Risk Scenario


A social engineering cyber attack results in a massive loss of medical records, a reputational hit and a merger gone bad.
By: | October 20, 2015 • 7 min read
Risk Scenarios are created by Risk & Insurance editors along with leading industry partners. The hypothetical, yet realistic stories, showcase emerging risks that can result in significant losses if not properly addressed.

Disclaimer: The events depicted in this scenario are fictitious. Any similarity to any corporation or person, living or dead, is merely coincidental.

Engineer This

This was so much easier than hacking a system by harnessing software technology and using multiple computers and proxy servers. Still, it took a little bit of phone work.


A member of SubPrime OverKill, a group of financially motivated hackers going by the acronym SPOK, called the headquarters of Atlas Health Systems on the morning of Monday, July 1.

“Hi,” the hacker said in a friendly voice, when an operator answered the phone. “Can I please have the name of your head of Information Technology?”

“I’m not authorized to give that out,” the national hospital system operator said.

“OK,” the hacker said and hung up before the operator could ask him why he was calling.

It took him six more calls to get what he needed. He didn’t get the name of the head of IT, but he finally got the name of someone else in that department.

The hacker’s next call was to that office.

“Keith Duvall, please,” the hacker said in a much sterner voice when Duvall’s assistant answered.

“Who may I say is calling please?” Duvall’s assistant said.



“This is Special Agent Frank Dermont of the Federal Bureau of Investigation’s Cyber Security Bureau. We’ve confirmed that your computer system has been hacked and we need to access it immediately,” the hacker said.

The ruse was working so far. The assistant got flustered.

“Well, Keith’s not in right now, he’s…he’s in Kansas City,” she said.

“We need his username and password! Your system is under attack right now and crucial life-saving machinery in your hospitals’ neo-natal and intensive care units could be shut off within minutes,” the hacker said.

“Give me the username and password now or face obstruction of justice charges!” the hacker said.

“Wait, wait just a second, I have it here,” the assistant said, the thought of infants and the critically ill dying by the dozens overwhelming her.

The flustered assistant then gave the phony FBI agent a super administrator password and username.

And SPOK was in the hen house.

Over the next four months, unknown to hospital administrators, the hackers siphoned off hundreds of thousands of medical records from the large hospital system’s computer system.

At $80 per medical record, the thieves were making millions selling the records on the black market. And no one within the Atlas Health System administration had any notion of what they were up to.
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Merging Blind

Two months after the hack, Dale Reed, director of risk management for a smaller hospital system, The Magnolia Group, received information that Atlas was planning to buy Magnolia and merge the two hospital systems.


There was already plenty on Reed’s plate. The demands of the Affordable Care Act and the escalating number of cyber attacks on not only health insurers, but health care providers, was causing him great concern.

“Now this,” Reed said as he looked over an email from the Magnolia Group CFO, outlining the ways in which the terms of the Atlas deal were projected to impact various departments.

The good news for Reed was that it appeared his job was safe.

The challenge for Reed was that he was going to have to work hand in hand with the IT professionals and risk management team at Atlas in building a secure information technology system.

The deal was set to close in November and the C-suites with both hospital groups were expecting the systems to be fully integrated and secure by the end of the year.

“Don’t expect to see much of me,” Reed told his wife. “I’ve got some long work days ahead of me.”

In mid-October, as the merger moved closer to becoming a reality, Reed sought clearance for and obtained permission from higher-ups to begin conversations with the IT and risk management departments at Atlas to discuss systems integration and security.


In conversations with Atlas officials, Reed took away two things that concerned him. One, it appeared Atlas did not use a two-factor authorization system to gain access to the hospital’s IT system.

If a hacker chose to target Atlas, Reed thought, all they’d have to do is get an IT administrator’s username and a password and they were in.

Two, in discussions with Atlas’ risk management department, it appeared that a cyber-attack incident response plan, while being developed, was not yet in place at Atlas.

Working late one night in the office, Reed deduced that he couldn’t be passive. He needed to take steps to make sure the combined hospital system’s IT system was not only integrated but secure.

The Atlas/Magnolia merger closed as expected Nov. 16. The Magnolia name would go away and the system would keep the name Atlas.

