Technology Form - ACE Group

More documents

Recommendations

Info

A. alleging, based upon, arising out of or attributable to any dishonest, fraudulent, criminal, malicious orintentional act, error or omission, or any intentional or knowing violation of the law by an Insured.However, this exclusion shall not apply to Claims Expenses or the Insurer’s duty to defend any suchClaim until there is a judgment against, binding arbitration against, adverse admission by, finding of factagainst, or plea of nolo contendere or no contest by the Insured, at which time the Insured shallreimburse the Insurer for any Claims Expenses paid by the Insurer. Solely with respect to theapplicability of this exclusion under Insuring Agreements C and D, only facts pertaining to and knowledgepossessed by any principal, partner, officer, director or organizational equivalent of an Insured shall beimputed to other Insureds.B. alleging, based upon, arising out of or attributable to any Bodily Injury or Property Damage.C. for breach of any express, implied, actual or constructive contract, warranty, guarantee, or promise,including any actual or alleged liability assumed by the Insured, unless such liability would have attachedto the Insured even in the absence of such contract, warranty, guarantee, or promise. This exclusion willnot apply to that part of a Claim alleging the unintentional failure to perform Technology Services orMiscellaneous Professional Services with a reasonable standard of care and consistent with industrystandards.D. alleging, based upon, arising out of or attributable to the provision of Technology Services, ElectronicMedia Activities or Miscellaneous Professional Services, or Technology Products, for any entity if atthe time these services were performed or products provided:1. any Insured, or any other natural person or entity for whom or which an Insured is legally liable, wasa partner, director, officer or employee of such entity; or2. any Insured, or any other natural person or entity for whom or which an Insured is legally liable,owned, directly or indirectly, 10% or more of any such entity if it was a publicly held company, or 30%or more of any such entity if it was a privately held company.E. brought or maintained by, on behalf of, or in the right of any Insured, or any other natural person or entityfor whom or which an Insured is legally liable. However, this exclusion shall not apply to Wrongful Actsexpressly covered under Section I, Insuring Agreement D.F. alleging, based upon, arising out of or attributable to any:1. illegal discrimination of any kind;2. humiliation, harassment or misconduct based upon, arising out of or related to any suchdiscrimination;3. Wrongful Employment Practices.G. alleging, based upon, arising out of or attributable to any price fixing, restraint of trade, monopolization,unfair trade practices or other violation of the Federal Trade Commission Act, the Sherman Anti-Trust Act,the Clayton Act, or any other federal statutory provision involving antitrust, monopoly, price fixing, pricediscrimination, predatory pricing or restraint of trade activities, and any amendments thereto or any rulesor regulations promulgated thereunder or in connection with such statutes, or any similar provision of anyfederal, state, or local statutory law or common law anywhere in the world. However, with respect to aWrongful Act expressly covered under Insuring Agreements C or D, this exclusion shall not apply to aRegulatory Proceeding or Consumer Redress Fund for that portion of Damages or Claims Expensesallocated to numbered paragraph 5 of the definition of Privacy Regulations.H. alleging, based upon, arising out of or attributable to the violation of:1. the Employee Retirement Income Security Act of 1974, as amended;2. the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of1940, the Investment Advisors Act, or any other federal, state or local securities law,any rules or regulations promulgated thereunder, amendments thereof, or any similar federal, state orcommon law.I. alleging, based upon, arising out of or attributable to the gaining in fact of any profit, remuneration orfinancial advantage to which any Insured was not legally entitled. However, this exclusion shall not applyto Claims Expenses or the Insurer’s duty to defend any such Claim until there is a judgment against,binding arbitration against, adverse admission by, finding of fact against, or plea of nolo contendere or nocontest by the Insured, at which time the Insured shall reimburse the Insurer for any Claims ExpensesPF-26997 (05/09) © 2009 Page 8 of 18
