(February 2018)
|
Insurance coverage for electronic data processing (EDP) and business computer equipment and media is primarily in the realm of inland marine. EDP is a separately listed item under the Nationwide Inland Marine Definition that has been removed when some states have adopted the Definition. Arguments have been made that EDP could also be included with the Bridges, Tunnels and Other Instrumentalities of Transportation and Communication item because of how EDP is an instrumentality of communication. However, some states argue that the hardware is very much a location type exposure better covered by property insurance.
Coverage applies to hardware, broadly defined as a network of electronic machine components or microprocessors that accept instructions and information and process it according to instructions. Coverage also applies to software. Software is a broad definition extending to the media containing instructions, information, and data records. The software also is the programs and applications whether proprietary or off-the-shelf.
Coverage is available for damage caused by standard all risk type perils as well as hacking, computer viruses, websites, power shortages, outages, and overloads.
AAIS has developed four electronic data processing equipment and business computer coverage forms. Each has its own corresponding schedule of coverages. This analysis will first analyze the IM 7200–Electronic Data Processing Equipment Coverage Part–Scheduled Limits Coverage Form and its schedule IM 7205–Schedule Of Coverages–Electronic Data Processing–Scheduled Limits. The ways in which the other coverage forms differ from the IM 7200 will be discussed afterward.
Any business that
owns and/or uses computers and other data processing equipment is eligible to
purchase this coverage. Each coverage form has its own eligibility
requirements.
AAIS Electronic Data Processing Equipment or Business Computer coverage requires at least these four forms:
Related Article: CL 0100–AAIS Commercial Lines Common Policy Conditions
This Schedule of Coverages is used with IM 7200–Electronic Data Processing Equipment Coverage Form–Scheduled Limits. The 01 12 edition incorporated a number of editorial changes that do not affect coverage which this analysis does not address. IM 7205 contains the following information:
Policy Number (01 12 addition)
The 01 12 edition added a space to enter the policy number.
The location number and address of each covered location must be entered in the spaces provided. IM 7208–Electronic Data Processing–Additional Locations Schedule is used to schedule additional locations.
The following information must be entered for each covered location:
There are three
website server options. The selected option must be checked and other entries
made as follows:
On-site Server
Limits are required because this coverage is separate from the other hardware and software coverage provided. Limits apply to all on-site servers damaged in a single occurrence.
A limit is required for the most paid for loss to on-site servers in a single occurrence.
A limit is required for the most paid for loss to website software in on-site servers in a single occurrence.
On-site Server
Coverage under Hardware and Software
A limit is not
required because the coverages for hardware and software are broadened to
include the On-site server. It is important that the limits be sufficient to
include the server values.
Off-site Server
A limit is required for the most paid for loss to off-site servers damaged in a single occurrence.
A limit is required for the most paid for loss to website software in off-site servers in any one occurrence.
The 01 12 edition added the word Limit (“Limit”) because Limit is a defined word.
Coverage Extensions
The limits on the Schedule of Coverages for the following coverages apply to all covered locations:
The limit is $5,000 unless a different limit is entered.
No entry is required.
The number of days is 365 unless a different number is entered.
The limit is $2,500 unless a different limit is entered.
The limit is $2,500 unless a different limit is entered.
No entry is required.
Note: Each of these
extensions applies. When no entry is required, the full policy limit applies,
subject to limitations in the coverage extension.
Supplemental
Coverages
Each of these coverages provides additional limits of coverage or additional coverage. Required entries vary by type of coverage.
The limit is $500,000 unless a different limit is entered.
Check the appropriate box to indicate Coverage Provided, Coverage Not Provided, or Refer to Earthquake, Flood, and Sewer Backup Endorsement.
Check the appropriate box to indicate Coverage Provided, Coverage Not Provided, or Refer to Earthquake, Flood, and Sewer Backup Endorsement.
The limit is $500,000 unless a different limit is entered.
The limit is $5,000 unless a different limit is entered.
The limit is $10,000 unless a different limit is entered.
The limit is $10,000 unless a different limit is entered.
The limit is $10,000 unless a different limit is entered.
The limit is $15,000 unless a different limit is entered.
The limit is $10,000 unless a different limit is entered.
The limit is $2,500 unless a different limit is entered.
Check the appropriate box to indicate Coverage Provided, Coverage Not Provided, or Refer to Earthquake, Flood, and Sewer Backup Endorsement.
The limit is $50,000 unless a different limit is entered.
The limit is $10,000 unless a different limit is entered.
The limits are $25,000 limit in any single occurrence and a $75,000 limit for all covered losses during each separate 12-month period unless different limits are entered.
The 01 12 edition added the word Limit (“Limit”) because Limit is a defined word.
A deductible amount
must be entered for All Covered Perils.
A separate deductible can be entered for each of the following. When
entered, the all coverage peril deductible is superseded but only for the
listed peril:
Notes:
The deductible entered applies to all covered locations.