The following day Reed asked for and received permission to hire an IT audit firm that he’d worked with before to examine the Atlas system, which was now in the process of being integrated with the Magnolia system.

The audit team was two days into its three-month contract when Reed got a call from the audit team’s chief examiner.

“The Atlas Health System network was breached back in July,” the examiner said.

“What?” was all Reed could say.

“We estimate hundreds of thousands of medical records have been stolen by a group that goes by the acronym SPOK. They might have taken as many as a million records.”

“You’ve got to be kidding me,” Reed said.

“We’re not kidding you, Dale,” the examiner said. “And it looks like some former Magnolia Group records might already have been lifted,” the examiner said.

The news that Atlas was four months into a massive cyber attack and that close to a million records were pilfered was of course very painful for Keith Duvall and his superiors in the IT department and treasury.

When it became known that it was the IT department’s very own super administrator username and password that were used to breach the system, the head of Atlas IT resigned.

Dale Reed had taken the initiative and hired the IT audit team that found the breach. Now he would have the added responsibility of cleaning up the mess. Or trying to.
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Pain. No Gain.

The next day, Reed was back on the phone, this time with the IT audit team’s chief examiner and his insurance broker.


“These aren’t like credit card numbers,” the broker was saying, as Reed felt sharp anxiety pains in his abdomen.

“It could take months to figure out what services, pharmaceutical, whatever, are being ordered with this stolen information. This medical information can go for $80 per record on the black market, it’s much more valuable than a credit card number and much harder to shut down,” the broker said.

The next morning’s newspaper told Reed and the rest of the Atlas executives a story they never thought they would read and would never want to read again.

SPOK sold information about the embarrassing medical conditions of a number of regional business, political and other public sector leaders to unscrupulous bloggers and those details were published online.

Examples included a local school superintendent with a sexually transmitted disease, the CEO of a local company who had bariatric surgery but didn’t want the information publicly disclosed, and the wife of a local pastor who was suffering from complications from breast implants.

“Did you see this?” came the panicked email from the Atlas CFO, including a link to the story.

“Saw it,” was Reed’s only response.

A class action lawsuit soon followed. The plaintiffs alleged that the combined company failed to conduct ample due diligence into the vulnerabilities of its IT system.

The reputational damage from the lost and sold medical records spurred Atlas executives to accelerate planned upgrades to their IT system. Millions in IT expenditures they’d expected to spread over 10 years were compressed to a two-year spend.

Add to that the notification costs and legal expenses connected to the breach and the defense of the class actions, and it became painfully clear that Magnolia and Atlas should never have merged at all.
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Risk & Insurance® partnered with Swiss Re Corporate Solutions to produce this scenario. Below are Swiss Re Corporate Solutions’ recommendations on how to prevent the losses presented in the scenario. This perspective is not an editorial opinion of Risk & Insurance®.

Even the best-trained employees click on 2% of spam phishing emails. Once a hacker has access to your network, the ramifications are endless. The monetary costs of a breach can be in the billions of dollars, but losses aren’t just financial. After a cyber attack, companies face reputational and legal consequences, as well.

In our increasingly digitized world, computer hacks aren’t just the stuff of fiction. They’re a very real part of doing business. And almost all companies – large or small, public or private – are at risk. So when an attack does occur, you don’t want to be alone. You want a teammate you can depend on to mitigate your losses.

Swiss Re Corporate Solutions understands the threats you’re facing. That’s why we’ve enlisted the very best partners to help you protect your business after a breach. Our on-call vendors are elite forensics firms, law firms, breach notification firms, and call centers, so you can rest easy when the worst happens.

Swiss Re Corporate Solutions means knowledge, experience, financial and global reach. Let our experts create customized solutions that are right for your business. Visit www.swissre.com/cyber.

Dan Reynolds is editor-in-chief of Risk & Insurance. He can be reached at [email protected]

More from Risk & Insurance

More from Risk & Insurance

Employment Practices


Sexual harassment is a growing concern for corporate America. Risk managers can pave the way to top-down culture change.
By: | March 5, 2018 • 12 min read

The #MeToo and #TimesUp movements opened up Pandora’s Box, launching countless public scandals and accusations. The stories that continue to emerge paint an unflattering picture of corporate America and the culture of sexual harassment that has permeated it for decades.


