Category: Leadership & Governance

In today’s digital landscape, a local government’s data—from citizen records and utility operations to internal communications—is a prime target for cybercriminals. A single ransomware attack or data breach can cripple services, drain resources, and erode public trust.

While strong cybersecurity measures are your first line of defense, Cyber Insurance acts as a crucial safety net, helping your municipality manage the massive financial fallout of a successful attack.

If your village, town, city, county, or public utility is considering or renewing a policy, here is a look at what local governments can expect, the vital differences between what is typically covered versus what isn’t, and the critical questions you must ask your municipality and your broker.

The Six Critical Questions Elected Leaders Must Answer

As an elected leader, your top priority is the continuity of public service and the protection of taxpayer funds. Cyber risk is no longer an “IT problem”—it is a governance and financial crisis waiting to happen. Before you sign a policy, your governing body must confront these fundamental questions about your municipality’s readiness and resilience.

What is Typically INCLUDED in a Policy?

Cyber policies generally cover three distinct areas:

What is EXCLUDED?

Exclusions can be policy-specific, but there are several common areas where cyber insurance will not provide coverage:

• Failure to Maintain Minimum Security: Claims can be denied if the breach is traced to your municipality failing to implement a required security measure, such as an unpatched server or not enforcing Multi-Factor Authentication (MFA).
• Property Damage or Bodily Injury: Physical damage caused by a cyber event (e.g., a hack on a utility system causing a physical failure) may be covered by a General Liability or Property policy, not the cyber policy, unless specifically added.
• Acts of War or Terrorism: Losses stemming from hostilities or state-sponsored cyber-attacks are often explicitly excluded.
• Cost of Hardware/Software Upgrades: The policy will pay to restore systems, but generally not for the cost of upgrading to newer technology.
• Known Vulnerabilities: If a claim arises from a vulnerability your municipality was aware of before the policy inception date, coverage may be denied.

Where Are the Hidden Traps?

The real risk often lies in the fine print. You need to look beyond the general coverage summary and scrutinize the endorsements and warranties within the policy. These items can act as “trap doors” that allow insurers to legally deny a claim.

1. The “Failure to Maintain Security” Clause

This is the most common and dangerous reason for denial today. Many policies contain a clause that makes coverage conditional upon maintaining specific security controls, most notably Multi-Factor Authentication (MFA).

• The Warranty Trap: If your municipality warrants (guarantees) in the application that 100% of privileged users or remote access points use MFA, and an attack happens through an account that didn’t have it, the insurer may reject the entire claim based on a breach of warranty.
• The No-MFA Endorsement: A particularly insidious version of this is the MFA Exclusion Endorsement. This endorsement is added to a policy to state that the insurer will not pay any claim that arises from or is attributed to the lack of MFA on specific systems (e.g., all email, remote access, or privileged accounts).
  • What does the No-MFA Endorsement mean for our paid policy? It means you could pay your full premium for a $1 million policy, but if the claim is traced back to a compromised employee email account that lacked MFA, the insurer can legally reject the entire claim. You have the policy, but no coverage for your greatest risk.

Action: Ensure your policy defines required security controls clearly and realistically. If an MFA endorsement is present, treat it as a policy killer unless you are 100% certain every covered access point complies.

2. The Retroactive Date

All policies have a date—the Retroactive Date—before which the insurer will not cover any incident, even if the loss is discovered during the policy period. If a hacker has been in your system for six months and you purchase a policy today, you may not be covered for the full extent of the intrusion. This prevents coverage for “silent data breaches.”

3. The Exclusion for Software/Hardware “Betterment”

After an attack, forensic experts often recommend system upgrades (e.g., replacing an old server or moving to cloud services). Insurers will only pay for the cost of restoring the old system, not the cost of making it “better” or new. Your municipality must be prepared to budget for these betterment costs, which can be substantial and unexpected.

The Six Critical Questions to Ask Your Broker

Cyber insurance should be a true safety net, not a piece of paper. Use these questions to determine if your policy provides the coverage, expertise, and support your community needs.

1. What does the policy cover? What specific security controls are mandatory, and what happens if we fail to maintain them?

Demand a clear list of mandatory controls (like MFA for all remote access). Clarify if non-compliance with a warranty will void the entire policy or only exclude payment for claims related to that specific missing control.

2. What is the annual premium and deductible, and how does this fit our budget risk?

Understand the financial spread: Premiums for municipalities often range from $600 to over $100,000 annually, with deductibles from $1,000 to $100,000. Ensure these costs are sustainable and that the deductible is affordable in a crisis.

3. Does the insurer have demonstrated experience specifically with the public sector?

Government entities have unique challenges: tight budgets, complex regulatory compliance (like state breach laws), and critical services. An experienced insurer will offer tailored coverage that respects these public sector obligations.

4. What loss prevention and risk mitigation services are provided in addition to the coverage?

Look for high-value extras included in the policy: access to incident response hotlines, employee training platforms, vulnerability scans, and tabletop exercises. These proactive services reduce risk and can help lower future premiums.

5. If we report a breach, what is the guaranteed response time, and who is our dedicated contact?

Day to day or in a crisis, you need human support, not an automated line. Ask for a commitment to a response within hours, not days. Confirm you will have access to a cyber specialist or dedicated claims manager or 24/7 breach response team.

6. What is the likely impact of making a claim on our future premiums and coverage availability?

Ask for candor: Will premiums spike after a claim, or will the insurer consider non-renewal? Understanding the long-term relationship ensures you are not penalized for using the safety net you paid for.