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Buffett and Ajit Jain explain why they're staying away from hot cybersecurity insurance industry

One of the messages that Warren Buffett and Berkshire Hathaway’s top insurance executive, Ajit Jain, sent to investors during the company’s annual shareholder meeting in Omaha last month was that cyber insurance, while currently profitable, still has too many unknowns and risks for Berkshire, a huge player in the insurance market, to be fully comfortable underwriting.

Cyber insurance has become “a very fashionable product,” Jain said at the annual meeting. And it’s been a money maker for insurers, at least to date. He described current profitability as “fairly high” — at least 20% of the total premium ending up in the pockets of insurers. But at Berkshire, the message being sent to agents is one of caution. A primary reason is the difficulty in assessing how losses from a single occurrence don’t spiral into an aggregation of potential cyber losses. Jain gave the hypothetical example of when a major cloud provider’s platform “comes to a standstill.”

“That aggregation potential can be huge, and not being able to have a worst-case gap on it is what scares us,” he said.

“There’s no place where that kind of a dilemma enters into more than cyber,” Buffett said. “You may get an aggregation of risks that you never dreamt of, and maybe worse than some earthquake happening someplace.”

Berkshire is in the cyber insurance business

Industry analysts generally say while some of Berkshire’s caution is warranted, the general state of the cybersecurity insurance marketplace is stabilizing as it becomes profitable. And Gerald Glombicki, a senior director in Fitch Rating’s U.S. insurance group, points out that Berkshire Hathaway is issuing cybersecurity policies despite Buffett’s caution. According to Fitch’s analysis, Berkshire Hathaway is the sixth-largest issuer of such policies. Chubb, which Berkshire recently revealed a big investment in, and AIG are the largest.

“Right now [cybersecurity insurance] is still a viable business model for many insurers,” Glombicki said. It is still a tiny market, representing only one percent of all policies issued, according to Glombicki. Because the cybersecurity business is so small, it gives insurance companies latitude to implement various policies to see what is working, and what isn’t, without a tremendous amount of exposure.

Berkshire, as well as Chubb and AIG, declined to comment.

“There is an element of unpredictability that is very unsettling, and I understand where [Buffett] is coming from, but I think it is really hard to avoid cyber risk entirely,” Glombicki said. He added though that there has still been no significant litigation that assigns culpability or tests the boundaries of the policies, and until the courts hear some culpability cases, some insurers may proceed more cautiously.

‘Could break the company’ Buffett says

Top Berkshire executives Warren Buffett (L), Greg Abel (C) and Ajit Jain (R) during the Berkshire Hathaway Annual Shareholders Meeting in Omaha, Nebraska on May 4, 2024.

CNBC

The problem with writing many policies, even with a $1 million limit per policy, is if a “single event” turns out to affect 1,000 policies. “You’ve written something that in no way we’re getting the proper price for, and could break the company,” Buffett said.

While some notable leaders, like former Homeland Security chief Michael Chertoff — who now runs a global security risk management firm — have called for a government cybersecurity backstop of some sort, most experts don’t believe that is needed right now. Glombicki says that while the feds are looking at what role they can play, intervention likely won’t happen until an incident prompts it.

Any government involvement “will probably happen after a big, expensive cyber-incident,” he said. “After September 11, the government put together a terrorist risk program. In cyber, we have not yet seen an attack of that scale. We are still in the stage of thinking about possible approaches.”

Cyber insurance data shows growth and market confidence

While the number of cybersecurity policies being written is small now, analysts don’t expect it to stay that way.

“Rates are declining, which shows stability in the market,” said Mark Friedlander, a spokesman for the Insurance Information Institute. According to its data, cyber premiums are estimated to double over the next decade. In 2022, premiums totaled $11.9 billion. By 2025, Friedlander says, they are expected to double to $22.5 billion and increase to $33.3 billion by 2027.

“This is clearly one of the fastest-growing segments of insurance. More companies are writing cybersecurity policies than ever before,” Friedlander said, attributing confidence among insurers to more sophisticated underwriting and stabilizing rates. He cited a 6% decline in cybersecurity insurance rates in the first quarter of 2024, following a 3% decline in 2024, as a clear signal that insurers feel more confident about jumping into the business.

“Most commercial insurance like auto, home, and life insurance have all been increasing, so the decline is significant. It is a sign of stability and a decline in claims severity,” Friedlander said.

And more insurers are entering the market because they have the tools and data to price the risk. “If you can do it at sound rates, you will write that coverage,”  Friedlander said.