“The clock has run out on sexual assault, harassment and inequality in the workplace. It’s time to do something about it,” reads the official tagline of Time’s Up, one of the most vocal groups demanding change.

The GoFundMe campaign that supports the Time’s Up Legal Defense Fund raised more than $16.7 million in less than a month, making it the most successful GoFundMe initiative on record.

Funds will be used to help victims of sexual harassment and assault bring legal action against harassers, as well as provide public relations consultation to manage any media attention such suits might attract.

The problem was never really a secret.

In surveys conducted since 1980 by the U.S. Merit Systems Protection Board, 40 percent of women and 15 percent of men consistently reported being sexually harassed at work.

In a sweeping meta-analysis of 25 years’ worth of research data, published in “Personnel Psychology,” an average of 25 percent of women reported experiencing sexual harassment at work. When respondents were given clear definitions of harassing behavior, that figure shot up to 60 percent.

The current climate is just now pushing awareness to the forefront. It was reported last November that law firms in the nation’s capital are seeing a spike in inquiries about sexual harassment cases.

Laura Coppola, regional head of commercial management liability in North America, Allianz Global Corporate & Specialty

In addition, the Equal Employment Opportunity Commission (EEOC) website is seeing visits to its harassment web page double.

There’s no question the costs to businesses can be staggering. Twenty-First Century Fox reportedly incurred $50 million in costs tied to the settlement of sexual harassment and discrimination allegations in its Fox News division, as well as a $90 million settlement of shareholder claims arising from sexual harassment scandals.

In June, the company disclosed in a regulatory filing that it had $224 million in costs during the fiscal year related to “management and employee transitions and restructuring” at business units, including the group that houses Fox News.

If time is indeed up, it won’t just impact Hollywood, Silicon Valley or Capitol Hill. It will impact every workplace, in every industry.

“It affects everybody,” said Marie-France Gelot, senior vice president and insurance & claims counsel for Lockton’s Northeast Claims Advisory Group.

“I think anybody in corporate America — at some point — has seen it or been aware of it or been around it.”

“This particular phenomenon is certainly at a much wider scope than we’ve seen in the last decade or so,” said Laura Coppola, regional head of commercial management liability in North America, Allianz Global Corporate & Specialty.

“This is going to touch many industries, many segments, and many people.”

Employers are beginning to wonder if their workplace could be next.

“I think if you’d been asking [insureds] a year ago, ‘Are you interested in hearing about sexual harassment prevention?’ I think the answer would have been, ‘No, we’re good, we’ve got it,’ ” said Bob Graham, vice president, HUB International Limited.

“But I think now everyone’s saying ‘Sure, yes, we’d like to hear something.’ ”

Leading the Conversation

As American workplaces come under increasing scrutiny, the time is ripe for a large-scale pivot in the way employers manage risks related to sexual harassment.

The co-chairs of the EEOC’s select task force on the study of harassment in the workplace expressed it aptly in 2016:

“With legal liability long ago established, with reputational harm from harassment well known, with an entire cottage industry of workplace compliance and training adopted and encouraged for 30 years, why does so much harassment persist and take place in so many of our workplaces? And, most important of all, what can be done to prevent it? After 30 years — is there something we’ve been missing?”

Experts in the management liability field unanimously told Risk & Insurance® these issues should be elevated to the board level and the C-suite.

“Just as cyber liability shifted rapidly from an IT discussion to a board level discussion, so too will the harassment and discrimination discussion go beyond HR and be elevated to the highest levels,” said Coppola. It will become a corporate-wide, enterprise-wide conversation.

“It’s going to take some time to get to that board level, but it’s going to have to happen,” said Paul King, national practice leader, management and professional services, USI Insurance Services.

“Risk management and HR cannot go down parallel paths, not understanding one another. Not anymore. There’s too much at stake.” — Paul King, national practice leader, management and professional services, USI Insurance Services

Risk managers, said Kelly Thoerig, U.S. employment practices liability coverage leader, Marsh, are well suited to lead this conversation, which means actively partnering with human resources, the legal department, the general counsel’s office and outside counsel.