Under Supplemental Coverages, if earthquake, flood, and/or sewer backup coverage boxes are checked, a deductible that applies specifically to that selected coverage must be entered. That deductible applies instead of the deductible that applies to all covered locations. This deductible is a flat deductible and not a percentage deductible.
One of the following coinsurance options must be selected with respect to Hardware, Media, Programs and Applications, Data Records, and Proprietary Programs:
Note: Entries in this section require that IM 7215–Electronic Data Processing
Income Coverage Part be attached in order to provide the coverage.
Coverage Options
One of the following income coverage options must be entered:
Note: The Income Coverage Not Provided option not being selected could be viewed an ambiguous when the Extra Expense only is selected. The only two options available in the IM 7215 is Earning and Extra Expense or Extra Expense Only. This third item should be removed from the schedule.
Income Coverage
Extensions
The number of days is 30 unless a different number is entered.
The number of days is 30 unless a different number is entered.
Supplemental Income
Coverages
The limit is $50,000 unless a different limit is entered.
Check the appropriate box to indicate Coverage Provided, Coverage Not Provided, or Refer to Earthquake, Flood, and Sewer Backup Endorsement.
Check the appropriate box to indicate Coverage Provided, Coverage Not Provided, or Refer to Earthquake, Flood, and Sewer Backup Endorsement.
The limit is $25,000 and the waiting period is 24 hours unless other
values are entered.
These are covered unless marked as excluded.
The limit is $10,000 unless another limit is
entered.
Check the appropriate box to indicate Coverage Provided, Coverage Not Provided, or Refer to Earthquake, Flood, and Sewer Backup Endorsement.
The limit is $25,000 per occurrence, subject
to $75,000 in any one 12-month period, and the waiting period is 24 hours
unless other values are entered.
Income Coverage Options
Income Coverage Waiting Period
One of the following must be selected:
The waiting period is 24-hours unless a different number of hours is entered.
Coinsurance
One of the
following coinsurance options must be selected with respect to income coverage.
This section of the schedule of coverages lists endorsements and forms included when the policy is issued.
The previous edition referred to this
section as Optional Coverages and Endorsements.
This analysis is of the 10 02 edition.
This section is an agreement between the named insured and the insurance company that the insurance company will provide the coverage described in the coverage form and in the schedule of coverages but only if the named insured pays the premium. The parties to this agreement are subject to all the coverage form’s terms, conditions, endorsements, and definitions.
Defined terms are used throughout the coverage form. The definitions may restrict or broaden the common use of these words or phrases so must be carefully reviewed in order to understand what the term means within this coverage form. Twenty-eight terms are defined:
1. You and your
The parties named on the declarations as the insured.
2. We, us, and our
The insurance company that provides the coverage.
3. Computer hacking
The unauthorized intrusion by any party into hardware, software, website, or a computer network that results in numerous types and forms of listed damage. The listing provides only examples and not limitations.
4. Computer virus
Any type of malicious and self-replicating electronic data code that is introduced into computer equipment or software causing any of numerous types and forms of listed damage listed. The listing provides only examples and not limitations.
5. Data records
Files, documents, and any information that is stored on media in an electronic format.
6. Electrical
disturbance
Magnetic or electrical damage to electronic recordings. It is also any disturbance to or erasure of such recordings.
7. Flood
An unusual definition that begins with flood. Surface
water, waves, tidal water, or overflow of bodies of water are also considered
flood. Finally, spray that results from these is also considered flood, whether
driven by wind or not.
8. Hardware
A network of electronic machine components (such as microprocessors) that perform a variety of computing functions. Some examples are computers, servers, personal computers, workstations, various portable computing devices, and peripheral data processing equipment. Software, telecommunications or reproduction equipment, protection and control systems, or servers, whether on-site or off-site are not considered hardware.
Note: Limited covered is provided for telecommunication equipment, reproduction equipment and protection and control systems under Supplemental Coverage.
9. Limit
The amount of
available coverage.
10. Mechanical
breakdown
A failure or improper functioning of moving or electronic parts or components along with faulty installation and blowout.
11. Media
Any object or device that is used with hardware to process, record, or store information. Some examples are films, tapes, cards, discs, drums, cartridges, and cells.
12. Off-site server
A server for the insured's website that is at a premises not listed on the schedule of coverages. It must be maintained or operated by others who act as the named insured's web host or other Internet service provider.
13. On-site server
A server that is for the named insured's website and is located on a premises the named insured occupies which is listed on the schedule of coverages. It must be maintained or operated by the named insured or by others that act as its Website consultant.
14. Pollutant
This is a broad and
expansive term. It is solids, liquids, thermal or radioactive contaminants, and
irritants. It includes, but is not limited to, acids, alkalis, chemicals,
fumes, smoke, soot, vapor, and waste. Waste includes materials intended for
recycling, reclamation, and reconditioning as well as for disposal. Visible and
invisible electrical or magnetic emissions and sound emissions are also
considered pollutants.
