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monitoring expenses, forensic expenses,
<br />public relations expenses or any other loss,
<br />cost or expense incurred by you or others
<br />arising out of that which is described in
<br />Paragraph (1) or (2) above.
<br />However, unless Paragraph (1) above
<br />applies, this exclusion does not apply to
<br />damages because of "bodily injury".
<br />As used in this exclusion, electronic data
<br />means information, facts or programs stored
<br />as or on, created or used on, or transmitted
<br />to or from computer software, including
<br />systems and applications software, hard or
<br />floppy disks, CD-ROMS, tapes, drives, cells,
<br />data processing devices or any other media
<br />which are used with electronically controlled
<br />equipment.
<br />23. Limited Underlying Coverage
<br />Any injury, damage, loss, cost or expense,
<br />including but not limited to "bodily injury",
<br />"property damage" or "personal and
<br />advertising injury" for which:
<br />a. an "underlying insurance" policy or
<br />policies specifically provides coverage;
<br />but
<br />b. because of a provision within the
<br />"underlying insurance" such coverage is
<br />provided at a limit or limits of insurance
<br />that are less than the limit(s) for the
<br />"underlying insurance" policy or policies
<br />shown on the Schedule of Underlying
<br />Insurance Policies.
<br />24. Recording And Distribution Of Material
<br />Or Information In Violation Of Law
<br />Any injury, damage, loss, cost or expense,
<br />including but not limited to "bodily injury",
<br />"property damage", or "personal and
<br />advertising injury" arising directly or
<br />indirectly out of any action or omission that
<br />violates or is alleged to violate:
<br />a. The Telephone Consumer Protection
<br />Act (TCPA), including any amendment
<br />of or addition to such law;
<br />b. The CAN-SPAM Act of 2003, including
<br />any amendment of or addition to such
<br />law;
<br />c. The Fair Credit Reporting Act (FCRA),
<br />and any amendment of or addition to
<br />such law, including the Fair and
<br />Accurate Credit Transaction Act
<br />(FACTA); or
<br />d. Any federal, state or local statute,
<br />ordinance or regulation, other than the
<br />TCPA, CAN-SPAM Act of 2003 or
<br />FCRA and their amendments and
<br />additions, that addresses, prohibits or
<br />limits the printing, dissemination,
<br />disposal, collecting, recording, sending,
<br />Page 6 of 14
<br />transmitting, communicating or
<br />distribution of material or information.
<br />SECTION II - INVESTIGATION, DEFENSE,
<br />SETTLEMENT
<br />A. With respect to "bodily injury", "property
<br />damage" or "personal and advertising injury" to
<br />which this insurance applies (whether or not the
<br />"self -insured retention" applies) and
<br />1. For which no coverage is provided under
<br />any "underlying insurance"; or
<br />2. For which the underlying limits of any
<br />"underlying insurance" policy have been
<br />exhausted solely by payments of "damages"
<br />because of "occurrences" during the "policy
<br />period",
<br />We:
<br />1. Will have the right and the duty to defend
<br />any "suit" against the "insured" seeking
<br />"damages" on account thereof, even if such
<br />"suit" is groundless, false or fraudulent; but
<br />our right and duty to defend end when we
<br />have used up the applicable limit of
<br />insurance in the payment of judgments or
<br />settlements under coverages afforded by
<br />this policy;
<br />2. May make such investigation and settlement
<br />of any claim or "suit" as we deem expedient;
<br />3. Will pay all expenses incurred by us, all
<br />court costs taxed against the "insured" in
<br />any "suit" defended by us and all interest on
<br />the entire amount of any judgment therein
<br />which accrues after the entry of the
<br />judgment and before we have paid or
<br />tendered or deposited in court that part of
<br />the judgment which does not exceed the
<br />applicable limit of insurance. However, such
<br />costs do not include attorneys' fees,
<br />attorneys' expenses, witness or expert fees,
<br />or any other expenses of a party taxed to
<br />the insured;
<br />4. Will pay all premiums on appeal bonds
<br />required in any such "suit", premiums on
<br />bonds to release attachments in any such
<br />"suit" for an amount not in excess of the
<br />applicable limit of insurance, and the cost of
<br />bail bonds required of the "insured" because
<br />of an accident or traffic law violation arising
<br />out of the operation of any vehicle to which
<br />this policy applies, but we will have no
<br />obligation to apply for or furnish any such
<br />bonds;
<br />5. Will pay all reasonable expenses incurred by
<br />the "insured" at our request in assisting us in
<br />the investigation or defense of any claim or
<br />"suit", including actual loss of earnings not to
<br />exceed $500 per da "
<br />and the amounts so inc
<br />of claims and "suits," are
<br />yiper insured
<br />�oRaN RiskMmWmedDMsfan
<br />Z -:. ms:=REVIEWED & APPROVED BY.-
<br />} r
<br />P1. M44441
<br />Risk Management Analyst
<br />
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