COVERAGE A–BODILY INJURY AND PROPERTY DAMAGE LIABILITY

2. Exclusions

q. Recording and Distribution of Material or Information in Violation of Law (04 13 change)

The 04 13 edition retitles this exclusion by adding the words “Recording and” preceding the rest of the title. The change in this exclusion incorporates CG 00 68–Recording and Distribution of Material or Information in Violation of Law Exclusion that was previously a mandatory endorsement.

Insurance coverage does not apply to bodily injury or property damage that arises directly or indirectly out of any act or omission that violates or allegedly violates:

• The Telephone Consumer Protection Act (TCPA), including its amendments or additions
• The CAN-SPAM Act of 2003, including its amendments or additions
• The Fair Credit Reporting Act (FRCA). This includes any and all of its amendments plus related acts such as the Fair and Accurate Credit Transactions Act (FACTA) (04 13 change)
• Any other statute, ordinance, or regulation that prohibits or limits sending, transmitting, communicating, printing, disseminating, disposing of, transmitting, or distributing material or information. (04 13 change)

Note: This exclusion does not state that the named insured or even an insured must be the violator. As a result, situations could arise where an insured or the named insured is not aware that its computers have been hacked to violate the act and coverage still does not apply.

COVERAGE B–PERSONAL AND ADVERTISING INJURY LIABILITY

2. Exclusions

p. Recording and Distribution of Material or Information in Violation of Law (04 13 change)

The 04 13 edition retitles this exclusion by adding the words “Recording and” preceding the rest of the title. The change in this exclusion incorporates CG 00 68–Recording and Distribution of Material or Information in Violation of Law Exclusion that was previously a mandatory endorsement.

Insurance coverage does not apply to personal and advertising injury that arises directly or indirectly out of any act or omission that violates or allegedly violates:

• The Telephone Consumer Protection Act (TCPA), including its amendments or additions
• The CAN-SPAM Act of 2003, including its amendments or additions
• The Fair Credit Reporting Act (FRCA). This includes any and all of its amendments plus related acts such as the Fair and Accurate Credit Transactions Act (FACTA) (04 13 change)
• Any other statute, ordinance or regulation that prohibits or limits sending, transmitting, communicating, printing, disseminating, disposing of, transmitting, or distributing material or information. (04 13 change)

Note: This exclusion does not state that the named insured or even an insured must be the violator. As a result, situations could arise where an insured or the named insured is not aware that its computers have been hacked to violate the act and coverage still does not apply.