Given how scary the future looks, the Merck case is, in some ways, an effort by insurers to turn back the clock. The problem isn’t the relatively modest pool of cyberpolicies that insurers are writing; they amounted in the U.S. to $3.6 billion in premiums in 2018, according to the National Association of Insurance Commissioners. July 20, 2017 Cyber Security, News, Regulation, Safety. In the former Soviet republic, the malware rocketed through government agencies, banks, power stations—even the Chernobyl radiation monitoring system. They want clarity. Moller-Maersk was hit as part of a global cyber-attack named Petya, affecting multiple sites and select business units, announced Maersk on Twitter. During the 150 hours that Maersk's systems were down at least US$435 million worth of revenues could have been affected. This raises the dread prospect of what’s known as “silent cyber”—the unknown exposure in an insurer’s portfolio created by a cyber peril that hasn’t been explicitly excluded or included. A series of powerful cyberattacks using the Petya malware began on 27 June 2017 that swamped websites of Ukrainian organizations, including banks, ministries, newspapers and electricity firms. Billions of calculations later, Stransky, who turns 36 in December, is vice president and director for emerging risk modeling at AIR Worldwide, a unit of Verisk Analytics Inc. Tag: Maersk. As the Merck case is highlighting, the insurance industry’s exposure to cyberdamage is almost incalculably hard to grasp. The Danish firm reported, “We can confirm that Maersk has been hit as part of a global cyber-attack named Petya on the 27 June, 2017. Rosneft, Maersk hit by Petya cyber attack June 28, 2017 Rosneft and A. P. Moller Maersk, which owns drilling firm Maersk Drilling and oil firm Maersk Oil, as well as a huge container shipping business, are among a slew of companies across the globe hit by the Petya ransomeware virus. As manufacturers upgrade industrial systems, cyberattacks threaten to cripple production and ripple through supply chains. According to its update at 23:00 CEST, the company continues to “assess and manage the situation to minimise the impact on the customers and partners”. “NotPetya was a wake-up call for everybody.”, A new era of cyberattacks to destroy systems or hijack data began with assaults by nation-states that were eventually copied by criminal groups. Cyber events are in important ways not like weather events. Buffett’s notion—that experts like Stransky are “kidding themselves”—nags at Stransky. In 2017, a cyber attack forced Maersk to halt all operations for several days causing over USD300 million in financial losses for the shipping company. It was worse than it seemed. March 2018AtlantaRansomware compromised the city’s computers, causing millions of dollars in losses. Among other things, NotPetya so crippled Merck’s production facilities that it couldn’t meet demand that year for Gardasil 9, the leading vaccine against the human papillomavirus, or HPV, which can cause cervical cancer. June 2017NotPetyaA computer worm spread from Ukraine to companies around the world, causing billions of dollars in damage. They were there to discuss pro hac vice (“for this time only”) applications to allow five additional colleagues to practice temporarily in New Jersey. Two years later, Maersk’s cyber security capability is significantly more mature and robust, as proven when it prevented, without issue, an attack from a more complex virus. A cyber attack has shut down IT systems across multiple sites and business units owned by Danish transport and logistics major A.P. “Merck is huge. The lawsuit in Union County addresses only property insurance claims. Protected by steel doors with facial-recognition locks, this is the so-called watch floor in Deloitte & Touche LLP’s Cybersphere—the place where the accounting firm tracks the minutiae of the world’s cyberthreats for its customers, scouring for malware and other signs of intruders. It’s also relatively conveniently located for the phalanxes of East Coast lawyers, from firms such as Covington & Burling and Steptoe & Johnson, who come here to do battle over the Merck case. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom. One Monday in November, a dozen dark-suited lawyers filed into Judge Robert Mega’s 14th-floor courtroom. Some employees gossiped, their screens dark. Maersk says it has put in place new protective measures after the NotPetya cyberattack, which could end up hurting revenue by as much as $300 million. But increasingly those tools are being used in forms of conflict that defy categorization, including the 2014 attack that exposed emails and destroyed computers at Sony Pictures Entertainment Inc. Maersk cyber attack sharpens regulatory focus. A team of 130+ Deloitte colleagues worked together with Maersk to rebuild its entire technology estate in five weeks. It hopped from computer to computer, from country to country. A report by Deloitte L.L.P. The U.S. government blamed that attack on North Korea. In its February 2018 statement, the White House said NotPetya “was part of the Kremlin’s ongoing effort to destabilize Ukraine and demonstrates ever more clearly Russia’s involvement in the ongoing conflict.”, “When the president of the United States comes out and says, ‘It’s Russia,’ it’s going to be hard to fight,” says Jake Williams, a former National Security Agency hacker who now helps companies hunt for vulnerabilities in their computer networks. The challenge for insurers is to show that NotPetya was an act of war even though there’s no clear definition in U.S. law on what that means in the cyber age. In cases involving life insurance payouts after Pearl Harbor, courts in different parts of the country split, with some judges ruling that the exclusions didn’t apply and other judges saying they