Page 126 - Hollard Business Policy - Binder

2. Claims involving the same or directly related Wrongful Acts or Harmful Acts constitutes a single Claim, originating at the earliest date a Claim is first made alleging such Wrongful or Harmful Act;
3. the Company is only liable to pay that part of each Loss or Expenses that exceeds the applicable Deductible. The Deductible is applicable to each and every Claim;
4. should more than one of the Defined Events be applicable to a Claim, the highest of the applicable Deductibles stated in the Schedule shall be the sole Deductible applied. Any applicable time Deductible would apply in addition notwithstanding the aforementioned;
5. Neither General Provision 1 nor any other Extensions of cover contained in the Policy shall apply to the cover provided under this Section unless otherwise stated in the Schedule.
MEMORANDUM
This Section forms part of the Policy and to the extent of any inconsistency between the General Exceptions, Conditions and Provisions of the Policy and this Section, the General Exceptions, Conditions and Provisions of this Section will prevail.
SPECIFIC EXCEPTIONS
The Company shall 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 insuring Defined Event 1, or a Claim brought by an Insured resulting directly from a Claim otherwise covered under this Policy.
3. Insolvency
the Insured’s 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 6, this Exclusion does not apply to mental anguish or emotional distress resulting from the Insured’s Digital Multimedia Activities.
5. Employment practices
the Insured’s employment practices.
6. Service interruptions, professional services, product liability
6.1
6.2 6.3
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 the Insured’s 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;
the Insured failing or ceasing to provide a product or service; or
expiration, cancellation, alteration, withdrawal or recall of products or services and/or loss of use thereof.
Cyber Insurance (Claims-made Basis)
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Hollard Business Policy – Binder – Version 8 2024