Coverage Lines
Cyber Coverage in Washington
A complete cyber program combines first-party response and third-party liability. Here's how we build it for Washington 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. Washington's breach notification framework (RCW 19.255) requires notification of WA residents without unreasonable delay; the My Health My Data Act (MHMD, RCW 19.373, effective March 31, 2024) adds heightened obligations for any entity handling consumer health data. Coverage includes forensics, breach counsel, notification production and mailing, call center, and credit monitoring. For Seattle and Bellevue tech operators, this integrates with the AG's 2025 vendor/processor rulemaking that expanded MHMD downstream-handler exposure. For Spokane and Tacoma healthcare practices, MHMD applies whether or not the entity is HIPAA-covered — meaning notification obligations may exceed HIPAA's. There is no cure period under MHMD; immediate enforcement is the operating reality.
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. Washington's MHMD (RCW 19.373) creates one of the most consequential ransomware exposure profiles nationally: any entity handling consumer health data — broadly defined to include reproductive, mental, substance-use, biometric, and inferred health data — faces a private right of action under the Washington Consumer Protection Act with treble damages up to $25,000 per claimant plus attorney's fees. There is no cure period. Coverage funds expert ransom-payment analysis, digital forensics, decryption tooling, and operational recovery. For Seattle behavioral health practices and Bellevue fitness/wearable brands, ransomware response coordinates with both HIPAA and MHMD exposure. The 2025 vendor/processor rulemaking means downstream handlers face direct exposure too. Includes law enforcement, breach counsel, and OFAC coordination.
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. Washington operators face a layered downtime profile: Seattle and Bellevue tech and behavioral-health operators face MHMD obligations (RCW 19.373) with no cure period; healthcare integrates with HIPAA's 60-day notification clock; e-commerce faces PCI-DSS recovery windows. The MHMD private right of action under WCPA means class plaintiffs can file within days of an outage if consumer health data is implicated. 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 third-party processors is particularly material given MHMD's downstream-handler exposure.
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. Washington's MHMD Act (RCW 19.373) creates direct downstream liability under the AG's 2025 vendor/processor rulemaking — SaaS providers and other downstream data handlers face independent enforcement risk separate from primary collectors. The Washington Consumer Protection Act provides treble-damages private actions up to $25,000 per claimant plus attorney's fees for MHMD violations. For Seattle B2B health-tech SaaS providers serving telehealth platforms, network security liability addresses downstream customer claims and direct MHMD exposure. Coverage includes defense costs and settlements for direct customer claims, MHMD-specific WCPA private actions, and AG inquiries.
Privacy Liability
- ✓MHMDA / HIPAA violation defense
- ✓Class-action and private-right-of-action defense
- ✓Regulatory investigation response
Covers liability arising from unauthorized collection, use, or disclosure of personal data. Washington's My Health My Data Act (RCW 19.373, effective March 31, 2024) is the most consequential health-data privacy law in the country — broader than HIPAA, applicable to any entity collecting consumer health data, with a private right of action through the Washington Consumer Protection Act. Treble damages up to $25,000 per claimant plus attorney's fees. There is no cure period. The "consumer health data" definition reaches reproductive health, mental health, substance use, biometric markers, fitness and recovery data, and inferences drawn from device and app usage. The AG's 2025 vendor/processor rulemaking expanded liability to downstream handlers. Coverage addresses gaps in standard commercial general liability and includes WCPA-specific defense, settlement costs, and AG inquiry response.
Regulatory Defense & Penalties
- ✓Washington AG investigations (MHMDA / CPA)
- ✓HIPAA / OCR investigations for healthcare
- ✓FTC and state-consumer-protection inquiries
Covers legal defense costs and civil penalties from Washington Attorney General investigations and enforcement actions under the My Health My Data Act (RCW 19.373, effective March 31, 2024) and the Washington Consumer Protection Act (RCW 19.86). MHMD has no cure period; immediate enforcement is the operating reality. The AG's 2025 vendor/processor rulemaking expanded the enforcement framework to downstream handlers. Civil penalties under WCPA are not capped per violation in the same way as other states; the AG can pursue injunctive relief and substantial penalty awards. Federal regulators add layered exposure: HHS/OCR for HIPAA-covered entities (where MHMD obligations exceed HIPAA), FTC § 5 for unfair-data-security claims. Coverage funds investigative defense, settlement costs, civil penalties where permitted, and the multi-regulator coordination MHMD incidents typically trigger.