BITS BLOG
Why Cyber Insurance May Deny Your Claim (and How to Avoid It)
Most denials don’t happen at the breach—they happen when the paperwork doesn’t match the reality.
Cyber insurance is no longer a luxury. It is a requirement for doing business in most regulated industries. But here’s the hard truth: paying premiums does not guarantee coverage. Claims get denied every day—not because an incident didn’t happen, but because the policyholder didn’t meet the conditions they agreed to.
This article will help you understand why claims get denied and how to prevent those surprises through proactive cybersecurity and documentation.
What Insurers Expect and Why It Matters
Insurance underwriters now expect more than just antivirus software and firewalls. They want proof of:
- Multifactor authentication (MFA) across key systems
- Formalized backup and disaster recovery plans
- Employee security awareness training
- Vendor risk oversight
- Data classification and access controls
- Incident response readiness
They also want these protections documented—consistently, verifiably, and in line with what you listed in the application.
Common Reasons Claims Get Denied
You do not want to find out your insurance will not pay after the breach. Here are the top reasons denials occur:
1. Misrepresentation on the Insurance Application
If you claim to have MFA or encryption but cannot prove it was in place during the breach, the insurer may call it a material misstatement. That is grounds for denial.
2. Missing or Incomplete Documentation
Even if controls were in place, you must be able to prove it. Without evidence—like access logs, training records, or policy documents—your claim may be considered unsubstantiated.
3. Failure to Maintain Basic Controls
Some policies require you to maintain baseline cybersecurity hygiene. If you let patching or backups lapse, the insurer may argue negligence.
4. Unapproved Third-Party Vendors
If a breach originates from a vendor you failed to disclose or vet, your coverage may not apply. Insurers expect vendor risk management as part of your program.
What Happens When a Claim Is Denied
When a cyber insurance claim is denied, the damage does not stop at the breach. The financial, legal, and operational fallout can be severe—and in many cases, long lasting.
Here is what you may face:
1. Full Financial Burden
Without a payout, your organization absorbs the entire cost of:
- Incident response and forensic investigations
- Legal counsel and regulatory fines
- Customer breach notifications and credit monitoring
- System recovery and business interruption
These costs often reach into the hundreds of thousands—or even millions—of dollars.
2. Loss of Trust and Reputation
Clients and partners expect your security and coverage to be airtight. A denial undermines that confidence and can result in lost contracts, reputational harm, and missed revenue opportunities.
3. Contractual Violations
Many commercial contracts include security and insurance obligations. A denial can be interpreted as a breach of those terms, exposing you to legal or financial penalties.
4. Increased Premiums or Non-Renewal
Once a claim is denied, future insurers may view your organization as high-risk. Premiums rise. Coverage becomes harder to secure. Your negotiation leverage disappears.
5. Legal Exposure
Without coverage, you carry the full legal burden of any lawsuits, data breach claims, or class actions that follow the incident.
How to Protect Your Coverage
1. Conduct a Cyber Risk Assessment
Start with a clear picture of where you are. At BITS Cyber, we assess your environment using our Business Change Tolerance (BCT) model to identify risks that could impact compliance, resilience, and coverage eligibility.
2. Align With Recognized Frameworks
Insurers often ask whether you follow NIST, HIPAA, or CIS benchmarks. Our BITS Cybersecurity Control Framework simplifies this by helping you implement only what matters for your business—not unnecessary overhead.
3. Document Everything
If it is not written down, it did not happen. Maintain records of:
- Training schedules and attendance
- MFA policies and enforcement
- Vendor assessments and contracts
- Incident response plans and tabletop tests
We help clients prepare this documentation ahead of time, so nothing has to be recreated during a crisis.
4. Review Your Insurance Application Carefully
Do not just check the boxes to get a lower premium. Review your answers with someone who understands both your security posture and the insurer’s language.
BITS Cyber offers pre-renewal support to ensure what you claim is what you can defend.
Final Thought
Cyber insurance is an important safety net, but like any contract, it only works if the terms are met. If your coverage is denied, the impact goes far beyond money—it can slow your business, damage relationships, and leave you exposed when you need help most.
At BITS Cyber, we help clients avoid those risks by aligning their security, compliance, and insurance strategies through a business lens. Because the best way to protect a claim is to prepare for it long before an incident ever occurs.