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"Bodily injury", "property damage" or
<br />"personal and advertising in1ury"
<br />arising directly or indirectly out of any
<br />action or omission that violates or is
<br />alleged to violate:
<br />(1) The Telephone Consumer
<br />Protection Act (TCPA), including
<br />any amendment of or addition to
<br />such law; or
<br />(2) The CAN-SPAM Act of 2003.
<br />including any amendment of or
<br />addition to such law; or
<br />(3) The Fair Credit Reporting Act
<br />(FCRA), and any amendment of or
<br />addition to such law, including the
<br />Fair and Accurate Credit
<br />Transaction Act (FACTA); or
<br />(4) Any other laws, statutes
<br />ordinances or regulations, that
<br />address, prohibit, or limit the
<br />printing, dissemination, disposal,
<br />collecting, recording, sending,
<br />transmitting, communicating or
<br />distribution of material or
<br />information.
<br />r. Access Or Disclosure Of Confidential
<br />Or Personal Information And
<br />Data -related Liability
<br />Damages arising out of:
<br />(1) Any access to or disclosure of any
<br />person's or organization's
<br />confidential or personal
<br />information, including patents,
<br />trade secrets, processing
<br />methods, customer lists, financial
<br />information, credit card
<br />information, health information or
<br />any other type of nonpublic
<br />information: or
<br />(2) The loss of, loss of use of, damage
<br />to, corruption of, inability to
<br />access, or inability to manipulate
<br />electronic data.
<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 that which is described
<br />in paragraphs (1) or (2) above.
<br />However, unless paragraph (1) above
<br />applies, this exclusion does not apply
<br />to damages because of "bodily injury".
<br />As used in this exclusion, electronic
<br />data means information, facts or
<br />computer programs stored as or on,
<br />created or used on, or transmitted to
<br />or from computer software including
<br />systems and applications software), on
<br />hard or floppy disks, CD-ROMs, tapes,
<br />drives, cells, data processing
<br />devices or any other repositories of
<br />computer software which are used
<br />with electronically controlled
<br />equipment. The term computer
<br />programs, referred to in the
<br />foregoing description of electronic
<br />data, means a set of related
<br />electronic instructions which direct
<br />the operations and functions of a
<br />computer or device connected to it,
<br />which enable the computer or
<br />device to receive, process, store,
<br />retrieve or send data.
<br />Exclusions c., d., e., g., h., and k., I., m.,
<br />n. and o. above do not apply to damage
<br />to premises while rented to you or
<br />temporarily occupied by you with
<br />permission of the owner. A separate
<br />Damage to Premises Rented to You
<br />Limit of Insurance applies to this
<br />coverage as described in SECTION If -
<br />LIABILITY, D. Liability and Medical
<br />Expenses Limits of Insurance.
<br />2. Additional Exclusions Applicable Only to
<br />"Personal and Advertising Injury"
<br />This insurance does not apply to:
<br />a. Knowing Violation of Rights of
<br />Another
<br />"Personal and advertising injury"
<br />caused by or at the direction of the
<br />insured with the knowledge that the
<br />act would violate the rights of
<br />another and would inflict "personal
<br />and advertising injury".
<br />b. Material Published With Knowledge
<br />of Falsity
<br />"Personal and advertising injury"
<br />arising out of oral or written
<br />publication, in any manner, of
<br />material, if done by or at the
<br />direction of the Insured with
<br />knowledge of its falsity.
<br />c. Material Published Prior to Policy
<br />Period
<br />"Personal and advertising injury"
<br />arising out of oral or written
<br />publication, in any manner, of
<br />material whose first publication took
<br />place before the beginning of the
<br />policy period.
<br />d. Criminal Acts
<br />"Personal and advertising injury"
<br />arising out of a criminal act
<br />committed by or at the direction of
<br />the insured.
<br />e. Contractual Liabilitv
<br />"Personal am
<br />which the i
<br />liability in a
<br />This exclusic
<br />liability for da
<br />would have
<br />contractor a .
<br />RIA Marugannst Division
<br />RimEwEo&APPawta BY.
<br />A+1p Aa*44
<br />®
<br />Risk Management Specialist
<br />391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 68 of 81
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