23 June 2025

Q2 Operational Risk & Insurability Bulletin

Tom Falcon, Technical Director of Gallagher Specialty's Financial Institutions team, gives his commentary on the insurability of recently reported large operational risk events. Each month, Risk.net issues details of the top five events, and we consider the extent to which insurance coverage is available.

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Bybit loses USD 1.42 billion in alleged North Korean cyber attack


LOSS AMOUNT

USD 1.42 bn

BUSINESS LINE

Retail Brokerage

EVENT TYPE

External Fraud

RELEVANT POLICIES

Crime Insurance

Crypto exchange Bybit has suffered a theft said to be the largest in history.

The hack was initially reported on February 21, 2025, with a loss to Bybit of approximately USD 1.46 billion in crypto assets. On February 23, the exchange announced it had recovered USD 42.9 million, bringing its total loss to USD 1.42 billion. The hackers compromised the devices of multi-signature signers and targeted a transaction that was being moved from a cold to a warm wallet. The attackers manipulated the user interface to deceive the signers and altered the underlying smart contract logic. Crime insurance for crypto exchanges and other crypto providers is offered by several insurers in the main insurance markets. Coverage applies to thefts occurring in both cold storage and hot storage environments. Very large limits can be purchased, although we are unaware of an insured taking out limits of the size of this loss.

Trafigura provisions USD 1.1 billion for fraud in Mongolia oil supply business


LOSS AMOUNT

USD 1.1 bn

BUSINESS LINE

Trading and Sales

EVENT TYPE

Internal Fraud

RELEVANT POLICIES

Crime Insurance

Trafigura discovered it had been defrauded over the course of five years by 10 employees in its Mongolian oil-supply business.

The rogue employees manipulated data and documents to inflate extended credit and conceal debts. Local regulations restrict Trafigura to supplying fuel within the country; it then relies on local distributors to sell the products on. A large part of the total loss comprises a debt owed by its principal counterparty in Mongolia. Crime insurance provides broad coverage for the loss of funds due to dishonest, fraudulent or malicious acts by employees. As in this case, internal fraud can go undetected for many years. Crime insurance operates on a 'losses discovered' basis, meaning that the policy in force at the time the losses are first discovered responds - regardless of when the dishonest or fraudulent acts were committed (subject to the policy not having a retroactive date). Therefore, a twelve month policy will respond to losses discovered at any time during the policy period in respect of dishonest or fraudulent acts committed by employees at any point in the past (provided the policy does not have a retroactive date).

Aspiration Partners fund defrauded of USD 145 million by co-founder


LOSS AMOUNT

USD 145m

BUSINESS LINE

Asset management

EVENT TYPE

Internal fraud

RELEVANT POLICIES

Crime Insurance / Professional Indemnity Insurance

Aspiration Partners co-founder and largest shareholder, Joseph Sanberg, was found to have defrauded two investor funds in collusion with Aspiration board member Ibrahim AlHusseini.

In January 2020, Sanberg arranged a $55 million loan from an investor fund, using Aspiration’s stock as collateral, and securing the loan with an agreement that AlHusseini would buy the stock if Sanberg defaulted. But AlHusseini did not have sufficient assets to cover this event ,and to hide this from investors, Sanberg and AlHusseini forged brokerage and bank account statements that falsely inflated AlHusseini’s assets by up to $200 million. Sanberg refinanced the loan for $145 million in November 2021, but ultimately defaulted, and was arrested for conspiring to defraud investors. AlHusseini, meanwhile, pleaded guilty to wire fraud. Investigations into the pair were pending as of March 2025. Crime insurance provides broad coverage for the loss of funds due to dishonest, fraudulent or malicious acts by employees. However, coverage can be challenging where directors are involved as most policies will exclude the acts of directors, unless they are acting in an employee capacity. Beyond that, Professional Indemnity insurance can respond to claims in respect of dishonest or fraudulent acts by employees committed in the provision of professional services. However, as with Crime insurance, coverage can be challenging where directors are involved, because the acts of the most senior individuals within an insured company are often imputed to it for the purposes of the dishonesty exclusion.

