C-IV.B · Commercial Casualty Insurance
The management liability suite: K&R and cyber
Management liability is also sold as a suite of coverages designed for exposures a CGL does not cover. A typical suite packages D&O, employment practices liability (including sexual misconduct), errors and omissions, fiduciary liability, kidnap and ransom, and cyber liability. A customer slip-and-fall is ordinary bodily injury that the CGL already covers, so it does not belong in the suite.
Kidnap and ransom (K&R): built for the abduction of a person, such as a sales director taken on a business trip abroad with a ransom demanded from the company. It commonly pays the ransom, the loss of the ransom while it is being delivered, and the fees of crisis response consultants. Terms vary by insurer.
Cyber liability: built for data breach exposure. In California, Civil Code §1798.82(a)(2) requires a business to notify affected residents within 30 calendar days of discovering or being notified of a breach of their unencrypted personal information. Delay is allowed for law enforcement needs or to determine the scope of the breach and restore system integrity. Cyber liability can also address extortion through a computer system, but a ransom demand for an abducted person is a K&R loss.
Remember
· Suite = D&O, EPL, E&O, fiduciary, K&R, cyber; not premises bodily injury.
· K&R pays ransom, ransom lost in transit and crisis consultants.
· CA Civ. Code §1798.82: notify residents within 30 calendar days of a breach.
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