‘You’re losing money’

Buffett and his top insurance lieutenant don’t agree. It’s the insurance “loss cost” — what the cost of goods sold could potentially be — that has Berkshire on the fence with a bigger move into cyber insurance. Jain said losses have been “fairly well contained” to date — not exceeding 40 cents on the policy dollar over the past four to five years — but he added, “there’s not enough data to be able to hang your hat on and say what your true loss cost is.”

Jain said that in most cases agents are Berkshire are discouraged from writing cyber insurance, unless they need to write it to satisfy specific client needs. And even if they do, Jain leaves them with this message: “No matter how much you charge, you should tell yourself that each time you write a cyber insurance policy, you’re losing money. We can argue about how much money you’re losing, but the mindset should be you’re not making money on it. … And then we should go from there.”

Google Cloud says the risks are being overstated

There is a perception that cyber risk is rapidly changing and, therefore, too unpredictable to underwrite in a systematic way, says Monica Shokrai, head of business risk and insurance at Google Cloud. But she added that the perception doesn’t match reality, and that the risk can largely be managed.

“We don’t hold the same view as Warren Buffet on the topic,” she said. In Google’s view, the majority of cyber losses can be prevented or mitigated through basic cyber hygiene.  

“By understanding security, you can get to a place where your controls are in a much better place, where the risk is more manageable,” Shokrai said. Devastating attacks from nation-states, meanwhile, are in a separate category and have been rare. Insurers are already inoculating themselves from potential risk by making exclusions for certain catastrophic events. Many cybersecurity policies have coverage exemptions for nation-state attacks.

“What they are trying to do is remain resilient and solvent in the event of a widespread event; what they have done to manage that is put in exclusions,” Shokrai said, and those include critical infrastructure, cyber war, and other widespread disruptive events.

Ambiguities and subjectivities remain. What if someone is the victim of a cyberattack from a foreign-based gang that isn’t officially tied to a nation-state but may have received some ancillary logistical support?  Can an insurance company invoke a nation-state exclusion? Shokrai says categorizing how to attribute an event is the topic of much debate between insurance companies. “That is a big debate between insurance companies; it is an important distinction that needs clarity,” Shokrai said.

Some experts say it is the ambiguity surrounding the industry’s margins that has investors like Buffett and insurance players like Berkshire spooked. But so far, the business has proven to be sound overall. “It is still a viable business model for many insurers,” said Josephine Wolff, an associate professor of cybersecurity policy at The Fletcher School at Tufts University, who has been studying the evolving market for the past several years. But she added that a belief that the business is viable doesn’t mean things are not constantly changing, pointing to the recent ransomware surge over the past couple of years that saw large payouts by insurance companies — though notably still not enough to make the business unprofitable for most issuers.

Cyber insurance helps make the entire ecosystem safer, according to Steve Griffin, co-founder of L3 Networks, a California-based managed services provider that specializes in cybersecurity. Policies require companies to adhere to certain cyber standards to attain coverage, and the more businesses that sign up for coverage, the safer the entire system becomes. And if a business knows they’ll be denied a claim if they don’t have some basic cybersecurity safeguards in place, that acts as an incentive to put them in place.

Berkshire does believe the business will grow, it just isn’t sure at what cost. “My guess is at some point it might become a huge business, but it might be associated with huge losses,” Jain said.

“I will tell you that most people want to be in anything that’s fashionable when they write insurance. And cyber’s an easy issue,” Buffett said. “You can write a lot of it. The agents like it. They’re getting the commission on every policy they write. … I would say that human nature is such that most insurance companies will get very excited and their agents will get very excited, and it’s very fashionable and it’s kind of interesting, and as Charlie [Munger] would say, it may be rat poison.”

While Griffin understands Buffett’s caution, he sees a generational divide over the risk outlook, and is optimistic about the cybersecurity insurance sector.

“Probably Warren Buffet would have called cybersecurity insurance an opportunity when he was younger,” he said.

Warren Buffett on the risk from Tesla's self-driving tech to Berkshire's insurance businesses

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SEC says Elon Musk should be sanctioned if he keeps dodging Twitter depositions

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SEC says Elon Musk should be sanctioned if he keeps dodging Twitter depositions

Elon Musk, Chief Executive Officer of SpaceX and Tesla and owner of X looks on during the Milken Conference 2024 Global Conference Sessions at The Beverly Hilton in Beverly Hills, California, U.S., May 6, 2024. 

