Pay on behalf of a covered MSP Member (Assured) the Damages and Claims Expenses it is legally obligated to pay because of a Claim arising out of:

• Negligent acts, errors or omissions in rendering or failing to render Professional Services
• Certain offenses committed in the course of Media Services and Technology Based Services including:
  • Defamation, disparagement and infliction of emotional distress and related torts
  • Invasion of privacy or right to publicity
  • Misappropriation of any name or likeness for commercial advantage
  • False arrest and malicious prosecution
  • Trespass, wrongful eviction and eavesdropping
  • Plagiarism, piracy or misappropriation of ideas under implied contract
  • Infringement of copyright, domain name, trademark, or trade dress
  • Failure to prevent unauthorized access to or tampering with data or systems other than by any Assured
  • Negligence regarding the content of a Media Communication, including harm caused through any reliance or failure to rely upon such content
  • Inability to access systems unless caused by mechanical, electrical, or telecommunications failure
  • Failure to prevent Theft of Data other than by an Assured
  • Failure to prevent introduction of a Computer Virus other than by an Assured
  • Certain misappropriation of trade secret claims
• Claim must be first made and reported during the policy period and coverage extends only to acts committed after the Retroactive Date.

• Defense of covered Claims for Damages
• Defense of covered injunctive relief suits relating to Media and Technology Based Services offenses
• Punitive damages where permitted by law
• Does not cover the cost of responding to injunctive relief or orders, fines, penalties, multiple damages, equitable relief, restitution, future profits, disgorgement, or offset of fees or commissions.

This coverage part includes the following exclusions:

• Indemnification for dishonest and fraudulent acts, but defense provided subject to reimbursement
• Bodily Injury or Property Damage – negotiable
• Fiduciary liability
• Prior knowledge of acts that might be expected to give rise to a claim
• Claims notified under prior policies
• Patent Infringement
• Inaccurate description of the price of goods, products or services, express warranties, guarantees or service level agreements, cost estimates, delay in delivery, failure to deliver, non-acceptance of products or services, and liability assumed under contract
• RICO, ERISA, securities, shareholder, employment and discrimination Claims
• Antitrust, unfair competition, deceptive business practices or false or deceptive advertising
• Continuing or related acts where the first act committed before the Retroactive Date
• Claims by one Assured against another Assured, or by an entity owned or controlled in whole or in part by an Assured
• Asbestos, pollution, mold, war, or nuclear or electromagnetic radiation

This is not intended as a full listing of policy provisions. Please review the policy for a complete description of all exclusions and other provisions.

Wording Based on ISO 2001 Commercial General Liability Claims Made Coverage Form, with the following different features:

• Claims made and reported coverage
• Defense costs included within Limit of Liability
• No separate medical payments coverage provision
• Leased premises coverage not included
• Absolute pollution exclusion, and exclusions for mold, asbestos, war, terrorism, electromagnetic radiation, and employment practices
• Excess to other collectable insurance
• Supplementary payments coverage does not include defense of indemnitees
• Coverage B, Personal and Advertising Injury Liability is not included
• Excludes Bodily Injury and Property Damage arising out of Professional, Media or Technology Based Services