We have taken a look at risks addressed by cyber insurance many times, beginning here on October 21, 2015 (http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2015/10/cyberinsurance.html). See the "Cyber Risks and Cyberinsurance" category on this blog for the growing list.
There is another risk to add to that expanding list. It is the risk of breach of fiduciary duties under ERISA if privately held personal identifiable information is hacked or otherwise released into the cyber sphere by a health plan administrator. See Matthew H. Hawes and Patrick Rehfield, "Fiduciary Risk in Data Privacy and Cybersecurity? You Bet!" (April 7, 2016). The authors note that a fiduciary under ERISA can even have individual liability, potentially extending to the officers and directors of a corporation for example.
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