Coverage granted under Breach Event.
The matter concerned the deletion of an ERM database file from the Insured’s server, containing Protected Health Information (PHI).
This was covered under the breach event costs reimbursement section of the Insured’s policy as it was a privacy breach due to the destruction of privacy information. With the assistance of the underwriters, the Insured engaged privacy counsel and a forensic vendor to investigate the incident, and managed to restore the database from a back-up.
The vendors were unable to determine the exact reason as to how the database was deleted but they were able to determine there was no evidence of malware or foul play. No notifications were necessary since no PHI or personally identifiable information was accessed.
Underwriters paid costs towards the investigation of this incident and helped ensure full compliance with the Insured’s obligations under the terms of the Health Insurance Portability and Accountability Act.