JP Morgan to pay USD 100 million for making misleading disclosures to private funds investors


LOSS AMOUNT

USD 100m

BUSINESS LINE

Retail Brokerage

EVENT TYPE

Clients, products and business practice

RELEVANT POLICIES

Professional Indemnity Insurance

The payment is in respect of JP Morgan Securities making misleading disclosures and issuing inadequate election forms to investors in its Conduit private investment funds.

JP Morgan self-reported the issue to the US Securities and Exchange Commission after receiving investor complaints and said $90 million of the settlement would be distributed to Conduit investors. If the payments to investors are compensatory in nature, then a professional indemnity policy may well respond. However, payments involving regulators, in this case the SEC, can pose challenges. The main stumbling blocks are likely to be the extent of coverage for regulatory actions (some policies exclude claims by regulators) and whether the applicable payments could be construed to be fines (which are often excluded). Beyond that, this case involved self-reporting - a well drafted professional indemnity policy can include coverage for the legal costs incurred in that process under investigation costs coverage or as a standalone extension.

Westpac to pay AUD 130 million over flexible commission on car loans


LOSS AMOUNT

USD 82m

BUSINESS LINE

Retail Banking

EVENT TYPE

Clients, products and business practice

RELEVANT POLICIES

Professional Indemnity Insurance

Westpac has settled a class-action lawsuit alleging it had encouraged car dealerships to charge excessive interest rates on car loans. Westpac set a base rate of interest for car loans, but allowed dealers to make money by setting higher rates at their discretion in a system known as ‘flex commissions’.

The class action alleged Westpac had allowed improper flex commissions on loans arranged between March 1, 2013, and October 31, 2018, and claimed that, in some cases, its dealers had charged interest at more than three times the base rate. In November 2018, the Australian Securities and Investments Commission (Asic) banned flex commissions over concerns that borrowers were paying excessive car loan rates and that commissions were not fair or transparent. Professional indemnity insurance does not cover payments of wrongly charged fees or interest, as almost all policies will have an exclusion in that respect (often described as a Fees Exclusion or a Disgorgement Exclusion). Beyond that, a well drafted policy should provide coverage for costs incurred in responding to non-routine regulatory investigations into the provision of professional services.

Aeon suffers JPY 9.9 billion loss from credit card small-sum payment fraud


LOSS AMOUNT

USD 66.9m

BUSINESS LINE

Retail Banking

EVENT TYPE

External Fraud

RELEVANT POLICIES

Plastic Card Insurance/

Crime Insurance

Fraudsters stole Aeon Card users’ credit card details using phishing websites and registered the cards on Apple Pay.

Once alerted, Aeon sought to remotely disable card payments on the fraudsters’ smartphones. But criminals took advantage of a function that allowed phones to make payments below a set threshold – even when offline or in ‘airplane mode’ – delaying Aeon’s countermeasures. Criminals made a large number of small-sum transactions using this method, causing Aeon an estimated ¥9.9 billion loss in compensation to affected customers. Plastic Card Insurance specifically responds to the fraudulent use of plastic card details and covers card issuers for losses arising therefrom. It is not widely purchased; however it is available in most of the main insurance markets. In additon, Crime insurance may respond to card losses via computer crime cover. However, such coverage is less specific than Plastic Card insurance.

Blue Cross Blue Shield of Michigan to pay USD 12.7 million to employee terminated after refusing Covid-19 vaccine


LOSS AMOUNT

USD 12.7m

BUSINESS LINE

Life Insurance

EVENT TYPE

Employee practices and workplace safety

RELEVANT POLICIES

Employee practices and workplace safety

Blue Cross Blue Shield (BCBS) was ordered to pay damages to a former Michigan employee.

The damages were awarded for religious discrimination on the grounds that BCBS dismissed the employee for refusing a Covid-19 vaccine. A Michigan jury ordered BCBS to pay punitive and compensatory damages to the employee. Employment Practices Liability Insurance (EPLI) provides coverage for a wide range of employment claims against employers, including claims alleging discrimination. Policies respond to legal costs incurred in defending claims and settlement and damages payments.