David Swanson | Reuters

The Securities and Exchange Commission has asked a federal judge to sanction Elon Musk if he continues to violate the court’s order to appear for a deposition in a probe of his 2022 Twitter acquisition.

The SEC has been investigating whether Musk or anyone else working with him committed securities fraud in 2022 as the Tesla CEO sold shares in his automaker and shored up a stake in Twitter, ahead of his leveraged buyout of the company now known as X.

In May, the court ordered Musk to appear for a deposition by the financial regulators regarding the Twitter deal.

“Musk has now failed to appear before the SEC twice: first in September 2023, in defiance of a lawful administrative subpoena, and last week, in defiance of a clear court order,” SEC attorney Robin Andrews said in the Friday filing.

Andrews asked the judge to consider sanctions should Musk delay further, according to the filing.

“The Court must make clear that Musk’s gamesmanship and delay tactics must cease,” Andrews wrote.

The filing also revealed, in a footnote, that the SEC intends to ask the court to hold Musk in “civil contempt” for canceling a deposition on Sept. 10, giving the agency only a few hours notice that he would not appear. Musk’s cancellation cost the SEC time and money after it sent personnel to Los Angeles to depose him and he didn’t appear for the investigative interview, the agency said.

Musk’s deposition in the probe has been rescheduled for a date in early October at an SEC office, the filing said.

“Without further action by the Court, nothing deters Musk” from “simply failing to show up for that date,” Andrews wrote.

Musk’s attorney, Alex Spiro, a partner at Quinn Emanuel in New York, wrote in a response that “such drastic action would be inappropriate,” adding that the SEC and Musk had agreed rescheduling would be permissible in light of an emergency.

Additionally, Musk and his companies have “cooperated and are cooperating with the SEC in multiple other ongoing investigations,” Spiro wrote.

In a separate, civil lawsuit concerning the same Twitter deal, the Oklahoma Firefighters Pension and Retirement System has sued Musk in a federal court in New York accusing him of deliberately concealing his progressive investments in Twitter and intent to buy out the company.

The pension fund’s attorneys argue that Musk, by failing to clearly disclose his investments in and intentions to buy Twitter, had influenced other shareholders’ decisions and put them at a disadvantage.

Discovery from that case in New York yielded correspondence between an unnamed person at Morgan Stanley, and the executive who manages Musk’s money, Jared Birchall. In the messages, the Morgan Stanley contact wrote in February 2022 that Musk’s Twitter stock-buying strategy was closely held.

“No one knows what is going on and why but you and me,” the person at Morgan Stanley wrote. “Not compliance, not anyone.”

Read the court filing below:

Elon Musk's X is a financial 'disaster,' co-authors of new book 'Character Limit' say

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Qualcomm recently approached Intel about a possible takeover

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Qualcomm recently approached Intel about a possible takeover

Qualcomm CEO Cristiano Amon speaks at the Computex forum in Taipei, Taiwan, June 3, 2024.

Ann Wang | Reuters

Qualcomm recently approached struggling chipmaker Intel about a takeover, CNBC has confirmed.

It wasn’t clear if Intel had engaged in conversations with Qualcomm or what the terms would be, according to a person familiar with the matter who asked not to be named because the information was confidential.

The Wall Street Journal was first to report on the matter. Intel shares initially popped on the news before closing up about 3%, while Qualcomm shares fell about 3% at the close. 

The deal, if it were to happen, would be one of the largest technology mergers ever. Intel has a market cap of over $90 billion.

Once the world’s largest chipmaker, Intel has for years been in a downward spiral that accelerated in 2024. The stock had its biggest one-day drop in over 50 years in August after the company reported disappointing earnings. Intel shares are down 53% this year as investors express doubts about the company’s costly plans to manufacture and design chips.

Qualcomm and Intel compete in several markets, including for PC and laptop chips. However, Qualcomm, unlike Intel, doesn’t manufacture its own chips, and instead relies on firms such as Taiwan Semiconductor Manufacturing Company and Samsung to handle production.

On Monday, after a board meeting to discuss strategy, Intel CEO Patrick Gelsinger sent a memo to staff that reiterated the company’s commitment to investing heavily in its foundry business, a project that could cost $100 billion over the next five years. It also said that it was weighing outside investment.

Intel has also missed out on the artificial intelligence boom that’s captured the attention of Wall Street. Most of the advanced AI programs, such as ChatGPT, run on Nvidia graphics processors, instead of Intel central processors. Nvidia has more than 80% of the fast-growing market, according to analysts.