did. Stransky concedes all of that, but he remains optimistic that his data work will help clarify the clouded picture faced by insurers and their clients. “Global cyber-attack Petya is affecting multiple businesses,” Maersk said on Twitter. Deloitte LLP is the United Kingdom affiliate of Deloitte NSE LLP, a member firm of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee (“DTTL”). Moller-Maersk A/S, the world’s largest container shipping company. Near Dellapena’s suburban office, a manufacturing facility that supplies vaccines for the U.S. market had ground to a halt. After all, through its property policies, the company was covered—after a $150 million deductible—to the tune of $1.75 billion for catastrophic risks including the destruction of computer data, coding, and software. May 2017WannaCryThis ransomware attack crippled parts of Britain’s National Health Service and encrypted hundreds of thousands of computers worldwide. Speaking about NotPetya, Olga Oliker, a senior adviser to the Washington-based Center for Strategic and International Studies, said in testimony before the U.S. Senate in March 2017, “If this was, indeed, an orchestrated attack by Russia, it is an example of precisely the type of cyber operation that could be seen as warfare, in that it approximates effects similar to those that might be attained through the use of armed force.”, Informed analysis doesn’t equal the evidence insurance companies really want, however. In early 2020, experts will testify behind closed doors as to what constitutes an act of war in the cyber age. Asked in September what kept him up at night, BP Plc Chief Executive Officer Bob Dudley said that aside from the transition away from fossil fuels, the threat of a catastrophic cyberattack worried him most. Maersk shipping US$300 million FedEx’s TNT Express Division US$300 million XcodeGhost 2015 Trojan A malicious copy of Xcode, Apple’s developer environment, was hosted in China Apple customers were the targets 500 million users affected. On 27 June 2017, Maersk’s screens went black. Without a doubt, the recent cyber-attack unraveled key vulnerabilities and plausible negligence given Maersk’s position as the world biggest shipping line and also, operator of 76 ports via its APM Terminals division. As the nascent cyber insurance market has grown, so has skepticism about pricing digital risk at all. Union County’s imposing 17-story neoclassical courthouse in Elizabeth, N.J., is a 15-minute drive from Merck’s global headquarters in Kenilworth. Dellapena, a temporary employee, couldn’t dig into her fact-checking work. The cyber attack was among the biggest-ever disruptions to hit global shipping. In Elizabeth, the action has been going on behind closed doors. A.P. Moller-Maersk two days ago. As it turned out, NotPetya’s real targets were half a world away, in Ukraine, which has been in heightened conflict with Russia since 2014. For companies and their insurers, the numbers are daunting. Deloitte set out to establish a security-conscious culture throughout the entire organisation – utilising and embedding security as a business enabler and leveraging the power of the entire operation to rebuild trust amongst Maersk’s customers. James Clapper, who was U.S. director of national intelligence, confirmed in 2015 that Iran was behind the hack. Business needs to change and show the world it’s changed. Why? Their numbers are growing. December 2016Kyiv Power GridCyberattackers shut down power to part of Kyiv for about an hour. At the time, his family was vacationing in Hawaii, flying out just before the islands were battered by Hurricane Iniki, the worst in the state’s history. Cybersecurity experts blamed Russia. Earlier this year, a ransomware attack hit aluminum producer Norsk Hydro ASA, halting production at some plants that fashion the metal into finished products. In the Merck lawsuit, the insurers may well see an opportunity to test their legal theories and find out if they can meet their burden of proving that war exclusions should apply. It can get much, much worse.”. The oil giant vowed to fortify its network, with leaders saying at the time that it wasn’t the first attack and likely wouldn’t be the last. The attack, which was first noted in Ukraine, has hit a number of companies there, including Rosneft, but has also reportedly affected global advertising giant WPP, which is based in the UK. It was designed to make the software locking up many of Merck’s computers—eventually dubbed NotPetya—look like the handiwork of ordinary criminals. Witnesses will testify on such subjects as what insurers intended in drafting exclusions for acts of war or terrorism and what Merck believed its coverage meant. The Danish shipping giant Maersk said that it had managed to restore its computer systems after the attack. After NotPetya struck, a Deloitte team launched a recovery operation for A.P. Merck was apparently collateral damage. Moller-Maersk A/S, the world’s largest container shipping company. A pink font glowed with a warning: “Ooops, your important files are encrypted. “The ‘war’ and ‘terrorism’ exclusions do not, on their face, apply to losses caused by network interruption events such as NotPetya,” the company’s lawyers wrote in an Aug. 1 filing. All you need to do is submit the payment …” The cost was $300 in Bitcoin per computer. It also hit many more businesses than just Maersk. Maersk’s customers perceived the organisation as a collection of physical assets, but what had become strikingly clear was that, without technology, these assets were nothing. DTTL and each of its member firms are legally separate and independent entities. The industry is working to write its policy exclusions in such a way as to avoid any confusion over whether a digital attack is covered or not. They are based in New York. An engine to embrace and harness disruptive change. (Balogh) Petya is a family of encrypting malware that was first discovered in 2016. The $1.3 billion in losses that Merck claims includes expenses such as repairing its computer networks and the costs of business that was interrupted by the attack. The ransom demand was a ruse. Most experts agree that threat has abated in the wake of a 2015 U.S.