for a website publishing liability. The
scope of this coverage includes any actual or alleged error, misstatement, or misleading statement posted or published by
an insured on its website that results in:
an infringement of another’s copyright,
title, slogan, trademark, trade name,
trade dress, service mark, or service
name; any form of defamation against a
person or organization; or a violation of
a person’s right of privacy. Note that the
term “loss” on EC 00 10 includes compensatory damages and punitive damages (to the extent such damages are insurable by law), but does not include civil
or criminal fines or penalties.
The coverage here is similar to the per-
sonal and advertising injury coverage
that is provided under the standard CGL
form with some noted differences. One
difference is that the infringement cover-
age under EC 00 10 does not specify that
the breach occur in the named insured’s
advertisement as does coverage under
CG 00 01. And EC 00 10 applies to “any
form of defamation” while the CGL form
specifically mentions slander and libel.
Of course, the violation of a person’s right
of privacy can occur under both forms in
various ways, such as public disclosure of
private facts or unauthorized release of
confidential information (for example, a
person’s private medical records).
The second insuring agreement per-
tains to security breach liability. If the
insured is held liable for the acquisition
of personal information (held within the
insured’s computer system or in nonelec-
tronic format while in the care, custody
or control of the insured) by an unau-
thorized person, the insuring agreement
offers insurance coverage to the insured.
This agreement also applies to loss as a
result of a computer system transmitting,
by e-mail or other means, a virus to an-
other person or organization.
The next insuring agreement pertains
to programming errors and omissions
liability. Any actual or alleged program-
ming error or omission that results
in the disclosure of a client’s personal
information held within the insured’s
computer system may lead to a claim
or a lawsuit against the insured. Insur-
ing agreement three provides coverage
for the insured. This agreement acts as
complementary coverage for the previ-
ous insuring agreement.
These three insuring agreements obli-
gate the insurer to pay for both loss and
Suppose the insured suffers the loss of
the electronic data or a computer program stored within its computer system?
EC 00 10 offers coverage for replacement
or restoration of electronic data wherein
the policy will pay the cost to replace or
restore the data or programs, the cost
of data entry, and reprogramming and
computer consultation costs. The loss
must result directly from an e-commerce
incident. Such an incident means a virus,
One Claim At A Time,
and that will never change.”
-William “Bubba” Ryan, CEO
“Earning Your Trust T
“We Do It Differently.” We do it better and our Insurance
Industry Partners love us for the money we save them and
the service we provide to their satisfied customers.
RYTECH- The Industry Leader in
Water Mitigation & Mold Remediation.
• Centralized Administration/ Call Center.
• IICRC, WRT and ASD certified field
production staff on every job.
• Controlling Severity, from Rapid Response
& Restoration to Cost Containment.
• RYTRAC In-Field Mobile
Communications – Provides
real-time overview to specific claims.
Rytech.indd 1 13/12/14 3:26PM