Page 185 - Binder2

Endorsement 005 - Exclusion: Cyber Risks

The following clause and definitions are added to and incorporated into the policy and shall replace
and supersede any existing and comparable provision:

1. The policy shall exclude:

1.1.1. any actual or alleged loss, damage, liability, bodily injury, personal injury, compensation,
medical payment, claim or cost, defence cost, expense, statutory fine or penalty or any
other amount incurred or accruing by the insured, howsoever incurred or accruing, directly
or indirectly arising out of, caused by, contributed to, resulting from, or in connection with
any of the following:

a) an unauthorised, malicious or criminal act or series of related unauthorised, malicious or
criminal acts, regardless of time and place, or the threat or hoax of such acts, involving
access to, processing of, use of or operation of any computer system;
b) any failure to act, error or omission or series of related failures to act, errors or omissions
involving access to, processing of, use of or operation of any computer system;
c) any partial or total unavailability or failure or series of related partial or total unavailability or
failures to access, process, use or operate any computer system; or
d) any breach of duty (including statutory or regulatory duty), or breach of trust or any series of
related breaches of duty (including statutory or regulatory duty) or breaches of trust involving
or affecting the use or operation of, or access to, any computer system.

1.1.2. any actual or alleged loss, damage, liability, bodily injury, compensation, claim or cost,
defence cost, expense, statutory fine or penalty or any other amount incurred or accruing
by the insured, howsoever incurred or accruing, directly or indirectly caused by, contributed
to by, resulting from, arising out of or in connection with any loss of use, reduction in
functionality, repair, replacement, restoration or reproduction of any electronic data,
including any amount pertaining to the value of such electronic data; regardless of any
other cause of event contributing concurrently.
1.1.3. This exclusion shall not apply to:

a) liability for any bodily injury or damage arising out of terrorism, to the extent that cover is
expressly provided elsewhere in the policy and shown as covered in the schedule;
b) any liability arising out of any ‘Data Protection’ extension(s) to the extent that cover is
expressly provided elsewhere in the policy and shown as covered in the schedule;
c) the Employers’ Liability section of the policy in respect of liability for any bodily injury
sustained by an employee arising out of their employment and caused during the period of
insurance; or
d) the General Liability section of the policy in respect of liability for any ensuing accidental
bodily injury or accidental damage which is not otherwise excluded.

Definitions

To the extent that a defined term is used which is neither defined in the underlying policy or below,
such word shall be construed in accordance with its ordinary meaning. For the purposes of this
Exclusion:

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