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Don't Rely on E&O Alone: The Case for Separate Cyber Insurance

July 16, 2025·Walker & Company

Many small law firms know the value of professional liability insurance (also called E&O) to protect against malpractice or errors in legal work. But when it comes to cyber threats, relying on your E&O policy alone can leave serious gaps — and even put your main coverage at risk.

Why Your E&O Policy Isn't Enough

Your professional liability policy is designed to cover claims tied to legal services — missed deadlines, filing mistakes, or conflicts of interest. While some policies include a small cyber endorsement, this coverage is often limited in scope and dollar amount.

Key issues include:

  • Limited coverage triggers: E&O policies rarely cover data breaches, ransomware, or wire fraud scams.
  • Low sub-limits: Any included cyber coverage is usually minimal and quickly exhausted.
  • Insufficient crisis support: While there may be some assistance, it's often not comprehensive enough to handle technical investigations, client notifications, and reputation management after an attack.

The Benefits of a Separate Cyber Policy

A standalone cyber policy is designed specifically for today's digital risks, including:

  • Data breaches and loss of client information
  • Ransomware attacks that lock your systems
  • Social engineering and funds transfer fraud
  • Business interruption caused by cyber incidents

But beyond stronger coverage, it also protects your E&O policy. When a cyber claim is paid under your E&O policy, it reduces your available limits for traditional malpractice claims and can lead to higher premiums, stricter terms, or even non-renewal. By keeping cyber incidents on a separate policy, you help preserve your professional liability limits and protect your firm's long-term insurability.

Real-World Cyber Threats Facing Small Firms

Small firms are often seen as easier targets. Here are a few common examples:

  • Ransomware attack: Hackers encrypt your files and demand payment, halting your operations and risking client data.
  • Business email compromise: A hacker tricks a client into wiring money to a fraudulent account using a spoofed email.
  • Data breach: An employee clicks on a phishing link, giving attackers access to client files and forcing you to notify clients and regulators.

Protect Your Firm and Your Future

Cyber incidents aren't a distant risk — they're happening every day. A separate cyber liability policy gives you stronger, more targeted protection while helping preserve your E&O policy, your reputation, and your financial stability.

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