Top 10 operational risks for 2025

Risk.net’s recent survey of senior operational risk managers at financial institutions shows how they rank operational risks, as follows:

  1. Cyber risk: information security
  2. Cyber risk: IT disruption
  3. Change Management
  4. Resilience risk
  5. Third-party risk
  6. Execution and process errors
  7. Regulatory compliance
  8. Geopolitical risk
  9. Financial Crime and fraud
  10. Data management

As was the case in last year’s survey, cyber risk takes the top two places. While ransomware attacks and cyber warfare concerns remain common fear factors, 2025’s survey saw technological change emerge as the biggest factor driving infosec concerns for firms, tech employed by both hackers and financial firms. The increased capability of AI is central to this, which has increased the ability of bad actors to mount cyber-attacks, amongst other things. All the other operational risks in the list also have some element of cyber risk. For example, Change Management often involves the rapid adoption of technologies like cloud computing and AI, and a core element of Resilience Risk is responding to major incidents, including cyber incidents such as the CrowdStrike outage. Cyber insurance is central to dealing with cyber risk, with coverage provided for several areas, including claims resulting from data breaches and security failures; ransom payments in response to ransomware attacks; costs to rectify impaired computer systems; and loss of income due to business interruption caused by certain cyber events.

Elements of many of the other risks in the list can be mitigated by insurance, including:

  • Execution and process errors: Professional Indemnity (PI) insurance can respond where errors have resulted in losses to clients. In addition, many Crime insurance policies cover the loss of funds that have been erroneously transferred and subsequently stolen.
  • Regulatory compliance: both Professional Indemnity and Directors and Officers (D&O) insurance respond to legal costs incurred in responding to certain non-routine regulatory investigations.
  • Financial crime and fraud: Crime insurance covers loss of funds resulting from a wide range of criminal actions.

Source: Risk.net, 31 March 2025

Greensill administrator sues founder

Greensill Capital’s administrator has filed a lawsuit on behalf of the insolvent company against its founder, Lex Greensill and six other former directors. Filed in early May in London’s High Court, court records list the case type as breach of fiduciary duty. In addition, the UK’s Insolvency Service last year launched proceedings to disqualify Lex Greensill from running or controlling companies for up to 15 years, the maximum possible ban. The government agency’s allegations included that the now 48-year-old financier made a series of misrepresentations about key insurance contracts.

Greensill Capital collapsed into administration in March 2021 as part of a sprawling political and financial scandal and led to billions of dollars in losses for investors in its financial products, including the now-defunct Swiss bank Credit Suisse. The firm’s most recent administrator’s report shows that USD 8.4bn has still not been repaid out of the USD 17.7bn of assets that Greensill Capital oversaw at the time of its collapse.

Proceedings brought against directors by administrators or other insolvency practitioners on behalf of insolvent companies and separate actions brought by regulators raise some important D&O insurance considerations. In the event of insolvency, directors are particularly exposed as their role in the events that led to the insolvency will be heavily scrutinised. However, coverage under D&O policies in such circumstances may not always be clear-cut. A key element in ensuring coverage for directors of insolvent companies is the right to purchase a six-year discovery period upon insolvency. That will effectively allow the policy to respond to claims and regulatory actions made in the six-years following insolvency. However, not all policies include such discovery periods and therefore may well expire before claims and regulatory actions are brought (leaving the directors uninsured). Further, where a discovery period is available, there may be insufficient funds available for it to be purchased. Many policies will also include an Insured v Insured exclusion, which will exclude claims brought on behalf of insolvent companies unless there is a specific exception to the exclusion for such claims. Finally, in some rare cases, policies have exclusions that exclude any claims or actions in connection with the insolvency of the insured company.

Thankfully, insolvency is not a major concern for the great majority of companies purchasing D&O insurance. However, given the heightened risk it poses, it is well worth discussing with your broker potential policy responses should it occur. Further, methods of funding additional premiums for discovery periods when the company is insolvent should be considered.

Source: The Financial Times, 1st May 2025

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Tom Falcon

Technical Director, Financial Institutions

Thomas_Falcon@ajg.com

The Walbrook Building 25 Walbrook London, EC4N 8AW

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