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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 programs stored
<br />as or on, created or used on, or transmitted to
<br />or from computer software, including systems
<br />and applications software, hard or floppy
<br />disks, CD-ROMS, tapes, drives, cells, data
<br />processing devices or any other media which
<br />are used with electronically controlled
<br />equipment.
<br />q. Employment -Related Practices
<br />"Bodily injury" to:
<br />(1) A person arising out of any "employment-
<br />related practices"; or
<br />(2) The spouse, child, parent, brother or sister
<br />of that person as a consequence of "bodily
<br />injury" to that person at whom any
<br />"employment-related practices" are
<br />directed.
<br />This exclusion applies:
<br />(1) Whether the injury -causing event
<br />described in the definition of "employment-
<br />related practices" occurs before
<br />employment, during employment or after
<br />employment of that person;
<br />(2) Whether the insured may be liable as an
<br />employer or in any other capacity; and
<br />(3) To any obligation to share damages with
<br />or repay someone else who must pay
<br />damages because of the injury.
<br />r. Asbestos
<br />(1) "Bodily injury" or "property damage"
<br />arising out of the "asbestos hazard".
<br />(2) Any damages, judgments, settlements,
<br />loss, costs or expenses that:
<br />(a) May be awarded or incurred by reason
<br />of any claim or suit alleging actual or
<br />threatened injury or damage of any
<br />nature or kind to persons or property
<br />which would not have occurred in
<br />whole or in part but for the "asbestos
<br />hazard";
<br />(b) Arise out of any request, demand,
<br />order or statutory or regulatory
<br />requirement that any insured or others
<br />test for, monitor, clean up, remove,
<br />encapsulate, contain, treat, detoxify or
<br />neutralize or in any way respond to or
<br />assess the effects of an "asbestos
<br />hazard"; or
<br />(c) Arise out of any claim or suit for
<br />damages because of testing for,
<br />monitoring, cleaning up, removing,
<br />encapsulating, containing, treating,
<br />detoxifying or neutralizing or in any
<br />way responding to or assessing the
<br />effects of an "asbestos hazard".
<br />s. 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
<br />any 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 />Transaction Act (FACTA); or
<br />(4) Any federal, state or local statute,
<br />ordinance or regulation, other than the
<br />TCPA or 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
<br />or information.
<br />Damage To Premises Rented To You -
<br />Exception For Damage By Fire, Lightning Or
<br />Explosion
<br />Exclusions c. through h. and j. through n. do not
<br />apply to damage by fire, lightning or explosion to
<br />premises while rented to you or temporarily
<br />occupied by you with permission of the owner. A
<br />separate limit of insurance applies to this
<br />coverage as described in Section III - Limits Of
<br />Insurance.
<br />COVERAGE B PERSONAL AND ADVERTISING
<br />INJURY LIABILITY
<br />1. Insuring Agreement
<br />a. We will pay those sums that the insured
<br />becomes legally obligated to pay as damages
<br />because of "personal and advertising injury"
<br />to which this insurance applies. We will have
<br />the right and duty to defend the insured
<br />against any "suit" seeking those damages.
<br />However, we will have no duty to defend the
<br />insured against any "suit" seeking damages
<br />for "personal and advertising injury" to which
<br />this insurance does not apply. We may, at our
<br />discretion, investigate any offense and settle
<br />any claim or "suit" that may result. But:
<br />(1) The amount we will pay for damages is
<br />limited as described in Section III - Limits
<br />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
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