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"Bodily injury", "property damage' or
<br />"personal and advertising injury" arising
<br />directly or indirectly out of any action or
<br />omission that violates or is alleged to
<br />violate:
<br />(1) The Telephone Consumer Protection
<br />Act (TCPA), including any amendment
<br />of or addition to 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 (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 />(4) Any other laws, statutes ordinances or
<br />regulations, that address, prohibit, or
<br />limit the printing, dissemination,
<br />disposal, collecting, recording,
<br />sending, transmitting, communicating
<br />or distribution of material or
<br />information.
<br />r. Access Or Disclosure Of Confidential
<br />Or Personal Information And Data -
<br />related Liability
<br />Damages arising out of
<br />(1) Any access to or disclosure of any
<br />person's or organization's confidential
<br />or personal information, including
<br />patents, trade secrets, processing
<br />methods, customer lists, financial
<br />information, credit card information,
<br />health information or any other type of
<br />nonpublic information; or
<br />(2) The loss of, loss of use of, damage to,
<br />corruption of, inability to access, or
<br />inability to manipulate electronic data.
<br />This exclusion applies even if damages
<br />are claimed for notification costs, credit
<br />monitoring expenses, forensic expenses,
<br />public relations expenses or any other
<br />loss, cost or expense incurred by you or
<br />others arising out of that which is
<br />described in paragraphs (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 computer
<br />programs stored as or on, created or used
<br />on, or transmitted to or from computer
<br />software including systems and
<br />applications software), on hard or floppy
<br />disks, CD-ROMs, tapes, drives, cells, data
<br />processing devices or any other
<br />repositories of computer software which
<br />are used with electronically controlled
<br />equipment. The term computer programs,
<br />referred to in the foregoing description of
<br />electronic data, means a set of related
<br />electronic instructions which direct the
<br />operations and functions of a computer or
<br />device connected to it, which enable the
<br />computer or device to receive, process,
<br />store, retrieve or send data.
<br />Exclusions c., d., a., g., h., and k., I., m., n.
<br />and o. above do not apply to damage to
<br />premises while rented to you or temporarily
<br />occupied by you with permission of the owner.
<br />A separate Damage to Premises Rented to
<br />You Limit of Insurance applies to this
<br />coverage as described in SECTION II —
<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 Another
<br />"Personal and advertising injury" caused
<br />by or at the direction of the insured with
<br />the knowledge that the act would violate
<br />the rights of another and would inflict
<br />"personal and advertising injury".
<br />b. Material Published With Knowledge of
<br />Falsity
<br />"Personal and advertising injury" arising
<br />out of oral or written publication, in any
<br />manner, of material, if done by or at the
<br />direction of the insured with knowledge of
<br />its falsity.
<br />c. Material Published Prior to Policy
<br />Period
<br />"Personal and advertising injury" arising
<br />out of oral or written publication, in any
<br />manner, of material whose first publication
<br />took place before the beginning of the
<br />policy period.
<br />d. Criminal Acts
<br />"Personal and advertising injury" arising
<br />out of a criminal act committed by or at the
<br />direction of the insured.
<br />e. Contractual Liability
<br />"Personal and advertising injury" for which
<br />the insured has assumed liability in a
<br />contract or agreement. This exclusion
<br />does not apply to liability for damages that
<br />the insured would have in the absence of
<br />the contract or agreement.
<br />391.1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission, Page 68 of 81
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