15. Power supply
disturbance
The only types of disturbances within this definition are power surge, blackout, and brownout and the more generic interruptions of power supply.
16. Programs and
applications
The operating
programs and applications that were either pre-installed in hardware or that
the named insured purchases and stores on media.
17. Proprietary
programs
Programs and applications that are developed by or specifically made for the named insured and stored on media or installed in hardware.
18. Protection and
control systems
There are three types of systems that are part of this definition. The air conditioning system applies only if used strictly as part of the operation of the hardware. Fire protection equipment, both manual and automatic fire suppression equipment, and smoke and heat detectors used for the hardware protection but it is not required to be exclusive to the hardware. The third system is the power supply system that cannot be interrupted and its line conditioners, and voltage regulators.
19. Reproduction
equipment
Any network of equipment and software that is designed to scan, copy, store, and retrieve paper documents.
20. Schedule of
coverages
Any page labeled as such that contains coverage information. Declarations and supplemental declarations are included.
21. Sinkhole collapse
When the earth’s
surface suddenly settles or collapses into an underground opening that is created
by water acting upon limestone or some other rock formation. The land’s value or
the cost to fill sinkholes are not part of this definition.
22. Software
Media, data
records, programs, applications, and proprietary programs but only as defined
elsewhere in this section.
23. Specified perils
The named perils of
aircraft, civil commotion, explosion, falling objects, fire, hail, fire
extinguishing equipment leakage, lightning, riot, sinkhole collapse, smoke,
sonic boom, vandalism, vehicles, volcanic action, water damage, weight of sleet, snow or ice and windstorm. Two
terms need further explanation.
Falling objects
does not include loss to personal property that is stored in the open. In
addition, damage to the interior of buildings or personal property stored in buildings
is not considered falling object unless a falling object first breaches the
building's exterior.
Water damage is the
sudden or accidental discharge or leakage of water or steam. The water damage must
be a direct result of a part of the system or appliance that holds the water or
steam cracking or breaking.
24.
Telecommunications equipment
The telephone components and equipment that are used to transmit or communicate. Examples provided are telephone switchgear, telephone operating programs and related software, facsimile transmission equipment, video conferencing equipment, and other related telephone hardware that could include computers dedicated to voice mail. However, this definition is not limited to just these.
25. Terms
All policy provisions,
limitations, exclusions, conditions, and definitions that apply to this
coverage.
26. Volcanic action
Airborne volcanic blast or shock waves, ash, dust, and particulate matter. Lava flow is also volcanic action. The cost to remove dust, ash, or particulate matter from undamaged covered property is not volcanic action.
27. Website server
Any on-site or off-site server.
28. Website software
Media, data records, purchased programs, and applications that are stored on media or inside a Website server. Proprietary applications and programs the named insured developed stored on media or in Website servers are also considered website software.
Three broad classes of property are covered. Coverage provided in this section may be limited or excluded elsewhere in the coverage form:
1. Hardware
The insurance company covers direct physical loss from a covered peril to the named insured's hardware. It also covers such damage to similar property of others in the named insured's care, custody, or control. This coverage only applies when there is a limit for hardware on the schedule of coverages and while the hardware is at the described location with that limit.
|
Example: Charlie's Champion Computers is insured for its building and business personal property, including its stock of computers and related products held for sale, under a Businessowners Policy. It insures the computers it uses to run its business under the AAIS Electronic Data Processing Equipment Coverage Part–Scheduled Limits Form. It also includes a variety of computer equipment that belongs to others being held for repairs. Over the weekend, a fire from a short circuit overwhelms the fire suppression system and destroys all personal property inside the building and also causes extensive damage to the building itself. The loss is adjusted satisfactorily because the Businessowners Policy covers the building and the merchandise held for sale. The AAIS Electronic Data Processing Equipment Coverage Part–Scheduled Limits Form covers Charlie's own computers and the computer property of others in for repairs. |
2. Software
a. Media, Programs, and Applications
Media, programs, applications, and similar property of
others are covered against direct physical loss from a covered peril. This
coverage only applies when there is a limit for media, programs, and
applications on the schedule of coverages at the specific location where the
property is kept.
b. Data Records and Proprietary Programs
Research costs or other expenses that are required to reproduce, replace, or restore lost files or codes that were on lost or damaged data records are covered. This applies to proprietary programs and similar property of others. The loss must be from direct physical loss by a covered peril. Coverage applies only when there is a limit for data records and proprietary programs on the schedule of coverages for the specific location where the property is kept.
3. Website Server
a. On-site Server
Coverage applies to direct physical loss from a covered peril to an on-site server and the software housed within it. This coverage applies only when a limit for on-site server and Website software is entered on the schedule of coverages and then only the specific location for which the limit has been entered.
