Page 113 - Binder2
P. 113

contribution in respect of a Claim made by another     (iii)  to capture save retain or correctly to process any
            party against the said holding or subsidiary or            data as a result of the operation of any command
            associated company or partner or director or any other     which has been programmed into any computer
            person company or entity and arises out of advice or       software being a command which causes the
            services rendered by the Insured                           loss of data or the inability to capture save retain
                                                                       or correctly to process such data on or after any
        12.  in respect of any fees claimed back by a client of the    date
            Insured or which have had to be refunded to a client of
            the Insured due or allegedly due to non-performance   17.  in respect of Operative Clause 2(b) for any Damage to
            of the Insured's contractual or other obligations to that   Documents caused by or resulting from an attack
            client                                                 which allows unauthorised access or use of a
                                                                   computer or telecommunications system by
        13.  in respect of any Claim directly or indirectly caused by   electronically circumventing a security system and
            or contributed to by any dishonest or criminal or      procedure and or a Computer Virus
            fraudulent act or omission on the part of any director
            officer or principal of the Named Insured

        14.  in respect of any Claim arising from an act or omission
            in the provision of or failure to provide Health Care

            For the purpose of this exclusion the words ‘Health
            Care’ shall mean health care rendered by members of
            the health care and allied services or by others
            consequent on decisions or judgements made by such
            members

            Such members shall include but not be limited to

            (i)   medical and dental practitioners
            (ii)  nurses
            (iii)  midwives
            (iv)  pharmacists
            (v)  professions allied to medicine
            (vi)  care assistants and nursing auxiliaries
            (vii)  ambulance personnel
            (viii) laboratory technicians
            (ix)  social workers

        15.  in respect of liability under the Data Protection Act
            1998 or similar legislation outside the United Kingdom

        16.  (a)   in respect of any Claim directly or indirectly
                 caused by or contributed to by or arising from or
                 costs and expenses arising in relation to

            or

            (b)   in respect of Operative Clause 2(b) for any
                 Damage to Documents directly or indirectly
                 caused by

            the failure of any computer or other equipment or
            system for processing storing or retrieving data
            whether the property of the Insured or not and whether
            occurring before during or after the year 2000

            (i)   correctly to recognise any date as its true
                 calendar date

            (ii)  to capture save or retain and/or correctly to
                 manipulate interpret or process any data or
                 information or command or instruction as a result
                 of treating any date otherwise than as its true
                 calendar date




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        Casualty Policy Wording                                                        TRV0126 02/14  Policy Code 2010 05/12
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