Page 85 - Sectional Title Policy Wording

Cyber Insurance (Claims-made Basis)
SPECIFIC EXCEPTIONS
Hollard will not be liable for any payment in connection with any Claim based upon, arising out of, or resulting from:
1. Prior circumstances and litigation
any circumstance which occurred or allegedly occurred prior to the Retroactive Date or the inception of this Section, whichever occurs first, or any circumstance where any written notice was given or accepted under any policy to which this Section is attached, as a renewal or a replacement.
2. Insured versus insured
or brought or maintained by or on behalf of any Insured, except for Wrongful Acts resulting in an actual or potential Privacy Breach covered under Defined Event 1, or a Claim brought by an Insured resulting directly from a Claim otherwise covered under this Policy;
3. Insolvency
Your insolvency, bankruptcy or any business rescue practices.
4. Bodily injury and property damage
any bodily, mental or emotional injury, anguish or distress, sickness, disease or death, or physical damage to, impairment, corruption or destruction of any tangible property including loss of use thereof. Data is not considered tangible property. For Defined Event 5, this Exclusion does not apply to mental anguish or emotional distress resulting from the Insured’s Digital Multimedia Activities.
5. Employment practices
Your employment practices.
6. Service interruptions, professional services, product liability
6.1 6.1.1 service interruption or failure of satellites;
6.1.2 electrical or mechanical failures or interruptions;
6.1.3 outages of or interruption to supply of fuels, telecommunications or other infrastructure or services, unless under Your operational control or the Claim arises from a Network Security Breach;
6.1.4 failure, gradual deterioration or theft of overhead transmission, distribution lines or subterranean insulation or cabling;
6.2 Your failing or ceasing to provide a product or service; or
6.3 expiration, cancellation, alteration, withdrawal or recall of products or services and/or loss of use thereof.
7. Fees
for any fees, commissions, expenses or costs paid to or charged by You.
8. Contractual breach
liability assumed by You under any contract or agreement unless such liability would have existed in the absence of such contract or agreement.
9. Pollution
9.1 the presence of actual, alleged or threatened discharge, dispersal, release, or escape of pollutants or contamination of any kind;
9.2 direction or request to in any way respond to or assess the effects of pollutants or contamination of any kind; or
9.3 the existence, emission or discharge of any electromagnetic field/radiation or electromagnetism that affects any person, the environment or property.
For this Exclusion contamination shall not include Malicious Code.
10. Securities, fiduciary, intellectual property
10.1 shares and other securities, including violation of any securities law;
10.2 racketeering, money laundering, anti-trust violations or restraint of trade or unfair competition;
Sectional Title Insurance Policy Wording – Version 4 2023
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