DATA SECURITY AND CLIENT NETWORK INFECTION COVERAGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
- DAILY MONEY MANAGERS PROFESSIONAL LIABILITY INSURANCE POLICY
In consideration of the premium paid, and subject to the terms and conditions of the Policy not otherwise modified herein, it is hereby understood and agreed that:
Clause I. Insuring Agreement is amended to include the following:
C - DATA SECURITY BREACH AND CLIENT NETWORK INFECTION COVERAGE
To pay on behalf of any Assured:
Damages and Claims Expenses, in excess of the Each Claim Deductible, which the Assured shall become legally obligated to pay because of any Claim first made against any Assured and reported in writing to the Underwriters during the Period Of Insurance or Extended Reporting Period (if applicable) arising out of:
- any Data Security Breach of any Data Security System maintained by the Assured for the storage of Confidential Information pertaining to the Assured's clients in the Assured's rendering of Professional Services; or
- any Client Network Infection.
Multiple Claims by more than one claimant arising out of the same Data Security Breach or Client Network Infection will be considered a single Claim for purposes of applying the per-claim Limit of Liability and deductible.
For purposes of this endorsement, the following terms have the following meanings:
"Data Security System" means the Assured's computer system and/or computerized network utilized by the Assured to store and/or retrieve Confidential Information concerning the Assured's clients in connection with the Assured's rendering of Professional Services.
"Data Security Breach" means the actual breach, violation, unauthorized interception, unauthorized use, or misuse by any person not employed by, an agent of, or otherwise affiliated with or authorized by the Assured, of any Data Security System maintained by the Assured for the purpose of maintaining Confidential Information concerning the Assured's clients in the Assured's provision of Professional Services.
"Client Network Infection" means the actual diagnosed transmittal from the Assured's Data Security System to the computer system of a client for whom the Assured is performing Professional Services of a computer virus or other electronic infection which causes damage to the client's computer or computer network or disrupts the client's business.
"Confidential Information" means personal and/or financial information of a sensitive nature including but not limited to account numbers, account balances, financial statements, tax returns, social security numbers, and medical and/or healthcare information protected by HIPAA.
- The coverage under this Endorsement does not apply to Damages or Claims Expenses in connection with or resulting from:
- any Claim arising from the intentional release or disclosure of confidential information by the Assured which is alleged to be in violation of any statute, regulation, ethical rule, court or arbitral order, confidentiality agreement, or any other provision of this Policy.
- any Claim arising from the Assured's intentional transmittal of a virus or other electronic infection.
- the costs of repairing, replacing, or modifying the Assured's Data Security System or clearing the Assured's Data Security System of viruses and electronic infections, either preventatively or in response to a Data Security Breach, Client Network Infections, and/or Claim against the Assured.
- any Claim for Damages arising out of Bodily Injury to sickness, disease or death of any person, or to injury to or destruction of tangible property, including the loss of use thereof.
- any Claim for Damages made by any Employee or agent of the Assured.
- any Data Security Breach or Client Network Infection occasioned by acts of God, war, riot, civil commotion, insurrection or usurpation of governmental power.
- any Data Security Breach or Client Network Infection brought about by reason of any governmental authority seizing or gaining access to the Assured's computer or Data Security System.
- any proceedings initiated against the Assured before a governmental agency in connection with a Data Security Breach or Client Network Infection, including any audit or other investigation by such governmental agency.
- any Claim made by a client of the Assured arising out of the transmittal of a computer virus or other electronic infection from that same client's computer network to the Assured's Data Security System.
- Limits of Liability under this endorsement:
- Limit of Liability for DATA SECURITY BREACH AND CLIENT NETWORK INFECTION;
- The DATA SECURITY BREACH AND CLIENT NETWORK INFECTION Limit of Liability stated in the Declarations as "per Claim" is the limit of the Underwriters' liability for all Damages and Claims Expenses arising out of the same, related or continuing Professional Services without regard to the number of Assureds, Claims or claimants.
- The DATA SECURITY BREACH AND CLIENT NETWORK INFECTION Limit of Liability stated in the Declarations as "Aggregate" is the total limit of the Underwriters' liability for all Damages and Claims Expenses arising out of Claims or circumstances which might lead to a Claim first made and reported to the Underwriters during the Period of Insuranc or during the Extended Reporting Period and Claims arising out of the same, related or continuing Professional Services as such Claims or circumstances which might lead to a Claim.
Clause VI: Limit of Liability is amended to include the following:
The Aggregate Limit of Liability for all coverages indicated in the Declarations is the most Underwriters' will pay in the aggregate for all amounts payable by Underwriters' for all coverages afforded under this Policy.
- For purposes of this endorsement with respect to the DATA SECURITY BREACH AND CLIENT NETWORK INFECTION Coverage as set forth in Paragraph 1. Above the following Conditions are added:
Conditions
- In the event the Assured becomes aware of a Data Security Breach or Client Network Infection, the Assured shall promptly notify Underwriters of such occurrence regardless of whether a Claim has been made against the Assured.
- With respect to any actual or potential Claim under this Endorsement, the Assured consents to Underwriters engaging, at their own expense, a computer forensics specialist or security specialist to investigate an alleged Data Security Breach or Client Network Infection, and the Assured agrees to cooperate fully with such specialist.
- It is a condition precedent to coverage and our liability under this Policy that at all times during the Period of Insurance the Assured shall:
- maintain anti-virus and malware prevention solutions on the Assured's Data Security System and update the protection at regular intervals;
- maintain firewalls on its Data Security System; and
- maintain and implement ongoing patch management process to ensure timely patching of its Data Security System.
All other terms and conditions of this Policy remain unchanged.
Data Security and Client Network Infection Coverage Endorsement (12/14)

