Forterra NW 12/16/2020 - Laserfiche WebLink

n. Recall Of Products, Work Or Impaired COVERAGE B PERSONAL AND ADVERTISING Property INJURY LIABILITY Damages claimed for any loss, cost or ex- 1. Insuring Agreement pense incurred by you or others for the loss of a. We will pay those sums that the insured be- use, withdrawal, recall, inspection, repair, re- comes legally obligated to pay as damages placement, adjustment, removal or disposal because of"personal and advertising injury"to of: which this insurance applies. We will have the (1) "Your product"; right and duty to defend the insured against (2) "Your work"; or any "suit" seeking those damages. However, we will have no duty to defend the insured (3) "Impaired property"; against any "suit" seeking damages for "per- if such product, work, or property is withdrawn sonal and advertising injury" to which this in- or recalled from the market or from use by any surance does not apply. We may, at our dis- person or organization because of a known or cretion, investigate any offense and settle any suspected defect, deficiency, inadequacy or claim or"suit"that may result. But: dangerous condition in it. (1) The amount we will pay for damages is o. Personal And Advertising Injury limited as described in Section III — Limits "Bodily injury" arising out of "personal and ad- Of Insurance;and vertising injury". (2) Our right and duty to defend end when we p. Electronic Data have used up the applicable limit of insur- ance in the payment of judgments or set- Damages arising out of the loss of, loss of use tlements under Coverages A or B or of, damage to, corruption of, inability to ac- medical expenses under Coverage C. cess,or inability to manipulate electronic data. No other obligation or liability to pay sums or As used in this exclusion, electronic data perform acts or services is covered unless ex- means information, facts or programs stored plicitly provided for under Supplementary as or on, created or used on, or transmitted to Payments—Coverages A and B. or from computer software, including systems b. This insurance applies to "personal and adver- and applications software, hard or floppy disks, „ CD-ROMS, tapes, drives, cells, data process- tising injury caused by an offense arising out ing devices or any other media which are used of your business but only if the offense was with electronically controlled equipment. committed in the "coverage territory" during the policy period. q. Distribution Of Material In Violation Of Statutes 2. Exclusions "Bodily injury" or"property damage" arising di- This insurance does not apply to: rectly or indirectly out of any action or omission a. Knowing Violation Of Rights Of Another that violates or is alleged to violate: "Personal and advertising injury" caused by or (1) The Telephone Consumer Protection Act at the direction of the insured with the knowl- (TCPA), including any amendment of or edge that the act would violate the rights of addition to such law;or another and would inflict"personal and adver- (2) The CAN-SPAM Act of 2003, including tising injury". any amendment of or addition to such law; b. Material Published With Knowledge Of Falsity or "Personal and advertising injury" arising out of (3) Any statute, ordinance or regulation, other oral or written publication of material, if done than the TCPA or CAN-SPAM Act of 2003, by or at the direction of the insured with knowl- that prohibits or limits the sending, trans- edge of its falsity. miffing, communicating or distribution of c. Material Published Prior To Policy Period material or information. "Personal and advertising injury" arising out of Exclusions c. through n. do not apply to damage oral or written publication of material whose by fire to premises while rented to you or tempo- first publication took place before the begin- rarily occupied by you with permission of the ning of the policy period. owner.A separate limit of insurance applies to this coverage as described in Section III—Limits Of In- d. Criminal Acts surance. "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. CG 00 01 12 07 ©ISO Properties,Inc.,2006 Page 5 of 14