COVERAGE

GENERIC

COMPANY A

COMPANY B

COMPANY C

Liability – Claims-made

No – ins agree 1

Yes – ins agree 2,3

All other – Discovery

Yes

INSURING AGREEMENT

Website publishing liability

Optional

Security breach liability

Optional

Programming errors and omissions liability

Optional

Replacement or restoration of electronic data

Optional

Extortion Threats

Optional

Business income and extra expense

Optional

Public Relations Expense

Optional

Security Breach Expense

Optional

LIMITS OF INSURANCE

COMPANY A

COMPANY B

COMPANY C

Policy aggregate limit

Yes

Insuring agreements aggregate

Yes

DEDUCTIBLE

COMPANY A

COMPANY B

COMPANY C

Dollar or percentage

Dollar

Liability deductible must be self-insured

Yes

Highest deductible for multiple

Yes

DEFENSE AND SETTLEMENT

COMPANY A

COMPANY B

COMPANY C

Duty to defend

Yes

Right to defend

Yes

Regulatory actions

Yes

Consent to settle

Yes

Consequences of not consenting to settle

Yes

EXCLUSIONS

COMPANY A

COMPANY B

COMPANY C

Acts of nature

Yes

War

Yes

Biological/nuclear release

Yes

Bodily injury/Property damage

Yes

Computer system failure

Yes

Lack of access to electronic data

Yes

Insufficient capacity

Yes

Activity overload

Yes

Network disruption

Yes

Power source fluctuation

Yes

RICO violations

Yes

Satellite failure or malfunction

Yes

Publishing false material

Yes

Contract or agreement

Yes

Patent or trade secret violation

Yes

Pollution

Yes

Prior claim or suit

Yes

Employment-related practices

Yes

Wrongful acts prior to retroactive date

Yes

Knowledge prior to effective date

Yes

Prior policy claim

Yes

Criminal acts

Yes

Willful violations

Yes

Governmental/regulatory action

Yes

Poor upkeep of computer system

Yes

Insured vs insured claim

Yes

Unintentional entry-related E&O

Yes

Contract-related fines, penalties

Yes

CONDITIONS

COMPANY A

COMPANY B

COMPANY C

Cancellation

Yes

Changes

Yes

Examination of books/records

Yes

Inspections and surveys

Yes

Premiums

Yes

Transfer of rights and duties

Yes

Subrogation

Yes

Bankruptcy

Yes

Representations

Yes

Changes in exposures

Yes

Other insurance

Yes

Legal action against insurer

Yes

Separation of insureds

Yes

Duties in event of claim or loss

Yes

Valuation settlement

Yes

Extended period to discover loss

Yes

Extended reporting periods

Yes

Confidentiality

Yes

Territory

Yes

Policy bridge – discovery replacing sustained

Yes

DEFINITIONS

COMPANY A

COMPANY B

COMPANY C

Application

Yes

Business income

Yes

Claim

Yes

Computer program

Yes

Computer system

Yes

Cyber incident

Yes

Defense expenses

Yes

Discover

Yes

E-commerce

Yes

Electronic data

Yes

Employee

Yes

Extortion expenses

Yes

Extortion threat

Yes

Extra expense

Yes

Hacker

Yes

Informant

Yes

Insured

Yes

Interrelated wrong acts

Yes

Interruption

Yes

Loss

Yes

Named insured

Yes

Negative publicity

Yes

Personal information

Yes

Pollutants

Yes

Privacy regulations

Yes

Public relations expense

Yes

Ransomware

Yes

Regulatory proceeding

Yes

Security breach

Yes

Security breach expenses

Yes

Subsidiary

Yes

Suit

Yes

Third party

Yes

Virus

Yes

Wrongful act

Yes

ENDORSEMENTS

COMPANY A

COMPANY B

COMPANY C