Note: The On-site Server is covered for no more than the entered limit.
b. On-site Server Coverage Under Hardware and Software
Coverage applies for an on-site server as part of the hardware and software coverage when an entry for it is made on the schedule of coverages. No limits are entered because any loss to the On-site Server hardware or software is covered as part of the hardware and software limits.
Note: When this is selected, it is very important to have the Hardware and Software limits at the locations with On-Site Servers be increased to include their values.
c. Off-site Server
The insurance company covers direct physical loss from a covered peril to an off-site server. The named insured must either own the server or lease it and be required to insure it. Coverage applies only if a limit for the off-site server is entered on the schedule of coverages and no more than that limit is paid in any one occurrence. Similarly, the software is covered but only if housed in an off-site server and a limit for coverage entered on the schedule of coverages and no more than that limit is paid in any one occurrence.
d. Software Coverage Condition
Website software, whether at an on-site or off-site server is covered only where there is a duplicate or backup copy AND that copy is stored in a building at least 100 feet away from the premises that its server.
Seven specific types of property are excluded:
1. Accounts, Bills,
or Documents
These items are
excluded as well as evidence of debt,
records, abstracts, deeds, manuscripts, program documentation, and other
documents.
A very important
exception is that all of these items are covered when stored in a software form
but the exception is limited to only such items in that software form.
2. Checked Luggage
Portable computers
that are in transit and are checked as luggage are not covered for the perils
of theft and disappearance.
3. Contraband
Property that is
illegal to possess is not covered. Property that is legal to possess but that is
being used as part of an illegal trade or that is being transported illegally
is also not covered.
4. Loaned, Leased, or
Rented to Others
Property that the
named insured leases, loans or rents to others is
not covered.
5. Money and
Securities
This means a number of different types of property. Currency, food stamps, and lottery tickets not held for sale in addition to money, notes, or securities are excluded.
Note: This property is more correctly insured under commercial crime coverage forms.
Related Article: Commercial Crime Coverage Analysis
6. Stock In Trade
This is not clearly
defined and could be open to interpretation. Many might consider their
computers their stock in trade because they depend on them for all
transactions. If so, the reason they purchased this coverage might be voided.
However, this could mean that only the hardware or software the named insured
holds as stock in order to sell to others is not covered. This appears to be
very ambiguous.
7. Loss of Internet
Service Provider or Web Host
Any loss to the website server or software that occurs because
of the bankruptcy, liquidation, or other stoppage
of business activities by the named insured's Internet service provider or Web
host is not covered.
Example: Charlie
of Charlie's Champion Computers is not extremely computer savvy and uses
Wally's Website Wonders as his Internet provider. Charlie comes to work on
the Tuesday after a long holiday weekend, turns on his computer, and gets
only a blank screen. After doing all the troubleshooting
he can, he calls Wally but does not get an answer. Since Wally's location is
only a few miles away, Charlie drives there and discovers that it is
completely vacant, all equipment is removed, and Wally apparently was long gone. Charlie has to foot the bill to get a
new Internet provider and re-establish service. |
Provisions That Apply
To Coverage Extensions
There are six coverage extensions. The limit for each is either the limit on the schedule of coverages or the default limit for the item included in the coverage form. These coverages are part of the applicable limit for covered property and not in addition to it unless otherwise indicated. These limits are not added to or combined with limits for any other coverage extension or supplemental coverage and are not subject to any coinsurance provisions that apply elsewhere in the coverage form.
1. Debris Removal
When a covered
peril damages or destroys covered property, the cost to remove any created
debris is covered under this extension. Debris removal does not include any
costs for removing, restoring, replacing polluted land or water or to extract
pollutants.
There are two parts
of the Limit section. The first is restricting any debris removal payment to no
more than 25% of the amount paid for the actual direct physical loss or damage.
The second part is
that when the debris removal and the physical damage loss are added together,
no more than the limit of insurance is paid. An additional $10,000 (or a higher
amount entered on the schedule of coverages) is available if the debris removal
expense is more than 25% of the loss amount or if the combined cost of loss and
debris removal is more than the limit of insurance for the covered property.
Debris removal
expenses must be reported to the insurance company within 180 days of the date
of loss in order for this extension to apply.
2. Electrical and
Power Supply Disturbance
Coverage applies to direct physical loss to covered property when caused by either electrical or power supply disturbance. These two terms are defined in the Definitions section.
3. Emergency Removal
This covers direct
physical loss to covered property that was removed from the scheduled location
in order to avoid loss or damage from an impending covered peril. The loss can
occur while in transit between the scheduled location and the sanctuary
location. This coverage is unique in that the property that is being moved is
not subject to any exclusion while in transit or at a sanctuary location. However,
the reason for moving the property must
be due to a covered peril.
Coverage applies
for up to 365 days after the property is first moved but does not extend past
the policy’s expiration date.
