Service
Cyber liability review for mid-market operators.
Sublimits, war exclusion language, ransomware coinsurance, incident-response panel restrictions, and dependent business interruption pressure-tested against the actual threat profile. The line of the program that has changed the most since you last looked at it.
Overview
The cyber form has changed faster than the buyer.
Cyber is the line where last-cycle assumptions go stale fastest. Forms written before MFA was a baseline underwriting requirement, before ransomware coinsurance, and before the post-NotPetya war exclusion rewrites are still in force at companies that haven’t pressure-tested the wording. The dec page may look unchanged. The form behind it does not.
Mid-market buyers feel this most acutely because they don’t have the in-house counsel or risk team to read the form against current carrier behavior. We do that read, document the findings, and brief the CFO and IT leadership on what would actually happen at claim.
What we review
The form, the sublimits, the panel.
- First-party and third-party grants
- Forensic investigation, notification and credit monitoring, business interruption, ransomware, regulatory defense, privacy liability, and PCI. Each grant against the actual exposure profile and the data the company holds.
- Sublimits
- Ransomware, business email compromise, regulatory, PCI, and bricking sublimits, mapped against the AP department’s wire volume, the regulatory regime, and the payment card environment.
- War and hostile-act exclusions
- The current language post-NotPetya, the cyber-specific war exclusion forms now standard at most carriers, and the practical implications of nation-state attribution disputes.
- Ransomware coinsurance
- The coinsurance percentage on the ransomware sublimit, what costs it applies to, and the negotiability of the percentage at remarket.
- Incident-response panel
- Panel composition, pre-approved breach counsel, forensic firms, and the company’s existing vendor relationships. Where panel additions are needed, we document them at bind, not at claim.
- Dependent and contingent BI
- Coverage when a key vendor goes down. Sublimit, scheduled vs unscheduled treatment, and the waiting period before BI begins to accrue.
- Social engineering coverage
- The fraudulent instruction sublimit, verification protocol requirements that would void coverage, and the overlap with the crime policy’s social engineering grant.
- Underwriting controls compliance
- MFA, EDR, segregated backups, and the application warranties that activate exclusions if the controls described at bind are not maintained at claim.
Common gaps we find
The most common cyber tower problems.
- Tower written before MFA was standard. A program last truly underwritten in 2020 sitting on top of an MFA, EDR, and backup posture that has since improved, with no remarket to capture the better risk profile.
- IR panel tied to a vendor the client doesn’t use. Pre-approved breach counsel and forensic firm the company has no relationship with, leading to off-panel cost-share at the worst possible time.
- BEC sublimit too low for AP exposure. A $250K business email compromise sublimit on an AP department wiring multi-million-dollar payments to international vendors weekly.
- War exclusion inherited from terrorism forms. Cyber war exclusion language adapted from older terrorism wording without the post-NotPetya revisions, leaving the response to a nation-state-attributed attack uncertain.
- No dependent BI for a SaaS-heavy operation. A company whose entire revenue model depends on a single CRM or payment processor with no contingent BI on that dependency.
- Application warranty exposure. Application stated MFA on all admin accounts; reality is MFA on most accounts. The warranty is the carrier’s denial path.
When this matters
Triggers we hear before renewal.
- A near-miss incident or a wire fraud attempt revealed weaknesses in the existing program.
- A customer’s vendor security review demands cyber limits or wording you do not currently have.
- The carrier proposed a new exclusion at renewal and the broker doesn’t have a counter.
- A compliance regime (SOC 2, ISO 27001, HIPAA, GLBA) has changed the data exposure profile.
- Major IT change: cloud migration, new payment processor, or a dependency on a single SaaS platform.
Placement
How placement works through Rush Insurance.
Vetted Risk is not licensed to sell, solicit, or negotiate insurance. The consulting work, including form analysis, sublimit design, and panel negotiation strategy, sits with us. When the file moves to market, it moves to Rush Insurance, our licensed placement partner. Rush handles carrier submissions across primary and excess cyber markets, MGA placements, and policy issuance.
Compensation related to placement flows to Rush Insurance. Vetted Risk receives no commission, no override, and no contingent compensation. The recommendation on whether to remarket the cyber tower, restructure the sublimits, or add a difference-in-conditions layer is independent of who writes the binder.
FAQ
Common questions about cyber liability.
- What's the difference between first-party and third-party cyber coverage?
- First-party cyber covers the insured's own losses: forensic investigation, notification, credit monitoring, business interruption from a network event, and ransomware payments. Third-party cyber covers liability the insured owes to others, including regulatory fines and penalties (where insurable), defense and settlement of privacy claims, and PCI assessments. A complete program needs both grants. Many older or stripped-down forms emphasize one and underweight the other.
- How do sublimits actually work in cyber?
- A cyber policy with a $5M policy aggregate may have sublimits of $1M for ransomware, $500K for business email compromise, $250K for regulatory defense, and $100K for PCI. The headline limit is not what is actually available for any specific event type. The sublimits are where coverage either holds or fails. We map the sublimits against the company's actual exposure profile, not the marketing summary.
- What is the war exclusion and why is it back in the news?
- Most cyber policies exclude losses arising from war and hostile acts. After NotPetya, courts have been asked whether nation-state cyber attacks fall under traditional war exclusions written for kinetic conflict. The Merck v. Ace decision in New Jersey ruled the exclusion did not apply to NotPetya. Carriers responded by introducing cyber-specific war exclusions and hostile-act language. The wording your policy carries today is materially different from what it carried five years ago, and we read it line by line.
- What is ransomware coinsurance?
- Several carriers now apply coinsurance, typically 20% to 50%, on the ransomware sublimit. The insured shares in the cost of the ransom payment and often the related forensics and recovery. Coinsurance was uncommon before 2021. It is now common enough that any program last reviewed before then likely has coinsurance language the insured has not absorbed.
- Why does the incident-response panel matter?
- When a cyber event occurs, the carrier expects you to use vendors from its panel: breach counsel, forensic firms, and notification providers. Using off-panel vendors, even ones the company already has retainers with, can result in reduced reimbursement. We confirm the panel composition matches the vendors the company would actually want to use, and we negotiate panel additions where the existing panel doesn't include the firm's preferred breach counsel.
- How does dependent business interruption work in cyber?
- Dependent business interruption, sometimes called contingent BI, covers the insured's loss when a key vendor or supplier suffers a network event that takes them offline. For companies that depend on a single SaaS provider, payment processor, or logistics platform, dependent BI is often the most valuable feature in the program. Many forms either exclude it, sublimit it heavily, or require the dependent provider to be specifically scheduled.
Related services
Adjacent reviews.
-
Professional Liability
For tech and service firms, E&O and cyber wordings have to dovetail. We read both forms together.
Review E&O → -
Management Liability
D&O, EPLI, crime, and fiduciary review, including the social engineering overlap with cyber.
Review management liability → -
Property & Casualty
Property and BI on the operating side, with cyber-physical exposure flagged where it crosses the GL form.
Review P&C →
Next step
Send the cyber policy and the most recent application.
One business day response. Independent review. Placement coordinated through Rush Insurance.