-China cybersecurity agreement and a reorganization of the Chinese military. The two Iranian hackers who were indicted were separately charged with extorting more than 200 victims, including hospitals, the University of Calgary in Alberta, and the cities of Atlanta and Newark, N.J., over almost three years. In a darkened room across the river from the Lincoln Memorial in Washington, two dozen analysts watch row upon row of monitors as streams of data on the computer health of 150 companies scroll past. A spokesman for CNA Financial Corp., which is tied to the syndicate, declined to comment. November 2014Sony Pictures Entertainment Inc.Hackers besieged Sony, stealing new movies and debilitating thousands of computers. The moving and shipping industry suffered from its most damaging IT cyber attack in recent history when global shipping giant A.P. We go all the way to connect and simplify global trade for a growing world. It had to halt operations at 17 of its 76 terminals worldwide. Sitting in his office in downtown Boston, the hiking and travel fanatic rattles off the number of U.S. national park sites he’s visited (399 of 419), interstate borders he’s crossed (96 of 107), and times he’s stood at spots where three U.S. states meet (12 of 38). NotPetya’s impact on Merck that day—June 27, 2017—and for weeks afterward was devastating. 75% of oil and gas firms hit by cyber attack: Deloitte. Some employees who were already at their desks at Merck offices across the U.S. were greeted by an even more unsettling message when they turned on their PCs. Deloitte’s U.S. cyber unit employs 4,500 people, and the watch floor sits at its heart. Nick Savvides, markets editor and John Gallagher, senior editor. Merck went to court, suing its insurers, including such industry titans as Allianz SE and American International Group Inc., for breach of contract, ultimately claiming $1.3 billion in losses. Lloyd’s said in July that certain policies must state more clearly whether cyberattacks are covered. Lawyers for the insurance companies declined to comment for this story, as did Merck’s attorneys. DANISH carrier Maersk has been hit by a major cyber attack that is affecting companies around the world. He said that the attack had resulted in a number of new organizational imperatives. New and increasing threats are coming from ransomware and other malicious code designed to hijack, destroy, or alter data. This is as solid a case as they’re going to get.”. If there is “smoking gun” proof that would be useful to the insurers’ legal arguments, it probably resides out of reach: in classified U.S. or U.K. intelligence assessments that may have been based on intercepted communications and evidence obtained by hacking the attackers’ computers. Moller - Maersk is an integrated logistics company. When Maersk called us for support, we were able to scramble a top team and be … “I’ll be surprised if the insurance companies don’t get a win. The transformation began by aligning Maersk’s physical organisation – the ships, terminals and warehouses – to the digital organisation that underpinned it. Nation-states for years have been developing digital tools to create chaos in time of war: computer code that can shut down ports, tangle land transportation networks, and bring down the electrical grid. The cyber attack caused a global outage to the operations of the company and saw millions of dollars getting wiped out from Maersk’s revenue stream in the last financial year. About six years ago, Stransky decided to turn his skills to cybersecurity. On Tuesday 27 June, A.P. In a world where a hacker can cause more damage than a gunship, the dispute playing out in a New Jersey courtroom will have far-reaching consequences for victims of cyberattacks and the insurance companies that will or will not protect them. 2009 into 2010StuxnetCybersecurity experts blamed this malware for a devastating attack on Iran’s nuclear processing facilities. Stuxnet is widely believed to have been designed by hackers working for the U.S. and Israeli governments. Cybersecurity experts blamed the same hackers who struck a year earlier and said the Kyiv incident appeared to be a test run for later strikes. NotPetya contaminated Merck via a server in its Ukraine office that was running an infected tax software application called M.E.Doc. “They do not mention cyber events, networks, computers, data, coding, or software; nor do they contain any other language suggesting an intention to exclude coverage for cyber events.”. Insurers such as AIG or the underwriters governed by Lloyd’s are now tightening the language around what events they’ll cover. Few people understand risk as well as Warren Buffett, who’s built conglomerate Berkshire Hathaway Inc.—and one of the world’s biggest personal fortunes—on the back of insurance companies such as Geico and National Indemnity Co. “Frankly, I don’t think we or anybody else really knows what they’re doing when writing cyber,” he told investors in 2018. A team of 130+ Deloitte colleagues worked together with Maersk to rebuild its entire technology estate in five weeks. Mega will also have to analyze international law, says Catherine Lotrionte, a former CIA lawyer who’s taught at Georgetown University. Since then, this partnership has evolved into a large-scale transformation programme with Deloitte working alongside Maersk to create sustainable change to its cyber security capability. 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