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Page 6 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13
<br />This exclusion applies even if the claims
<br />against any insured allege negligence or other
<br />wrongdoing in the supervision, hiring,
<br />employment, training or monitoring of others by
<br />that insured, if the "occurrence" which caused
<br />the "bodily injury" or "property damage",
<br />involved the rendering of or failure to render
<br />any professional service.
<br /> t. Electronic Data
<br />Damages arising out of the loss of, loss of use
<br />of, damage to, corruption of, inability to access
<br />or inability to manipulate electronic data.
<br />However, this exclusion does not apply to
<br />liability for damages because of "bodily injury".
<br />As used in this exclusion, electronic data
<br />means information, facts or programs stored as
<br />or on, created or used on, or transmitted to or
<br />from computer software, including systems and
<br />applications software, hard or floppy disks, CD-
<br />ROMs, tapes, drives, cells, data processing
<br />devices or any other media which are used
<br />with electronically controlled equipment.
<br />This exclusion does not apply if valid
<br />"underlying insurance" for the electronic data
<br />risks described above exists or would have
<br />existed but for the exhaustion of underlying
<br />limits for "bodily injury" and "property damage".
<br />The insurance provided under this Coverage
<br />Part will follow the same provisions, exclusions
<br />and limitations that are contained in the
<br />applicable "underlying insurance", unless
<br />otherwise directed by this insurance.
<br /> u. Recording And Distribution Of Material Or
<br />Information In Violation Of Law
<br />"Bodily injury" or "property damage" arising
<br />directly or indirectly out of any action or
<br />omission that violates or is alleged to violate:
<br /> (1) The Telephone Consumer Protection Act
<br />(TCPA), including any amendment of or
<br />addition to such law;
<br />(2) The CAN-SPAM Act of 2003, including any
<br />amendment of or addition to such law;
<br />(3) The Fair Credit Reporting Act (FCRA), and
<br />any amendment of or addition to such law,
<br />including the Fair and Accurate Credit
<br />Transactions Act (FACTA); or
<br /> (4) Any federal, state or local statute,
<br />ordinance or regulation, other than the
<br />TCPA, CAN-SPAM Act of 2003 or FCRA
<br />and their amendments and additions, that
<br />addresses, prohibits, or limits the printing,
<br />dissemination, disposal, collecting,
<br />recording, sending, transmitting,
<br />communicating or distribution of material or
<br />information.
<br />COVERAGE B – PERSONAL AND ADVERTISING
<br />INJURY LIABILITY
<br /> 1. Insuring Agreement
<br /> a. We will pay on behalf of the insured the
<br />"ultimate net loss" in excess of the "retained
<br />limit" because of "personal and advertising
<br />injury" to which this insurance applies. We will
<br />have the right and duty to defend the insured
<br />against any "suit" seeking damages for such
<br />"personal and advertising injury" when the
<br />"underlying insurance" does not provide
<br />coverage or the limits of "underlying insurance"
<br />have been exhausted. When we have no duty
<br />to defend, we will have the right to defend, or
<br />to participate in the defense of, the insured
<br />against any other "suit" seeking damages to
<br />which this insurance may apply. However, we
<br />will have no duty to defend the insured against
<br />any "suit" seeking damages for "personal and
<br />advertising injury" to which this insurance does
<br />not apply. At our discretion, we may investigate
<br />any offense that may involve this insurance
<br />and settle any resultant claim or "suit" for which
<br />we have the duty to defend. But:
<br /> (1) The amount we will pay for the "ultimate net
<br />loss" is limited as described in Section III –
<br />Limits Of Insurance; and
<br /> (2) 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 A or B.
<br />No other obligation or liability to pay sums or
<br />perform acts or services is covered unless
<br />explicitly provided for under Supplementary
<br />Payments – Coverages A and B.
<br /> b. This insurance applies to "personal and
<br />advertising injury" that is subject to an
<br />applicable "retained limit". If any other limit,
<br />such as a sublimit, is specified in the
<br />"underlying insurance", this insurance does not
<br />apply to "personal and advertising injury"
<br />arising out of that exposure unless that limit is
<br />specified in the Declarations under the
<br />Schedule of "underlying insurance".
<br /> c. This insurance applies to "personal and
<br />advertising injury" caused by an offense arising
<br />out of your business but only if the offense was
<br />committed in the "coverage territory" during the
<br />policy period.
<br />DocuSign Envelope ID: DC5B2AF0-5D05-4958-9D51-19C713A82630
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