Note: Coverage does not extend past the expiration
date which means that if the insured has property at a sanctuary location when
coverage renews, the sanctuary location must be listed as a premises or
coverage no longer applies.
Example: Charlie of Charlie's Champion Computers
fears that the approaching line of wildfires
may damage or destroy his computer business. He is very concerned about his
owned computer equipment and software so he packs it all up and drives it to
a location out of the direct line of the fires. While there, a mudslide
occurs and destroys the storage building and the computers. Even though the
coverage form excludes mudslide, the equipment is covered because it was
removed to protect it from the fire. |
4. Emergency Removal
Expenses
This coverage
extension works with the Emergency Removal extension because it pays the expenses
the named insured incurs to move covered property away from a covered location that
is threatened by a covered peril. This extension also pays for the storage fees
that are incurred in order to keep the property at the sanctuary location for
up to 365 days after the property is first moved. The most paid for such
expenses in any one occurrence is $2,500. This limit can be increased.
Coverage ends when
the policy expires even if the items are still at the sanctuary location. This
is additional coverage. As a result, all such expenses paid are in addition to
the limit of insurance for this property.
5. Fraud and Deceit
When covered property is willingly given to another person, even by trick or device, coverage is excluded. This extension provides a limited amount of coverage for such a situation. When the named insured, its agents, consignees, or customers allow for covered property to be stolen in any of the following circumstances and it is stolen, a limited amount of coverage is provided:
The most paid in a single occurrence is $2,500 but the limit can be increased.
Example: Charlie orders
new office computers to replace the ones destroyed in the mudslide. However,
before he loads the software, he receives a phone call from his supplier
informing him that the
computers are faulty and that the supplier is sending a representative to
pick up the computers. Charlie is thrilled with such service and gives the
representative the computers and waits for the replacements to arrive. After
a two-day wait, he contacts the supplier and discovers that it did not make
the phone call. By then, the computers are long gone and Charlie sadly
realizes that he has been swindled. This coverage provides funds to purchase
replacements. |
6. Mechanical
Breakdown Coverage
Coverage applies to
loss of covered property from mechanical
breakdown as this coverage form defines.
Provisions That Apply
To Supplemental Coverages
There are 15 supplemental coverages. Each has its own default limit that can be increased by entering a higher limit on the schedule of coverages. Limits for any supplemental coverage are separate from the applicable limit for covered property, not part of it.
The limit available for coverage described under a supplemental coverage is the only limit available for it. It is not the total of the limit for a supplemental coverage and the limit for covered property. The limits are not added to or combined with limits for any other supplemental coverage or coverage extension. They also are not subject to any coinsurance provisions that apply elsewhere in the coverage form.
1. Acquired Locations
Coverage applies to
direct physical loss from a covered peril to covered property at locations that
are acquired during the policy period. Coverage ends 60 days after the location
is acquired or when the location is reported to the insurance company,
whichever occurs first. Coverage does not extend past the expiration date. The
most paid in any one occurrence is the lesser of the appropriate valuation of
the covered property or $500,000. This limit can be increased. This is not free
coverage though because additional premium
is due from the date the location is acquired.
2. Earthquake
Coverage
The insurance company covers direct physical loss to covered property caused by earthquake and volcanic eruption but only if the box on the schedule of coverages is checked and a limit entered in the space provided.
Note: This coverage does not have a default limit. Coverage applies only if there is a limit on the schedule of coverages. Because this could be confusing, the coverage not provided box should be checked if earthquake coverage does not apply.
3. Flood Coverage
The insurance company covers direct physical loss to covered property caused by flood but only if the box on the schedule of coverages is checked and a limit entered into the space provided.
Note: This coverage does not have a default limit. Coverage applies only if there is a limit is on the schedule of coverages. Because this could be confusing, the coverage not provided box should be checked if flood coverage does not apply.
4. Newly Purchased or
Leased Hardware
Coverage applies to direct physical loss from a covered peril to additional hardware, pre-installed programs, and applications that are purchased or leased during the policy period. The most paid in any one loss is the lesser of $500,000 or the covered property’s actual cash value. This limit can be increased. Coverage applies for no longer than 60 days following the date of purchase or lease, the policy expiration or the date the insurance company is notified, whichever comes first. This is not free coverage so additional premium is due starting with the acquisition date.
5. Off-site Computers
Computers that are covered property and in the custody of the named insured, its officers, partners, or employees are covered for direct physical loss from a covered peril. This coverage applies while the property is at any party’s residence, at other temporary locations and while in transit between scheduled locations and such locations described in this supplemental coverage. The limit is $5,000 in a single occurrence but the limit can be increased.
6. Pollutant Cleanup
and Removal
When a covered peril that occurs during the policy period causes a pollutant release or discharge, coverage is provided for the expenses the named insured incurs to extract them from land or water but only those reported within 180 days of the date of loss.
