Laserfiche WebLink
discretion, investigate any offense and settle use another's "advertising idea" in your <br /> any claim or"suit"that may result. But: "advertisement". <br /> (1) The amount we will pay for damages is g. Quality Or Performance Of Goods — <br /> limited as described in Section III — Limits Failure To Conform To Statements <br /> Of Insurance; and "Personal and advertising injury"arising out of <br /> (2) Our right and duty to defend end when we the failure of goods, products or services to <br /> have used up the applicable limit of conform with any statement of quality or <br /> insurance in the payment of judgments or performance made in your"advertisement". <br /> settlements under Coverages A or B or h. Wrong Description Of Prices <br /> medical expenses under Coverage C. <br /> N "Personal and advertising injury"arising out of <br /> o other obligation or liability to pay sums or <br /> the wrong description of the price of goods, <br /> perform acts or services is covered unless products or services. <br /> explicitly provided for under Supplementary <br /> Payments—Coverages A and B. i. Infringement Of Intellectual Property <br /> Rights <br /> b. This insurance applies to "personal and <br /> advertising injury" caused by an offense (1) "Personal and advertising injury" arising <br /> arising out of your business but only if the out of any actual or alleged infringement <br /> offense was committed in the "coverage or violation of any intellectual property <br /> territory" during the policy period. rights such as copyright, patent, <br /> trademark, trade name, trade secret, trade <br /> 2. Exclusions dress, service mark or other designation <br /> This insurance does not apply to: of origin or authenticity; or <br /> a. Knowing Violation Of Rights Of Another (2) Any injury or damage alleged in any clam <br /> "Personal and advertising injury" arising out of or "suit" that also alleges an infringement <br /> an offense committed by, at the direction or or violation of any intellectual property <br /> with the consent or acquiescence of the right, whether such allegation of <br /> insured with the expectation of inflicting infringement or violation is made by you or <br /> "personal and advertising injury". by any other party involved in the claim or <br /> b. Material Published With Knowledge Of "suit", regardless of whether this <br /> Falsity <br /> insurance would otherwise apply. <br /> "Personal and advertising injury" arising out of However, this exclusion does not apply if the <br /> only allegation in the claim or "suit" involving <br /> oral, written or electronic publication, in any manner, of material, if done by or at the any intellectual property right is limited to: <br /> direction of the insured with knowledge of its (1) Infringement, in your"advertisement", of: <br /> falsity. (a) Copyright; <br /> c. Material Published Prior To Policy Period (b) Slogan; or <br /> "Personal and advertising injury" arising out of (c) Title of any literary or artistic work; or <br /> oral, written or electronic publication, in any 2 Copying, <br /> manner, of material whose first publication ( ) in your "advertisement", a <br /> person's or organization's "advertising <br /> took place before the beginning of the policy idea"or style of"advertisement". <br /> period. <br /> d. Criminal Acts j. Insureds In Media And Internet Type <br /> Businesses <br /> "Personal and advertising injury" arising out of "Personal and advertising injury" committed <br /> a criminal act committed by or at the direction by an insured whose business is: <br /> of the insured. <br /> e. Contractual Liability (1) Advertising, broadcasting, publishing or <br /> telecasting; <br /> "Personal and advertising injury"for which the (2) Designing or determining content of web <br /> insured has assumed liability in a contract or sites for others; or <br /> agreement. This exclusion does not apply to <br /> liability for damages that the insured would (3) Internet search, access, content or <br /> se <br /> have in the absence of the contract or service provider. <br /> agreement. However, this exclusion does not apply to <br /> f. Breach Of Contract Paragraphs a., b. and c. of the definition of <br /> "personal and advertising injury" under the <br /> "Personal and advertising injury'arising out of a Definitions Section. <br /> breach of contract, except an implied contract to <br /> HG 00 01 09 16 Page 7 of 21 <br />