Cyber Insurance coverage
Insuring Agreement 1 & 2 – Privacy & Network Security Liability, Third Party Coverage • We will pay Damages, Privacy Claims Expenses & Network Security Claims Expenses by reason of a Privacy Claim or Network Security Claim made by reason of any Privacy Wrongful Act or Network Security Wrongful Act.
A. Privacy/Network Security Claim means:
i. a written demand against you for monetary or non-monetary damages; ii. a civil proceeding against you seeking monetary damages or non-monetary or injunctive relief, commenced by the service of a complaint or similar pleading; iii. an arbitration proceeding against you seeking monetary damages or non-monetary or injunctive relief; iv. a Regulatory Proceeding; or v. written notice by you to us of a Privacy/Network Security Wrongful Act actually or allegedly committed by you which could give rise to a Privacy Claim or Network Security Claim under sections i-iv., above.
B. Privacy/Network Security Claims Expenses means:
i. reasonable and necessary solicitors’ fees, expert witness fees and other fees and costs incurred by us, or by you with our prior consent, in the investigation and defense of a covered Privacy Claim or Network Security Claim; ii. reasonable and necessary premiums for any appeal bond, attachment bond or similar bond, provided we shall have no obligation to apply for or furnish such bond; and iii. Incident Response Expenses.
Insuring Agreement 1 & 2 – Privacy & Network Security Liability, Third Party Coverage
C. Privacy Wrongful Act means any error, misstatement, misleading statement, act, omission, neglect, breach of duty, or Personal Injury offense actually or allegedly committed or attempted by you arising out of Computer Malicious Acts (including Malware, Hacking, Denial of Service Attacks, Unauthorised Use or Access) , resulting in the failure by you or by an independent contractor for which you are legally responsible to handle, manage, store, destroy or otherwise control:
Personal Data; or third party corporate information in any format provided to you and specifically identified as confidential and protected under a nondisclosure agreement or similar contract with you; or an unintentional violation of your privacy policy that results in the violation of any Privacy Regulation, including but not limited to the unintentional wrongful collection of Personal Data by you.
C. Network Security Wrongful Act means any error, misstatement, misleading statement, act, omission, neglect, breach of duty, or Personal Injury offense actually or allegedly committed or attempted by you, in capacity as such, resulting in a failure of Network Security, including the failure to deter, inhibit, defend against or detect any Computer Malicious Act, including: Malware; Hacking; Denial of Service Attacks; or Unauthorised Use or Access.
Insuring Agreement 3 – Media Liability, Third Party Coverage
We will pay Media Claims Expenses and Damages by reason of a Media Claim first made during the Policy Period by reason of any Media Wrongful Act Media Claim means: i. a written demand against you for monetary or non-monetary damages; ii. a civil proceeding against you seeking monetary damages or non-monetary or injunctive relief, commenced by the service of a complaint or similar pleading; iii. an arbitration proceeding against you seeking monetary damages or non-monetary or injunctive relief; or iv. written notice by you to us of a Media Wrongful Act actually or allegedly committed by you which could give rise to a Media Claim under sections i-iii., above.
Media Claims Expenses means: reasonable and necessary solicitors’ fees, expert witness fees and other fees and costs incurred by us, or by you with our prior consent, in the investigation and defense of a covered Media Claim; reasonable and necessary premiums for any appeal bond, attachment bond or similar bond, provided we shall have no obligation to apply for or furnish such bond; and subject to our prior approval, Incident Response Expenses incurred for public relations and crisis communications services provided under 2.16(d)(6).
Media Wrongful Act means any actual or alleged; disparagement or harm to the reputation or character of any person or organisation, defamation, libel, slander, product disparagement, trade libel, infliction of emotional distress, mental anguish and injurious falsehood; eavesdropping, false arrest, malicious prosecution, outrage or outrageous conduct; plagiarism, piracy or misappropriation of ideas in connection with any Media Content; infringement of copyright, domain name, trade dress, title or slogan, or the dilution or infringement of trademark, service mark, service name or trade name; but not actual or alleged infringement of any patent or Trade Secret; negligence with respect to the Insured’s creation or dissemination of Media Content;
committed by the Insured solely in the performance of providing Media Services as a result of Computer Malicious Acts (including Malware, Hacking, Denial of Service Attacks, Unauthorised Use or Access).
Insuring Agreement 4 – Cyber Extortion - First Party Coverage
We will pay Cyber Extortion Damages and Cyber Extortion Expenses, by reason of a Cyber Extortion Event .
A. Cyber Extortion Expenses means such reasonable and necessary expenses which directly result from a Cyber Extortion Event, including sums incurred to hire information technology consultants, public relations consultants, legal and regulatory consultants and crisis negotiators.
B. Cyber Extortion Damages means monies paid by you with our prior consent to terminate or end a CyberExtortionEvent; ourconsent will not be unreasonably withheld. Such monies will not exceed the amount we reasonably believe the loss would have been in the absence of these terms of coverage.
C. CyberExtortionEvent means any credible threat or connected series of threats made by a third party against you expressing intent to:
i. release, divulge, disseminate, destroy or use confidential or proprietary information, or personally identifiable information, stored on your Computer System; ii. alter, corrupt, damage, manipulate, misappropriate, delete or destroy Data, instructions or any electronic information transmitted or stored on your Computer System; iii. introduce any Malware which is designed to modify, alter, damage, destroy, delete, contaminate or degrade the integrity, quality or performance of Data, applications, network or operating system and related software; iv. initiate an attack on your Computer System that depletes the system’s resources or impedes system access available through the Internet to authorised users of the system; v. introduce a Malware or other material for the purpose of denying authorised users access to your Computer System; or vi. restrict or inhibit access to your Computer System.