Overview
The difference between first- and third-party coverage can be confusing at first. The distinction essentially comes down to who is filing the claim: the policyholder or a third party. The distinction can seem nuanced even to insurance industry veterans. Below, we'll walk you through the main differences between the two types of coverage and how they relate to small business.
What is first-party coverage?
First-party coverage is any insurance plan that directly covers the policyholder’s losses. Organizations, individuals, or groups of individuals may be the policyholder for this type of liability coverage.Any insurer that the policyholder can directly file a claim with is offering the policyholder first-party coverage. Common examples of first-party insurance policies include:
Health insurance
Insurance policies that cover damage to the policyholder’s personal or business property due to natural disasters
Renters insurance
Certain auto insurance policies, such as:
Personal injury protection coverage
Uninsured motorist coverage
Medical payment coverage
Cyber insurance
In the event the policyholder’s insurance company closes, the insurer may transfer the plan to another insurer. Most states also have a guaranty association that further protects the policy.
What is third-party coverage?
Third-party coverage is a plan that covers a policyholder against the losses of others for which they may be held liable. Organizations can sign up for this type of coverage, just as with first-party coverage. The policy activates when a third party makes a claim against the insured policyholder. Common examples of third-party insurance include:
Auto liability insurance
Homeowner’s insurance for on-premises injuries to third parties
General commercial liability insurance
Commercial auto insurance
Umbrella insurance policies
Public liability insurance
Product liability insurance
First-party coverage vs. third-party coverage: The main difference
First-party coverage gives the policyholder a financial safety net against losses they incur directly. Third-party coverage does the same for unexpected incidents that happen to the policyholder but primarily cause losses for others.
Notably, cyber insurance can be either first- or third-party coverage, and cyber policies often include both types. Certain cyber insurance coverages, such as business interruption and extra expenses, cover the policyholder’s direct losses from a cyber incident. Others, such as Tech E&O insurance, protect organizations from liability when cyber incidents that affect the business result in customer or client losses.
Examples of first-party and third-party cyber insurance claims
Imagine an organization experiences a security failure that results in its systems going offline for two days, resulting in financial loss and extra expenses to bring the business back online. If the organization is insured under a cyber insurance policy, it can file a claim to cover these costs. This would be a first-party claim since it pertains to an incident that happened directly to the policyholder.
But the breach is severe, and the organization’s files containing its customers’ personal identifying information (PII) are also breached. If a threat actor uses this information to steal a customer’s identity and the customer experiences financial loss, the customer can sue the organization. The organization’s tech E&O coverage through its cyber insurance policy would kick in with third-party coverage to pay for the customer’s expenses.