Frequency and Severity of Large Cyber Claims Continue to Climb
Cyber claims have continued their upward trend over the past year, driven in large part by a rise in data and privacy breach incidents
As Allianz Commercial has warned in its annual cyber risk outlook, the frequency of large cyber claims (more than $1 million per claim) in the first six months of 2024 was up 14% while severity increased by 17%. This is according to the insurer’s claims analysis, following just a 1% increase in severity during 2023. Data and privacy breach-related elements are present in two-thirds of these large losses. Overall, the total number of cyber claims in 2024 is expected to stabilize, following a 30% increase in frequency during 2023, which resulted in 700+ claims.
“The growing significance of data breach losses among cyber insurance claims is driven by a number of notable trends,†explained Michael Daum, global head of cyber claims at Allianz Commercial. “A rise in ransomware attacks including data exfiltration is a consequence of changing attacker tactics and the growing interdependencies between organizations sharing ever more volumes of personal records. At the same time, the evolving regulatory and legal environment has brought an uptick in so-called ‘non-attack’ data privacy-related class action litigation, resulting from incidents such as wrongful collection and processing of personal data – the share of these claims has tripled in value in two years alone.â€
‘Non-attack’ claims increase as privacy litigation ramps up
The rise in ‘non-attack’ data privacy claims is the consequence of developments in technology, the growing commercial value of personal data and a developing regulatory and legal landscape. For example, unlike the EU’s General Data Protection Regulation (GDPR), privacy regulations in the U.S. are less prescriptive and open to interpretation, while plaintiff lawyers are hungry for potential sources of revenue. This is creating a grey area that is ripe for class action litigation, the report notes.
“We are seeing more data privacy breach claims in the U.S. where there is a growing trend for class-action litigation against large U.S. and international corporations related to privacy violations, such as around consent and data usage,†said Daum. “The cost of some of these claims can be even larger than a ransomware incident, in the hundreds of millions of dollars.â€
Over the last year, in particular, data breaches have emerged as one of the fastest-growing areas of U.S. class-action litigation. Over 1,300 were filed across a wide range of data privacy regulations in 2023, more than double the number filed in 2022 and four times that filed in 2021, according to law firm Duane Morris.
Multiple class-action lawsuits have been launched against organizations across a wide range of industries, including healthcare, social media and gaming, for using Meta Pixel tracking tools to monitor consumer behavior, while entertainment streaming platforms have also been targeted, alleging that they may have violated privacy protection rights.
Large data breach events can also evolve into hyper litigation, with one event triggering a slew of class actions. More than 240 lawsuits related to the 2023 MOVEit data breach were consolidated into a single multidistrict litigation in October 2023. And with large numbers of claimants, there are incentives for parties on both sides to settle. The top 10 data breach class-action settlements last year totaled $516 million, a significant increase over the $350 million recorded in 2022.