This coverage does not include any costs that are incurred for pollutant testing, evaluating, observing, or recording except for testing that is a necessary part of the covered extraction process.
This coverage is for no more than a 12-month
policy period aggregate of $10,000. This is a policy level aggregate.
7. Property in
Transit
Direct physical loss due to a covered peril damaging covered property while in transit is covered for up to $10,000 per occurrence. This limit can be increased.
8. Protection and
Control Systems
The insurance company is concerned with safety. Therefore, this supplemental coverage is provided that pays for direct physical loss to protection and control systems that are at locations on the schedule of coverages. The most paid is $10,000. This limit can be increased.
9. Recharge of Fire
Extinguishing Equipment
Fire extinguishing equipment is the first line of defense from fire. Therefore, the insurance company wants to make sure it is in working order. If the hand-held unit or automatic fire extinguishing equipment discharges, coverage is provided to recharge them. The discharge could occur in a fire-fighting effort, as the result of a covered peril occurring, or may be due to an accidental discharge.
Example; Jake
was so proud of his 3-year old daughter, Millie, that he brought her to Take
Your Daughter to Work Day. The first 30 minutes was fun but Millie quickly
became bored. Jake looked away for just a minute and somehow Millie got to
the manual release for the computer’s automatic fire extinguishing equipment.
Although Millie’s pulling the device was intentional, at three years old she
was not responsible for such actions, and coverage was available to pay for
the necessary recharging of the system. |
There is no coverage if the discharge occurs during testing or installation because that should be the responsibility of whoever is testing and/or installing.
It is the insurance company’s decision as to whether to replace or recharge the system. The most paid is $15,000 but the limit can be increased.
10. Reproduction
Equipment
Coverage applies to loss of equipment that is defined in this coverage form as reproduction equipment. The equipment’s purpose must be to scan, copy, and store or retrieve paper documentation. The software that operates the equipment is considered reproduction equipment. If a covered peril causes a loss to such covered property at a location that is listed on the schedule of coverages a single occurrence limit of $10,000 is available to pay for the loss. This limit can be increased.
11. Rewards
An occurrence limit of $2,500 is available to pay for a reward related to covered arson, theft, or vandalism loss. The reward is paid only for information that leads to the conviction of the party or parties who caused the loss. More than one person can receive the award but the total reward available for a single occurrence is $2,500. There are no limitations as to who can receive the reward or how it is determined who receives it. The limit can be increased. Computer hacking and computer virus are included as vandalism in this supplemental coverage.
12. Sewer Backup and
Water Below the Surface
Damage that results in direct physical loss to covered property is covered when caused by water from a sewer or drain backing up. Such water damage is also covered when due to sub-surface water pressure on (or leaking through or into) a covered building or structure.
This supplemental coverage applies only when the box on the schedule of coverages for this coverage is checked and a limit entered in the space provided.
Note: This is an optional coverage so there is no default limit. For this reason, coverage applies only when the box is checked AND a limit is entered on the schedule of coverages. When this coverage is not being provided, the box for coverage not provided should be checked in order to prevent any confusion.
13. Software Storage
An important method of reducing the cost of a software loss is to keep duplicate and/or backup software off location. This supplemental coverage pays for damage to that off premises software when damaged by a covered peril. This coverage applies only when the building in which the software is stored is located at least 100 feet away from a described premises location on the schedule of coverages. The most paid in a single occurrence is $50,000. This limit can be increased.
Example: Playful Pets backs up all of its records to a facility located on the other side of town. That same facility keeps copies of all software used by Playful Pets. A tornado sweeps through town and destroys the storage facility but not Playful Pets. The cost to replicate all of the backup and the software is covered for up to $50,000. The good news is that all were replicated and in place when a fire occurred at Playful Pets and those documents could be replicated. |
14.
Telecommunications Equipment
Telecommunication equipment that is damaged in a direct physical loss due to a covered peril is covered but only at a scheduled location. The limit is $10,000 per occurrence. This is not a per-location occurrence so if an occurrence impacts multiple locations, only $10,000 is available for all damaged telecommunications equipment. This limit can be increased.
15. Virus and Hacking
Coverage
Hardware, software, and website servers and their software are covered when a computer virus or computer hacking causes direct physical loss to it. The limit is $25,000 in a single occurrence (not per location). This is then limited to no more than $75,000 aggregate for all covered losses during each separate 12-month policy period.
There are four coverage limitations or exclusions:
Coverage applies to risks of direct physical loss. This broad statement is modified by explaining that the loss may be limited or not covered at all when caused by an excluded peril.