Qualcomm generates less revenue than Intel. It reported $35.8 billion in sales in fiscal 2023, compared with Intel’s $54.2 billion during the same period.

A potential deal would be complicated by antitrust and national security matters. Both Intel and Qualcomm do business in China, and both have seen deals scuttled by Chinese antitrust enforcers. Intel was unsuccessful with its attempted acquisition of Tower Semiconductor, as was Qualcomm in its bid to acquire NXP Semiconductor.

Other giant acquisitions in the space have also been scuttled. In 2017, Broadcom made a bid to buy Qualcomm for more than $100 billion. The Trump administration blocked the deal the following year on national security concerns, because Broadcom was based in Singapore at the time. And in 2021, the Federal Trade Commission sued to block Nvidia’s attempted purchase of Arm on antitrust grounds. The deal was called off in 2022 following additional pressure from regulators in Europe and Asia.

Representatives for Qualcomm and Intel declined to comment.

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Apple iPhone 16, Apple Watch Series 10 and AirPods 4 debut around the world

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Apple iPhone 16, Apple Watch Series 10 and AirPods 4 debut around the world

Apple CEO Tim Cook: We're very excited about iPhone 16 demand

Apple on Friday greeted customers at its stores around the world for the debuts of the iPhone 16, Apple Watch Series 10 and AirPods 4.

The new products were announced at an event earlier this month and have been available for pre-order since Sept. 13. The company lit up the glass cube at its Fifth Avenue Apple Store in New York City, in a nod to the enhanced Siri, which will light up the borders of the new iPhone’s screen when that feature rolls out next month.

Apple’s fresh iPhones mark the company’s latest move into artificial intelligence, with new Apple Intelligence features that will begin to launch in October. The new features will allow customers to rewrite text, remove objects from photos and speak with an improved Siri. The software advancements will only be available on iPhone 16 and last year’s iPhone 15 Pro devices.

A view of Apple’s new iPhone 16 at an Apple Store on the Regent Street in London, United Kingdom on September 20, 2024. 

Rasid Necati Aslim | Anadolu | Getty Images

But Apple shares slid on Monday after analyst reports suggested that demand for the latest iPhones was lower than expected. TF Securities analyst Ming-Chi Kuo said in a note on Monday that first-weekend sales were down about 12% year over year from the iPhone 15 last year. Barclays, JPMorgan and Bank of America also noted shipping times could translate to lighter demand for the more expensive iPhone Pro models compared with last year.

CNBC’s Steve Kovach spoke with CEO Tim Cook outside Apple’s Fifth Avenue store and asked whether sales looked better or worse than last year. “I don’t know yet. It’s only the first hour, so we’ll see,” Cook said.

On Friday, UBS analysts suggested investors shouldn’t overreact to what appears to be lighter sales because that data is also collected by analyzing the wait times for new iPhone models and that those were longer last year due in part to supply chain disruptions.

Apple Store Fifth Avenue in New York

Steve Kovach| CNBC

“Ahead of the iPhone 16 announcement, our analysis suggested that a lack of a killer app and arguably somewhat half-baked introduction of Apple Intelligence would dampen demand,” the UBS analysts wrote. “While we still argue the collection of iPhone/iOS attributes are more evolutionary than revolutionary, we caution that investors not overreact to data that suggests somewhat initial tepid demand.”

The UBS analysts said supply chain disruptions last year “slightly distorted/extended last year’s data,” which led to longer wait times for customers for Pro models. Last year, UBS wrote, customers had a 41-day wait time for some iPhone 15 Pro Max pre-orders compared with a 26-day wait time for the iPhone 16 Pro Max this year.

“Nevertheless, data across all models and regions roughly a week post launch support our view that a super-cycle is not imminent as US and China data on the margin is disappointing relative to last year,” they wrote.

Devices of the new Apple Watch Series 10 model are on display after the presentation at Apple headquarters. 

Andrej Sokolow | Picture Alliance | Getty Images

The Apple Watch Series 10 offers a larger screen than that of earlier models. It will support, along with the earlier Series 9, new Sleep Apnea detection, as well as other fresh features. The AirPods 4 offer a refresh with a smaller charging case and an option with noise cancellation.

CNBC reviewed the new iPhone 16 Pro Max and the Apple Watch Series 10 earlier in the week.

— CNBC’s Michael Bloom and Steve Kovach contributed to this report.

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