Coverage Lines
Cyber Coverage in Texas
A complete cyber program combines first-party response and third-party liability. Here's how we build it for Texas healthcare, e-commerce, and tech businesses.
Data Breach Response
- ✓Forensic investigation to determine scope and root cause
- ✓Breach coach and privacy counsel retention
- ✓Notification letters, call center, credit monitoring
Covers the cost of investigating, containing, and notifying affected parties after a breach. Texas's breach notification statute (Tex. Bus. & Com. Code § 521.053) requires notification of TX residents without unreasonable delay; the Texas Data Privacy and Security Act (TDPSA, Tex. Bus. & Com. Code Ch. 541, effective July 1, 2024) adds controller and processor obligations on top. Coverage includes forensics, breach counsel, notification production and mailing, call center, and credit monitoring. For San Antonio and Dallas / Fort Worth healthcare networks, this integrates with HIPAA's 60-day notification clock; for Austin tech-corridor SaaS operators, with downstream multi-state customer notification clocks; for Houston energy and chemical operators, with federal critical-infrastructure expectations under CISA. Texas AG enforcement on data security has been notably active in recent years.
Cyber Extortion & Ransomware
- ✓Ransom negotiation with specialized firms
- ✓Decryption key purchase (where legally permissible)
- ✓System restoration and data recovery
Covers ransom-payment evaluation, negotiation, forensic response, and recovery costs when threat actors deploy ransomware or extortion-based attacks. Texas's TDPSA (Tex. Bus. & Com. Code Ch. 541, effective July 1, 2024) and breach notification statute (§ 521.053) trigger when exfiltrated data is later released or threatened; the Capture or Use of Biometric Identifier Act (CUBI, Tex. Bus. & Com. Code § 503.001) adds biometric-data exposure. Coverage funds expert ransom-payment analysis (often the decision not to pay when offline backups are viable), digital forensics, decryption tooling, and operational recovery. For San Antonio healthcare, Austin tech-corridor SaaS, and Houston energy operators, this layers with HIPAA, federal critical-infrastructure expectations, and OEM- or customer-required incident-response protocols. Texas AG enforcement is among the most active nationally on data security and AI/surveillance privacy. Includes coordination with law enforcement, breach counsel, and OFAC.
Business Interruption (Cyber)
- ✓Lost revenue during system outage
- ✓Extra expense to restore operations quickly
- ✓Waiting period / retention specific to cyber events
Covers lost income and reasonable extra expense when a cyber event shuts down your operations. Most standard business-interruption policies exclude cyber-triggered outages — cyber-specific BI is essential for healthcare practices, e-commerce, and SaaS operators that lose revenue the moment systems go down. Texas's TDPSA (effective July 1, 2024) and the multi-corridor concentration — San Antonio healthcare, Austin tech and SaaS, Dallas DTC and fintech, Houston energy — mean downtime exposure cascades through HIPAA timelines, federal critical-infrastructure expectations under CISA (energy and chemical), TDPSA processor obligations, and downstream multi-state customer regimes. Coverage includes lost revenue during recovery, reasonable costs to restore operations, and BI from ransomware lockups or third-party service-provider failures. Contingent BI from processor failures is particularly material for Austin SaaS operators serving Tier 1 privacy-law-state customers.
Network Security Liability
- ✓Third-party claims from compromised customer data
- ✓Vendor and partner downstream liability
- ✓Malware transmission claims
Covers third-party claims arising from a failure of your network security — including transmitted malware, unauthorized access through your systems to a customer's data, denial of customer service, and contamination of customer data. Texas's TDPSA (Tex. Bus. & Com. Code Ch. 541) imposes processor obligations under § 541.104 including written data-processing agreements with security-program standards. CUBI (§ 503.001) adds biometric-data downstream exposure when biometric services are involved. For Austin B2B SaaS providers serving multi-state regulated-customer bases, network security liability addresses downstream covered-entity, federal-customer, and registered-adviser indemnity demands. Texas AG-only enforcement under TDPSA (no private right of action, 30-day cure under § 541.155) provides remediation flexibility but customer-state private actions (CA CPRA, IL BIPA, WA MHMD) compound on every multi-state breach. Coverage includes defense costs and settlements for direct claims and downstream demands.
Privacy Liability
- ✓TDPSA / CUBI / HIPAA violation defense
- ✓Class-action claim defense
- ✓Regulatory investigation response
Covers liability arising from unauthorized collection, use, or disclosure of personal data. Texas's TDPSA (Tex. Bus. & Com. Code Ch. 541, effective July 1, 2024) provides consumer rights including access, correction, deletion, portability, and opt-out from targeted advertising, sale, and profiling — with AG-only enforcement and a 30-day cure period under § 541.155. No private right of action under TDPSA. The Capture or Use of Biometric Identifier Act (CUBI, Tex. Bus. & Com. Code § 503.001) creates separate biometric-data exposure for any operator capturing fingerprints, facial scans, or other biometric identifiers. Federal frameworks layer: HIPAA for San Antonio and Houston healthcare, GLBA for financial services, FCRA for consumer reporting. Class-action exposure typically flows through customer-state private rights (e.g., CA CPRA) for multi-state Texas operators. Coverage includes defense costs and settlements for direct claims, AG inquiries, and CUBI exposure.
Regulatory Defense & Penalties
- ✓Texas AG investigations (TDPSA / CUBI)
- ✓HIPAA / OCR investigations for healthcare
- ✓FTC and state-consumer-protection inquiries
Covers legal defense costs and civil penalties from Texas Attorney General investigations and enforcement actions under the Texas Data Privacy and Security Act (Tex. Bus. & Com. Code Ch. 541, effective July 1, 2024), the Texas breach notification statute (§ 521.053), and the Capture or Use of Biometric Identifier Act (CUBI, § 503.001). Texas AG enforcement on data security and AI/surveillance privacy is among the most active nationally. TDPSA enforcement carries a 30-day cure period under § 541.155 and AG-only authority — no private right of action. CUBI penalties run up to $25,000 per violation. Federal regulators add layered exposure: HHS/OCR for HIPAA, FTC § 5 for unfair-data-security claims, banking regulators for GLBA, federal critical-infrastructure agencies for Houston energy and chemical operators. Coverage funds investigative defense, settlement costs, civil penalties where permitted, and CUBI-specific exposure.