1. Primary Exclusions
The first group of
exclusions is essentially absolute. Subject to specific exceptions, loss or
damage by each is totally excluded, regardless of any other cause or event that
contributes to a loss, either concurrently or in any other sequence. The
insurance company does not pay for any direct or indirect loss or damage caused
by or that results from any of these events.
a. Civil
Authority
There is no
coverage for loss that results from an
order any civil or government authority issues. These orders may include
seizure, confiscation, destruction, or quarantine of property but this
exclusion is not limited to only these. The only exception is when the loss or
damage is caused by a civil authority destroying property as a means of
controlling a fire. This exception applies only if the fire is the result of a
covered peril.
b. Earth Movement
or Volcanic Eruption
Coverage does not
apply to loss caused by earth movement or eruption, explosion, or effusion of a
volcano. Coverage does apply to direct loss or damage by fire, explosion, or
volcanic action that results from any of these events. Coverage also applies
for loss caused by sinkhole collapse.
Note: Earthquake (only one of many types of earth movement) coverage applies
when a check is placed in the box for earthquake coverage and a limit is
entered on the schedule of coverages for Supplemental Coverages–Earthquake
Coverage.
c. Flood
There is no
coverage for loss caused by flood. It
does cover direct loss caused by fire, explosion, or sprinkler leakage that
results from a flood occurrence.
Note: Flood coverage
applies when a check is placed in the box for flood coverage and a limit is
entered on the schedule of coverages for Supplemental Coverages–Flood Coverage.
d. Nuclear
Hazard
The insurance
company does not cover loss or damage caused by or that results from any
nuclear reaction, radiation, or contamination. This is absolute and applies
whether the nuclear incident was controlled or not, and by whatever means
caused. Any loss the nuclear hazard causes is not treated as a loss that fire,
explosion, or smoke causes. The only exception is when a fire results from the
nuclear fire, direct loss or damage from that fire is covered but the damage
from the nuclear hazard remains excluded.
e. Sewer Backup
and Water below the Surface
Coverage does not
apply to loss that is caused when water backs up from a sewer or drain. It also
does not apply for damage that occurs when
water below the surface of the ground exerts pressure on covered buildings or
structures. However, fire, explosion, and theft losses that result from such
backup or hydrostatic pressure are covered.
Note: Sewer backup coverage applies when a check is placed in the box for sewer
backup coverage and a limit is entered on the schedule of coverages for
Supplemental Coverages–Sewer Backup Coverage.
f. War and
Military Action
The insurance
company does not pay for loss or damage caused by any act of war. Undeclared
and civil war or warlike action by a military force are all considered war. All
actions taken to hinder or defend against an actual or expected attack by any
government or sovereign authority that uses military personnel or other agents
are also considered war and excluded. In addition, acts of insurrection,
rebellion, revolution, or unlawful seizure of power and any action any
government authority takes to prevent or defend against any such acts are excluded.
If any action within the terms of this exclusion involves nuclear reaction,
radiation, or contamination, this exclusion applies in place of the nuclear
hazard exclusion.
Note: This means that the exception for resulting fire under the nuclear
hazard is not covered when it is the result of war.
2. Secondary
Exclusions
The second group of
exclusions applies to loss or damage caused by or that results from any of the
following loss events. Some of these exclusions have exceptions, conditions, or
limitations that should be noted and reviewed carefully. The insurance company
does not pay for any loss or damage caused by or that results from any of these
events.
a. Computer
Virus or Computer Hacking
Supplemental Coverages 15. Virus and Hacking Coverage provides limit coverage. All other coverage for computer virus or computer hacking caused direct or indirect loss or loss of access, use, or functionality is excluded.
b. Criminal,
Fraudulent, Dishonest, or Illegal Acts
Coverage does not
apply to loss caused by or that results from criminal, fraudulent, dishonest,
or illegal acts that any of the following commit alone or in collusion with
another:
Coverage applies if
employees destroy property. It does not apply if employees steal.
This exclusion does
not apply to covered property in the custody of carriers for hire.
Coverage for this
exposure should be purchased using a commercial crime coverage form.
Related Article:
ISO Commercial Crime Coverage Forms and Policies Analysis
c. Loss of Use
There is no coverage for loss that is caused by or that results from any delay, loss of use, or loss of market.
d. Pollutants
There is no
coverage for loss caused by or that results from any release, discharge,
seepage, migration, dispersal, or escape of pollutants. There are three
exceptions:
e. Temperature/Humidity
Loss to covered property that is caused by dryness, dampness, humidity, changes in, or extremes of temperature is excluded. A very important exception applies. If the air conditioning system that services the covered hardware is damaged by a covered peril and the loss of the air conditioning system causes a temperature/humidity loss to that hardware, any resulting damage to covered property (not just the hardware) is covered.
Example: Pet Labs, Inc. has a mainframe computer in a separate, temperature-controlled room with its own circuit breaker and air conditioning system. A disgruntled software engineer tampers with the air conditioning system so that it stops working. The computer overheats and a loss occurs. The loss is covered because a covered peril damaged the air conditioning system. |
f. Voluntary
Parting
There is no
coverage for loss or damage to covered property when it is voluntarily given to
others, even if the surrender was due to a fraudulent scheme, trick, or false
pretense. The good news is that Coverage Extensions 5. Fraud or Deceit provides
limited coverage.
