Hacked Company Loses Insurance Battle Over Customer Payment Scam
Hacked Company Loses Insurance Battle Over Customer Payment Scam
2
The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.
A company recently faced a significant setback after losing an insurance claim dispute related to funds stolen in a fraudulent email scheme.
Cybercriminals infiltrated the business's email system, sending out fake invoices that directed clients to pay into a bogus bank account.
Consequently, two customers inadvertently transferred a total of $66,148 to the fraudulent account.
Attempts to retrieve this money were unsuccessful, and the customers refused further payments to the company.
The company, holding a management liability insurance policy, sought to claim under its third-party crime coverage to recover the outstanding bills from the customers. However, AIG Australia denied the claim, stating that the policy only addressed "direct financial loss" from theft or fraud by a third party, and argued that since the stolen money belonged to customers, the business itself did not suffer a direct loss.
The Australian Financial Complaints Authority (AFCA) reviewed the case and acknowledged the company's loss. However, it determined that the loss did not align with the policy's specific terms. The ruling emphasized that only the company's customers faced direct financial loss, whereas the company experienced an indirect one due to subsequent non-payments.
The AFCA explained that the hack did not meet the company's policy definition of theft, as the stolen funds belonged to the customers, not the business. This discrepancy meant that the policy's electronic and computer crime coverage was not applicable. Additionally, the policy's criteria for "fraudulent act," which required acts of forgery or counterfeiting the insured had acted upon, were not met since the company was unaware of the false invoices.
This case highlights the critical distinction between direct and indirect financial losses in insurance claims, emphasizing the importance of understanding policy terms. For businesses, particularly those prone to cyber threats, it underscores the significance of having insurance coverage that appropriately addresses loss scenarios stemming from such events. It also serves as a cautionary tale of the complexities involved in recovering from cybercrime attacks without adequate protection.
Moving forward, businesses should ensure robust cybersecurity measures to prevent similar email hacks, coupled with clarifying insurance policies for adequate coverage against indirect financial losses as a result of customer fraud. This scenario may lead insurance providers to reevaluate their product offerings, potentially driving the development of more comprehensive cybercrime coverages. Additionally, the financial sector might witness increased discussions on how to formulate clearer policy definitions that align with the evolving nature of cyber threats.
Published:Tuesday, 11th Mar 2025 Source: Paige Estritori
Please Note: If this information affects you, seek advice from a licensed professional.
Business NSW, the leading business advocacy group in New South Wales, has raised alarms over the escalating insurance premiums that are placing significant financial strain on businesses across the state. Recent findings from their Business Conditions Survey reveal that nearly 80% of businesses have encountered double-digit increases in insurance costs over the past year, with one in three reporting hikes of 30% or more. These surges starkly contrast with the annual inflation rate of 2. - read more
Insurance companies across Australia and New Zealand are increasingly investing in artificial intelligence (AI) technologies as part of their digital transformation strategies. This shift aims to enhance operational efficiency, improve customer service, and strengthen risk management practices. - read more
Australians should brace for continued increases in insurance premiums, albeit at a moderated pace, according to Nick Hawkins, CEO of Insurance Australia Group (IAG). The company recently reported a significant 91% rise in net profit for the first half of the fiscal year ending December 31, 2024, reaching $778 million. This surge is largely attributed to favourable weather conditions and a reduction in claims. ([abc.net.au](https://www.abc.net.au/news/2025-02-14/iag-ceo-nick-hawkins-warns-of-further-premium-increases/104931074?utm_source=openai)) - read more
Insurance Australia Group (IAG), a leading insurer in Australia, has highlighted the significant role of climate change in driving up home insurance premiums. The company reports that the increasing frequency and severity of weather events are major factors contributing to these rising costs. ([abc.net.au](https://www.abc.net.au/news/2025-11-04/climate-change-plays-role-in-growing-home-insurance-iag-warns/105964560?utm_source=openai)) - read more
Insurance companies across Australia and New Zealand are increasingly investing in artificial intelligence (AI) technologies to drive digital transformation and enhance service delivery. This strategic shift aims to improve efficiency, customer interactions, and risk management practices. ([newshub.medianet.com.au](https://newshub.medianet.com.au/2025/01/insurers-embrace-ai-innovations-in-australia-new-zealand/84215/?utm_source=openai)) - read more
In today's rapidly evolving business environment, insurance has become an essential component for the survival and success of small to medium enterprises (SMEs). As businesses navigate through uncertainties, unexpected events can pose significant threats. Insurance not only provides a safety net but also conveys a sense of stability and trust to partners and customers. - read more
When embarking on the entrepreneurial journey of a start-up, it's imperative to safeguard the nascent enterprise with a reliable insurance safety net. Insurance acts as a vital shield, protecting the hard work and innovation of new businesses against unforeseen events and liabilities which can arise in the unpredictable world of start-ups. - read more
Starting a new business is an exciting and challenging endeavor, particularly in the vibrant and innovative startup landscape of Australia. However, amidst the rush of ideas and the race to launch, many startups overlook the crucial aspect of insurance. Insurance is not merely an additional cost but a vital protective measure that safeguards your emerging business against unforeseen hurdles. - read more
Insurance costs can be a significant expense for businesses in Australia, and it is crucial to understand how they can affect your bottom line. With premiums on the rise, many business owners are looking for ways to cut costs while maintaining the coverage they need to protect their operations. - read more
Understanding the ebbs and flows of your business finances is more than just knowing numbers; it's a vital component of your small business's longevity and success. In the ever-dynamic landscape of entrepreneurship, cash flow management emerges as a centerpiece in the grand puzzle of sustainability. Small businesses, with their limited resources, often face the pronounced challenge of maintaining a healthy financial heartbeat to thrive and grow. - read more
Knowledgebase
Term Life Insurance: A form of life insurance that is a pure protection policy with no cash or maturity value which lasts for a specific length of time, called a term.
