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71 1403 1115 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
<br />Copyright Insurance Services Office, Inc., 1984, 1992, 2003, 2004, 2006, 2013 Page 8 of 10
<br />
<br />Access Or Disclosure Of
<br />Confidential Or Personal
<br />Information
<br />
<br />“Personal and advertising injury”
<br />arising out of any access to or
<br />disclosure of any person’s or
<br />organization’s confidential or personal
<br />information, including patents, trade
<br />secrets, processing methods,
<br />customer lists, financial information,
<br />credit card information, health
<br />information or any other type of
<br />nonpublic information,
<br />
<br />This exclusion applies even if
<br />damages are claimed for notification
<br />costs, credit monitoring expenses,
<br />forensic expenses, public relations
<br />expenses or any other loss, cost or
<br />expense incurred by you or others
<br />arising out of any access to or
<br />disclosure of any person’s or
<br />organization’s confidential or personal
<br />information.
<br />
<br />c. The following paragraph is added to
<br />Section III – Limits Of Insurance:
<br />
<br />Subject to 5. above, the most we will pay
<br />under Coverage A for “property damage”,
<br />because of all loss of “electronic data” is
<br />$50,000 each “occurrence” subject to the
<br />$50,000 aggregate or the Electronic Data
<br />Liability Limit shown in the Declarations or
<br />Schedule, whichever is higher.
<br />
<br />d. Paragraph XI.c. does not apply to
<br />“property damage” arising out of damage
<br />to “electronic data” on embedded
<br />controllers used to operate or maintain
<br />building equipment.
<br />
<br />e. The following definition is added to
<br />Section V -Definitions:
<br />“ Electronic data” means information, facts
<br />or programs stored as or on, created or
<br />used on, or transmitted to or from
<br />computer software including systems and
<br />applications software, hard or floppy disks,
<br />CD-ROMS, tapes, drives, cells, data
<br />processing devices or any other media
<br />which are used with electronically
<br />controlled equipment.
<br />
<br />f. For the purposes of this coverage, the
<br />definition of “Property Damage” in Section
<br />V - Definitions is deleted and replaced by
<br />the following:
<br />
<br />17. “Property damage” means:
<br />
<br />a. Physical injury to tangible
<br />property, including all resulting
<br />loss of use of that property. All
<br />such loss of use shall be deemed
<br />to occur at the time of the physical
<br />injury that caused it;
<br />
<br />b. Loss of use of tangible property
<br />that is not physically injured. All
<br />such loss of use shall be deemed
<br />to occur at the time of the
<br />“occurrence” that caused it; or
<br />
<br />c. Loss of, loss of use of, damage to,
<br />corruption of, inability to access,
<br />or inability to properly manipulate
<br />“electronic data”, resulting from
<br />physical injury to tangible
<br />property. All such loss of
<br />“electronic data” shall be deemed
<br />to occur at the time of the
<br />“occurrence” that caused it.
<br />
<br />For the purposes of this insurance,
<br />“electronic data” is not tangible
<br />property.
<br />
<br />XII. Duties in the Event of Occurrence, Claim or
<br />Suit Redefined
<br />a. The requirement in Condition 2.a. of
<br />Section IV – Commercial General
<br />Liability Conditions that you must see to
<br />it that we are notified of an “occurrence”
<br />only applies when the “occurrence” or
<br />offense is known to:
<br />
<br />(1) You, if you are an individual;
<br />
<br />(2) A partner, if you are a partnership; or
<br />
<br />(3) An officer of the corporation or
<br />insurance manager, if you are a
<br />corporation.
<br />
<br />b. The requirement in Condition 2.b. of
<br />Section IV – Commercial General
<br />Liability Conditions that you must see to
<br />it that we receive notice of a claim or “suit”
<br />will not be considered breached unless
<br />DocuSign Envelope ID: C56EFCA2-9A8B-45D2-8D7A-1B34C53E113B
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