paid by the Insurer. Solely with respect to the applicability of this exclusion under Insuring Agreements Cand D, only facts pertaining to and knowledge possessed by any principal, partner, officer, director ororganizational equivalent of an Insured shall be imputed to other Insureds.J. alleging, based upon, arising out of or attributable to any fees, expenses, or costs paid to or charged bythe Insured.K. alleging, based upon, arising out of or attributable to a Wrongful Act actually or allegedly committed priorto the beginning of the Policy Period if, on or before the earlier of the effective date of this Policy or theeffective date of any Policy issued by the Insurer of which this Policy is a continuous renewal or areplacement, any principal, partner, officer, director or organizational equivalent of the Insured knew orreasonably could have foreseen that the Wrongful Act did or could lead to a Claim.L. alleging, based upon, arising out of, or attributable to:1. any prior or pending litigation, Claims, demands, arbitration, administrative or regulatory proceedingor investigation filed or commenced on or before the earlier of the effective date of this Policy or theeffective date of any policy issued by the Insurer of which this Policy is a continuous renewal or areplacement, or alleging or derived from the same or substantially the same fact, circumstance orsituation underlying or alleged therein; or2. any other Wrongful Act whenever occurring which, together with a Wrongful Act underlying oralleged therein would constitute Interrelated Wrongful Acts.M. alleging, based upon, arising out of, or attributable to:1. any Wrongful Act, fact, circumstance or situation which has been the subject of any written noticegiven under any other policy before the effective date of this Policy; or2. any other Wrongful Act whenever occurring which, together with a Wrongful Act which has beenthe subject of such notice, would constitute Interrelated Wrongful Acts.N. alleging, based upon, arising out of or attributable to:1. the actual, alleged or threatened discharge, dispersal, release, escape, seepage, migration ordisposal of Pollutants; or2. any direction or request that any Insured test for, monitor, clean up, remove, contain, treat, detoxifyor neutralize Pollutants, or any voluntary decision to do so.O. alleging, based upon, arising out of or attributable to any electrical or mechanical failures or interruption,including but not limited to any electrical disturbance, surge, spike, brownout or blackout, and outages togas, water, telephone, cable, satellite, telecommunications or other infrastructure. However, thisexclusion shall not apply to failures, interruptions, disturbances or outages of telephone, cable ortelecommunications infrastructure under the Insured’s operational control which are a result of theInsured’s Wrongful Act.P. alleging, based upon, arising out of or attributable to any failure, interruption, or outage to Internet accessservice provided by the Internet service provider that hosts the Insured’s Website, unless suchinfrastructure is under the Insured’s operational control.However, this exclusion shall not apply to Insuring Agreement F.Q. alleging, based upon, arising out of or attributable to the inaccurate, inadequate, or incomplete descriptionof the price of goods, products or services, the disclosure of fees, the failure to meet deadlines, or as aresult of the Insured’s cost guarantees, cost representations, contract price, pricing guarantees orestimates of probable costs or cost estimates being exceeded, or any guarantee or promise of costssavings, return on investment, or profitability.R. alleging, based upon, arising out of or attributable to fire, smoke, explosion, lightning, wind, flood,earthquake, volcanic eruption, tidal wave, landslide, hail, act of God or any other physical event, howevercaused.S. alleging, based upon, arising out of or attributable to war, invasion, acts of foreign enemies, hostilities orwarlike operations (whether war is declared or not), strike, lock-out, riot, civil war, rebellion, revolution,insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurpedpower.PF-26997 (05/09) © 2009 Page 9 of 18
Page 1 and 2: ACE American Insurance CompanyIllin
Page 3 and 4: ACE American Insurance CompanyIllin
Page 5 and 6: 3. matters uninsurable under the la
Page 7 and 8: AA.BB.CC.DD.EE.FF.GG.HH.2. other no
Page 9: III.PP.d. the infringement of copyr
Page 13 and 14: any principal, partner, officer, di
Page 15 and 16: VII.VIII.shall reduce such Aggregat
Page 17 and 18: X. ALLOCATIONA. If Damages, in part
Page 19 and 20: XVI.XVII.XVIII.XIX.XX.SUBROGATIONIn

Technology Form - ACE Group

Create successful ePaper yourself

Delete template?

Save as template?