“Just like the quarterback depends on the offensive line, on receivers, on the running backs, it’s not a one-man show,” said King. “This can’t be the risk manager operating in a vacuum; they have to be liaising with multiple parts of the organization.”

Added King, “Risk management and HR cannot go down parallel paths, not understanding one another. Not anymore. There’s too much at stake.”

Connecting with outside counsel can also be of great benefit to risk managers, said Coppola.

“[They can] provide a very independent objective view of what they see in the overall market and how their knowledge of the individual client’s best practices can be improved and enhanced to ensure that they are protecting employees and the organization.”

Brokers and carriers also may be able to offer insights and services. Unfortunately, that piece is often lost because risk management and HR are siloed.

“The [knowledge of the] services that come with the insurance policy end up with the policy — in a drawer in the risk manager’s office,” said Tom Hams, employment practice liability insurance leader, Aon.

“HR doesn’t know that they exist. Even if they’re just online blogs or something like that, they could be more meaningful to the HR department than they are to risk management.

“So it’s important to make sure that companies are aware they’ve got those tools and — more importantly — to share them internally.”

Expediting Cultural Change

The X factor that underpins every aspect of these efforts is culture, experts agreed.

“It’s not so much ‘does the company have best-in-class policies and procedures in place;’ I think many of them do. I think that a significant change needed is doing a full overhaul of corporate culture, and that’s no small feat,” said Gelot.

Paul King, national practice leader, management and professional services, USI Insurance Services

True culture change can only come from the top level. But that isn’t likely to happen unless everyone at the top understands what the scope of the exposure could be if it’s not addressed appropriately on the front end. And for that, money talks, said Thoerig, who will be presenting on the topic at RIMS 2018 in San Antonio.

“Nothing is more instructive than real tangible claims examples and settlement amounts. Arm yourself with … recent, relevant claims examples specific to the industry and the jurisdictions the company operates in.”

In addition, said King, HR and legal should be regularly feeding claims information to risk managers to share at quarterly meetings of the board and give specific updates around these issues.

Armed with that level of intelligence, top brass can set the goals that will drive all anti-harassment efforts, said experts, putting an emphasis on identifying and correcting behavior that could potentially expose a company to liability.

Better Training and Reporting 

The best anti-harassment programs are multilayered, said Hams, with each facet carefully tailored to suit the employee population, the industry and the organization’s goals. A clearly defined policy is essential, stating that harassment will not be tolerated and neither will retaliation against those who report it.

The policy should be clear that employees are expected to report harassment or unacceptable behavior. Hams said he’s seen companies go so far as to state employees who don’t speak up are in violation of the policy.

“At least it should give them pause to stop and think about what they might have seen before they click the button or sign the document,” he said.

Companies should consider how uncomfortable employees may be about speaking up. An open-door policy is a start.

But there should also be multiple reporting points throughout the organization, said Hams, and an anonymous hotline for those reluctant to bring the matter up with anyone in their chain of command, and a multilingual hotline as well.

An effective training plan will have multiple moving parts and should touch every level of the organization from the executive suite to managers and supervisors to the rank and file. Comprehensive training is especially critical for the managers and supervisors who might receive or investigate complaints.

Many large employers already have training programs that can be considered best-in-class. Small to midsized employers, however, may still be using the cookie-cutter compliance-centric training that has dominated the field for decades.

The goal of this training is to hit all the bases related to Title VII of the Civil Rights Act, ticking off a list of acts or speech that would be considered illegal and affirming the company will not tolerate illegal behavior.

Overwhelmingly though, this type of training misses the mark. Studies have shown that this one-size-fits-all training is ineffective, especially when it’s a rote check-the-box exercise. Employees get the message their employer doesn’t take the subject too seriously.

Worse, it can even aggravate tensions, creating more discriminatory behavior from men who avoid working with women just to eliminate the chance of being accused of anything.

One study even found that men were more likely to place blame on the victim of sexual abuse after they’d received that type of anti-harassment training.

