Microsoft/Crowdstrike Cyber Incident
By admin | 19 July 2024
CRS is Here to Help!
CRS is an independent risk and insurance advisor to alternative asset managers, respective portfolio company assets, and stand-alone commercial companies (from start-ups to the Fortune 10).
We are guiding clients to navigate challenges arising out of the July 19th Microsoft/Crowdstrike cyber incident to (a) mitigate negative operational or personnel impact, and (b) avoid lost revenue or business interruption.
CRS expects this incident to have material impacts on businesses across all industry sectors regardless of size. These impacts will include lost income, lost business opportunities, potential third-party liability if, for example, companies cannot fulfill obligations to customers, and reputational harm. In turn, insurance carriers will be inundated with claims, which could lead them to attempt to enforce narrow readings of respective policies to limit their own exposure to policyholders.
CRS has been through these dynamics in the past and can help you navigate the pitfalls of each scenario. CRS will guide clients through the nuances of issues arising from this incident, help determine business strategies, manage negative impact on customer, vendor or other third-party contracts, mitigate costs and address shifting business risks that could impact losses and/or insurance coverage. This is incredibly important, given the already occurring slowdown of operations, an inability to conduct business, and a loss of revenue.
- CRS will opine on enterprise risk and insurance coverage issues; help you devise practical risk management processes and controls; and advocate on your behalf with insurance carriers.
- CRS will drive a focused and tailored review of relevant insurance policies, e.g., Cyber, to identify potential coverage extensions, how best to access and advocate for insurance recovery, and to mitigate costs created by opportunistic plaintiffs’ attorneys or unintentional missteps by management.
- A review by CRS will provide visibility, amongst other things into:
- Whether, on its plain terms, the policy affords coverage for different claims’ scenarios;
- If coverage is available, the triggers or conditions to coverage which the insured must
- satisfy, and whether a notice of potential loss should be provided to insurers;
- Potential exclusions of coverage, which could: (a) exclude coverage entirely, or (b) indicate a “gray
- area,” which may be utilized by carriers to leverage a denial of coverage.
- What documentation/information may need to be maintained to quantify losses; and
- Expectations on what to watch for as market / government / regulatory developments occur and risks
- evolve that could impact recovery from insurance.
- CRS will review your contracts to identify indemnity and insurance issues, e.g., where you might be entitled to recovery or hold harmless from counterparties or vice versa.
CRS is the preeminent risk management advisor, please feel free to reach out