Jumat, 25 Januari 2013

Moveable Policy Clause

1.    ELECTRONIC DATA RECOGNITION CLAUSE E.D.R.C (A)

This Insurance does not cover any loss, damage, cost, claim or expense, whether preventative remedial or otherwise, directly or indirectly arising out of or relating to:

 

a)    the calculation, comparison, differentiation, sequencing or processing of data involving the date change to the year 2000, or any other date change including leap year calculations, by any computer system, hardware, program or software and/or any microchip, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the Insured or not, or

b)    any change, alteration, or modification involving the date change to the year 2000 or any other date change including leap year calculations, to any such computer system hardware, program or software and/or any microchip, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the insured or not.

 

This clause applies regardless of any other cause or event that contributes concurrently or in any sequence to the loss, damage, cost claim or expense

 

2.    ELECTRONIC DATA ENDORSEMENT B (CYBER EXCLUSION CLAUSE) 

1.Electronic Data Exclusion

 

a)This policy does not insure loss, damage, destruction, distortion, erasure, corruption or alteration of ELECTRONIC DATA from any cause whatsoever (including but not limited to COMPUTER VIRUS) or loss of use, reduction in functionality, cost expense of whatsoever nature resulting there from, regardless of any other cause or event contributing concurrently or in any other sequence to the loss.

 

ELECTRONIC DATA means facts, concepts and information converted to a from useable for communications, interpretation or processing by electronic and electromechanical data processing or electronically controlled equipment and includes programmers, software and other coded instructions for the processing and manipulation of data or the direction and manipulation of such equipment.

 

COMPUTER VIRUS means a set of corrupting, harmful or otherwise unauthorized instructions or code including a set of maliciously introduced unauthorized instructions or code, programmatic or otherwise, that propagate themselves through a computer system or network of whatsoever nature. COMPUTER VIRUS includes but is not limited to "Trojan Horses", 'worms' and 'time or logic bombs'.

 

b)However, in the event that a peril listed below results from any of the matters described in paragraph a) above this Policy, subject to all its terms, conditions and exclusions, will cover physical damage occurring during the Policy period to property insured by this Policy directly caused by such listed peril.

 

Listed Perils

Fire

Explosion

 

2.Electronic Data Processing Media Valuation

Notwithstanding any provision to the contrary within the Policy or any endorsement thereto, it is understood and agreed as follows:

Should electronic data processing media insured by this Policy suffer physical loss or damage insured by this Policy, then the basis of valuation shall be the cost of the blank media plus the costs of copying the ELECTRONIC DATA from back-up or from originals of a previous generation. These costs will not include research and engineering nor any costs of recreating, gathering or assembling such ELECTRONIC DATA. If the media is not repaired, replaced or restored the basis of valuation shall be the cost of the blank media. However this Policy does not insure any amount pertaining to the value of such ELECTRONIC DATA cannot be recreated, gathered or assembled.

 

 

 

 

 

3.   PROPERTY DAMAGE CLARIFICATION CLAUSE   

Property damage covered under this Agreement shall mean physical damage to the substance of property.

 

Physical damage to the substance of property shall not include damage to data or software, in particular any detrimental change in data, software or computer programs that is caused by a deletion, a corruption or a deformation of the original structure.

 

Consequently the following are excluded from this Agreement:

 

A.     Loss of or damage to data or software, in particular any detrimental change in data, software or computer programs that is caused by a deletion, a corruption or a deformation of the original structure, and any business interruption losses resulting from such of loss or damage. Notwithstanding this exclusion, loss of or damage to data or software which is direct consequence of insured physical damage to the substance of property shall be recovered.

 

B.     Loss or damage resulting from impairment in the function, availability, range of use or accessibility of data, software or computer programs and any business interruption losses resulting from such loss or damage.

       

4.     INFORMATION TECHNOLOGI HAZARDS CLARIFICATION CLAUSE (N.M.A 2912)

Losses arising, directly or indirectly, out of:

 

loss of, alteration of, or damage to

or

a reduction in the functionality, availability or operation of

 

A computer system, hardware, programmed, software, data, information repository, microchip, integrated circuit or similar device in computer equipment or non computer equipment, whether the property of the policyholder of the reinsured or not, do not in and of themselves constitute an event unless arising out of one or more of the following perils:

 

Fire, lightning, explosion, aircraft or vehicle impact, falling objects, windstorm, hail, tornado, cyclone, hurricane, earthquake, volcano, tsunami, flood, freeze or weight of snow.

 

5.    TERRORISM EXCLUSION ENDORSEMENT (NMA 2920)

Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by resulting from in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss;

 

For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group (s) of persons, whether acting alone or on behalf of or in connection with any organizations (s) or government (s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear.

 

This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to any act of terrorism.

 

If the Underwriters allege by that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Assured.

 

In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect.

 

 

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