미국의 컴퓨터 사기 및 자금이체 사기 보험의 동향

Abstract

Following a recent 12-month survey of the worldwide financial services sector, PwC reported in 2014 that cyber fraud is now the fourth most common economic crime. These now prevalent computer fraud schemes－heft or data loss by hacking, phishing, pharming, computer viruses, etc.－take on an ever-increasing array of forms. Moreover, the damages they may leave behind impact a multitude of business facets; including asset depletion, creating liability exposures to customers, employees and other third parties, and causing regulatory exposures, reputational damages and related expenses. In America, through the “commercial crime policy” insurers routinely offer businesses some protection against losses resulting from cyber fraud. Most policies do this through the “computer fraud and funds transfer fraud” insuring clauses. Generally, computer fraud coverage applies to manipulation of computer data to perpetrate a fraud, while funds transfer fraud coverage applies to the specific fraud upon the insured’s bank, to send money from the insured’s account to a third-party. However, these coverage grants are not without stark limitations, and together with the exclusions that follow, are generally intended by insurers to be limited to the insured’s losses directly resulting from third-party acts comprising cyber fraud. To examine the trends of computer fraud coverage in America and look for suggestion, this paper reviews computer and funds transfer fraud coverage grants, exclusions, and related cases in America.