|
DATA BREACH COVERAGE - DEFENSE AND LIABILITY
<br />4. You must preserve all evidence of the "data
<br />breach".
<br />E. EXCLUSIONS
<br />This insurance does not apply to "loss":
<br />1. In connection with any "data breach claim"
<br />arising out of any criminal, fraudulent or
<br />dishonest act, error or omission, or any
<br />intentional or knowing violation of the law by
<br />any insured.
<br />2. For "bodily injury" or "property damage".
<br />However, this exclusion will not apply to a
<br />claim for mental injury, mental tension, mental
<br />anguish, or emotional distress directly relating
<br />to a "data breach".
<br />3. In connection with expenses arising out of any
<br />criminal investigations or proceedings or
<br />arising out of governmental action for the
<br />seizure or destruction of property by order of
<br />governmental authority, or war and military
<br />action including undeclared or civil war,
<br />insurrection rebellion, revolution or action
<br />taken by governmental authority in hindering
<br />or defending against any of these.
<br />4. In connection with any "suit" seeking only non -
<br />monetary damages.
<br />5. For any fines, penalties, or surcharges.
<br />6. For any cost to correct a deficiency in your
<br />systems, including but not limited to, data
<br />security, data storage or physical security and
<br />procedures.
<br />7. In connection with a "data breach claim"
<br />arising out of any shortcoming in a computer
<br />system that you knew about prior to the
<br />effective date of this Coverage Part. This
<br />includes any failure to take steps to use,
<br />design, maintain or upgrade a computer
<br />system and the inability to use, or lack of
<br />performance of software due to:
<br />a. expiration, cancellation, or withdrawal of
<br />such software;
<br />b. it not being released from its
<br />developmental state; or
<br />c. it not having passed all test runs or proven
<br />successful in applicable daily operations.
<br />Form SS 00 48 03 16
<br />8. In connection with a "data breach" arising out
<br />of the failure to apply or improper application
<br />of necessary software patches.
<br />9. In connection with a "data breach claim"
<br />arising out of any action or omission that
<br />violates or is alleged to violate:
<br />a. The Telephone Consumer Protection Act
<br />(TCPA), including any amendment of or
<br />addition to such law;
<br />b. The CAN-SPAM Act of 2003, including
<br />any amendment of, or addition to such
<br />law; or any statute, ordinance or
<br />regulation, other than the TCPA, or CAN-
<br />SPAM Act of 2003, that prohibits or limits
<br />the sending, transmitting, communicating
<br />or distribution of material or information.
<br />10. In connection with a "data breach claim" arising
<br />out of any discrimination of any kind, including
<br />but not limited to race, creed, religion, age,
<br />handicap, sex, marital status or financial
<br />condition; refusal to employ, termination of
<br />employment, coercion, demotion, evaluation,
<br />reassignment, discipline, harassment,
<br />humiliation, discrimination or any employment
<br />related practices, policies, acts, errors or
<br />omissions.
<br />11. In connection with a "data breach claim"
<br />arising out of any intentional or knowing
<br />violation of the Insured's privacy policy.
<br />12. In connection with a "data breach claim"
<br />arising out of any actual or alleged
<br />infringement or patent, trade secret, copyright,
<br />service mark, trademark, trade name, or
<br />misappropriation of ideas or any other
<br />intellectual property right.
<br />13. In connection with a "data breach claim"
<br />arising out of any rendering or failure to render
<br />any professional services for others, including
<br />without limitation, services performed by the
<br />Insured for or on behalf of a customer or client.
<br />14. In connection with a "data breach claim"
<br />arising out of any breach of any express,
<br />implied, actual or constructive contract,
<br />warranty, guarantee, or promise, including
<br />liability of others assumed by you under any
<br />contract or agreement or breach of contract,
<br />unless such liability would have attached to
<br />you in the absence of such an agreement.
<br />ew cF RAMwagementDMsian
<br />Jy/\'x REVIEWED & APPROVED BY.-
<br />V"°
<br />--� Risk janagement Analyst
<br />
|