Hacked Company Loses Insurance Battle Over Customer Payment Scam
Hacked Company Loses Insurance Battle Over Customer Payment Scam
2
The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.
A company recently faced a significant setback after losing an insurance claim dispute related to funds stolen in a fraudulent email scheme.
Cybercriminals infiltrated the business's email system, sending out fake invoices that directed clients to pay into a bogus bank account.
Consequently, two customers inadvertently transferred a total of $66,148 to the fraudulent account.
Attempts to retrieve this money were unsuccessful, and the customers refused further payments to the company.
The company, holding a management liability insurance policy, sought to claim under its third-party crime coverage to recover the outstanding bills from the customers. However, AIG Australia denied the claim, stating that the policy only addressed "direct financial loss" from theft or fraud by a third party, and argued that since the stolen money belonged to customers, the business itself did not suffer a direct loss.
The Australian Financial Complaints Authority (AFCA) reviewed the case and acknowledged the company's loss. However, it determined that the loss did not align with the policy's specific terms. The ruling emphasized that only the company's customers faced direct financial loss, whereas the company experienced an indirect one due to subsequent non-payments.
The AFCA explained that the hack did not meet the company's policy definition of theft, as the stolen funds belonged to the customers, not the business. This discrepancy meant that the policy's electronic and computer crime coverage was not applicable. Additionally, the policy's criteria for "fraudulent act," which required acts of forgery or counterfeiting the insured had acted upon, were not met since the company was unaware of the false invoices.
This case highlights the critical distinction between direct and indirect financial losses in insurance claims, emphasizing the importance of understanding policy terms. For businesses, particularly those prone to cyber threats, it underscores the significance of having insurance coverage that appropriately addresses loss scenarios stemming from such events. It also serves as a cautionary tale of the complexities involved in recovering from cybercrime attacks without adequate protection.
Moving forward, businesses should ensure robust cybersecurity measures to prevent similar email hacks, coupled with clarifying insurance policies for adequate coverage against indirect financial losses as a result of customer fraud. This scenario may lead insurance providers to reevaluate their product offerings, potentially driving the development of more comprehensive cybercrime coverages. Additionally, the financial sector might witness increased discussions on how to formulate clearer policy definitions that align with the evolving nature of cyber threats.
Published:Tuesday, 11th Mar 2025 Source: Paige Estritori
Please Note: If this information affects you, seek advice from a licensed professional.
In 2024, Australia's insurance industry reported an after-tax profit of $6.1 billion, a figure that is three times higher than the five-year average of $2 billion. This substantial increase is attributed to a combination of factors, including significant premium hikes and a reduction in severe weather events. - read more
Many Australian consumers are experiencing substantial increases in their insurance premiums, often without clear explanations from their providers. Reports indicate that some policyholders have faced premium hikes of 30% to 50%, with instances of increases reaching several hundred percent. - read more
Homeowners in Northern Australia are encountering rising insurance premiums, despite the establishment of a cyclone reinsurance pool intended to reduce costs. The Australian Competition and Consumer Commission (ACCC) reports that median home and contents premiums in the Northern Territory increased by 11% during 2023. - read more
Preventing injuries in the workplace is essential for ensuring the safety and well-being of employees. It also plays a critical role in maintaining a productive and efficient working environment. When workers are safe, they are more likely to remain healthy, motivated, and engaged with their tasks. - read more
Running a small trade business in Australia involves various risks, from accidental property damage to unexpected injuries on the job. These unforeseen events can lead to significant financial losses, which might be challenging for smaller enterprises to absorb. That's where comprehensive insurance comes into play. - read more
As a tradesperson running a small business, you face a unique set of risks every day. From accidents on the job site to damage to your expensive equipment, the challenges are numerous and varied. - read more
Knowledgebase
Underwriting: The process by which an insurer determines the risk of insuring a client and decides the terms of coverage.