Even at best, compliance-centric training will still fail, because it only addresses behaviors that violate the law. But there is a broad array of behavior that — while not quite illegal — shouldn’t be tolerated.

When this kind of activity is allowed to flourish unchecked, the environment becomes increasingly toxic for those on the receiving end. It also tells employees that the company will tolerate harassment as long as it’s not overly egregious. In that case, it’s just a matter of time before the company is faced with a serious claim.

“Nothing is more instructive than real tangible claims examples and settlement amounts. Arm yourself with … recent, relevant claims examples specific to the industry and the jurisdictions the company operates in.” — Kelly Thoerig, U.S. employment practices liability coverage leader, Marsh

In its 2016 report, the EEOC’s harassment task force recommended changing tactics, exploring alternative training models such as respect-based civility training — what some call professionalism training.


The theory is “if you train them to act in a professional manner, these things tend not to happen at all,” said Hams.

The EEOC also suggested bystander intervention training, which is designed to empower employees to intervene when they witness harassing behavior.

Experts agreed whatever training programs or modules a company chooses, it’s important the training material reflect the workforce and be continuous and regularly refreshed.

A certification scheme also should be put in place to ensure the training is hitting the mark. While the law does not yet require companies to prove the effectiveness of their programs, some suggest it’s only a matter of time before the courts catch up to the problem.

What’s more, said Coppola, it’s simply the right thing to do for companies that want to confirm they’ve created a culture where all employees can expect to be treated professionally.

Zero Tolerance

Gelot and others believe a zero-tolerance policy should be a key component of an effective anti-harassment program.

“There are many companies that have Harvey Weinsteins and Matt Lauers and Kevin Spaceys working in their midst and those people are tolerated. Employees know about them — it’s not a secret.”

Bob Graham, vice president, HUB International Limited

Particularly when the harasser is a high-level executive, companies may wrestle with the decision to look the other way or lose a key rainmaker. In a zero-tolerance environment — one that starts at the top — the decision would be clear.

“What we saw with Matt Lauer and Charlie Rose — they were terminated immediately as the accusations came out. That’s zero tolerance. That’s sending a message to all of the employees within the company that this is completely unacceptable, we won’t tolerate it, and [it] clearly sends a message to the public at large.”

Employers should promote a workplace culture where all forms of harassment and discrimination are unacceptable and reportable, said Gelot. That’s the only way to take the fear and the stigma out of reporting.

That said, the EEOC offers a word of caution on zero-tolerance policies applied militantly without regard for common sense. Employers should hash out the specifics of which acts merit immediate termination versus a warning.

Overzealous application of the zero-tolerance doctrine can backfire if an employee fears her coworker’s children will go hungry if she reports his lewd or sexist jokes.

Creating a Dialogue

As with managing any other exposure that touches everyone, robust sharing of ideas and best practices has the power to improve the risk profile of entire industry sectors.

Facebook raised eyebrows in December, making public its sexual harassment policy in full.

“I hope in sharing it we will start a discussion, both to help smaller companies thinking about this for the first time, and to improve our own practices by learning from other companies,” wrote Lori Goler, Facebook’s global VP of people, about the company’s bold move.


That level of disclosure is making some risk professionals uncomfortable. But others acknowledge the wisdom of it.

“Any time you can share best practices that’s probably a great idea, because no one has all the answers … or at least not all the right answers,” said Graham.

“There’s a reason they did that, and I think it’s for all the right, positive reasons. They want to drive the momentum that is going to reduce or even eliminate what we have seen in corporate America over the last 50-plus years. They want to lead by example, they want to be the model and rightly so,” added Coppola.

“I think we are at a perfect time in our economic environment that allows the evolution of equality in our workplace.”

Part of that should involve making the workplace more egalitarian, said Gelot, and figuring out “how to make female employees not feel ostracized by a ‘boys’ club’ atmosphere, and actively championing the ascension of women into senior rolls.”

“We can’t focus on the past,” said Coppola. “But we can work very hard collectively as a community, and within the insurance industry specifically, to move forward.” &

Michelle Kerr is associate editor of Risk & Insurance. She can be reached at [email protected]