Funds Transfer, Telephone Toll Fraud. All of these are 1st-party coverages — and in our opinion, they are the more important coverages.
But the most important cyber liability coverage for real estate professionals are 3rd-party coverages: the client in a transaction who gets harmed. Why? Follow the money. In a high-value real estate transaction, the real money at risk isn't the brokerage's — it's the buyer's wired closing funds. The criminals know that. They are looking to steal your client's money more than they are interested in yours.
What does cyber insurance cover for real estate?
Listing what cyber insurance covers would be an exhaustive exercise. The best way to think about coverage is to consider the events that trigger the policy.
The most common event is a data breach — hackers gain access to your network or email systems and either disable them, steal sensitive information, or use the systems for their own purposes. Once a breach occurs, the policy can respond in many ways: forensic analysis to determine when and how access was gained, was personal identifiable information stolen (aka PII), ongoing legal defense and possible damages if the company is being sued by a 3rd party, compensation for lost income, repair of the computer system, negotiations with hackers (ransomware), data rebuilds, and malicious-code removal.
Another recurring event is media liability — being accused of using a copyright-protected image online or posting content on social media that triggers a demand letter from a 3rd party.
Most material to real estate: wire-fraud claims. A buyer follows fraudulent wire instructions and loses their closing funds, then sues every party in the transaction. We cover this scenario in detail in the Claims section below.
How much does cyber liability insurance cost?
The good news: cyber liability insurance is cheaper than E&O insurance. Typical pricing runs around $15–$30 per agent, or approximately 20–30% of your E&O insurance cost when you get above the carrier minimum premiums (~$700). Premiums increase or decrease year over year based on transaction volume, headcount and any claims history in your real estate class of business. For example Title Insurance companies have a higher premium/rate than Real Estate Brokerages.