3. Other Exclusions
There is no coverage for loss caused by or that results from one or more of the following exclusions. However, if loss by a covered peril results, the insurance company pays for the resulting loss from that covered peril.
a. Contamination
or Deterioration
Loss that is caused by contamination or
deterioration is excluded. Corrosion, decay, fungus, mildew, mold, rot, rust,
or any quality, fault, or weakness in covered property that causes it to damage
or destroy itself are considered contamination or deterioration but the
definition is not limited to just these. The
one exception is that loss or damage from mechanical breakdown is not excluded.
b. Wear and Tear or Obsolescence
There is no coverage for loss that is caused by wear, tear, depreciation, or obsolescence of covered property.
Note: This is particularly important with electronic data processing equipment because of how quickly covered property becomes obsolete.
1. Notice
The named insured
must give prompt notice of a loss to the insurance company or its agent. The
notice must include a description of the property lost or damaged. If a
criminal act caused the loss, the appropriate law enforcement agency must also
be notified. The insurance company has the right to require that any notice to
it be in writing.
2. You Must Protect
Property
During and after a
loss, the named insured must take all reasonable steps to protect covered
property from further loss. The insurance company pays reasonable costs the
named insured incurs to do so if the
named insured maintains accurate records to substantiate the costs. Paying
these costs is not in addition to the policy limits. There is no coverage for any
repairs or emergency measures performed on property not already damaged by a
covered peril.
Note: It is important to
realize that any such costs
incurred will reduce the amount available to pay the actual loss.
3. Proof of Loss
The named insured
must complete and return the insurance company's prescribed proof of loss forms
within 60 days after the company requests it. The information provided must
include the time, place, and circumstances involved with the loss and
information on any other insurance coverage that may apply. It must also
include the named insured’s interest and the interest of others with respect to
the property involved, including lienholders, loss payees, and mortgagees. Any
changes in the title to the property
during the policy period must be disclosed in addition to providing any other
reasonable information the company may require to adjust and settle the loss.
4. Examination
Examination under
oath may be required in matters that relate to the loss. The insurance company
may request these examinations more than once but such requests must be
reasonable. If multiple persons are examined, the company has the right to
examine each individual separately.
5. Records
The named insured
must produce any records related to the loss. The insurance company must be
allowed to make copies and take extracts of them as often as it reasonably
requests. Records include tax returns and bank microfilms of all related cancelled checks but records are not limited to
just these.
6. Damaged Property
Both damaged and
undamaged property must be made available for the insurance company's
inspection as often as reasonably necessary. It must also be allowed to take
samples of the property to the extent necessary to adjust and settle the loss.
7. Volunteer Payments
The named insured
may not voluntarily make payments, assume obligations, pay or offer rewards, or
incur other expenses without the insurance company's express approval. If it
does, it does so at its own expense. The only exceptions are those costs
incurred to protect property as item 2. above describes.
8. Abandonment
The named insured
may not abandon damaged property to the insurance company without its written
consent.
9. Cooperation
The named insured
must cooperate with the insurance company. Any actions required of the named
insured within this policy must be performed.
1. Hardware and
Website Servers
a. The value of these items is based on the cost to replace them with new equipment that is functionally comparable to the equipment being replaced.
Note: This could mean going from “latest and greatest” technology purchased to being replaced with the lowest quality available four years later at the time of the loss. Functionally comparable is the important term.
Example: William paid $25,000 to purchase hardware in 2015. A loss destroys the equipment in 2018. William anticipates receiving $25,000 to purchase new equipment that has the latest upgrades. He is very disappointed when he is offered only $10,000 because that is how much equipment that is functionally equivalent to his equivalent will cost. William is very unhappy. |
b. If not replaced, the value is the actual cash value on the date of loss.
Note: This means that replacement cost new as of the date of loss of equipment that is functionally comparable to the damaged equipment is depreciated to actual cash value.
Example:
Williams decides to take the $10,000 and just walk away from his business
William is even more disappointed when he is offered only $10,000 depreciated
over three years use. |
Note: Because of the rapidity of obsolescence in hardware, it is important that this section is carefully explained to a client. The good news is that an alternative valuation is available. The IM 7213-Upgrade Value Endorsement and IM 7214-Upgrade Value Schedule allows the named insured to schedule the current hardware and the hardware that would be purchased to it if a loss should occur. If this method is used, the schedule must be revisited at least annually in order to stay current.
Example: William used the IM 7213 and IM 7214 and scheduled the equipment that he had purchased alongside the equipment he would replace it with. When the loss occurred, William had a well thought-out plan of purchase and was provided the needed funds to upgrade. He was able to remain in business with the new equipment. |
c. When a loss is only partial, the loss payment will not exceed the reasonable cost to restore the equipment to the condition that existed immediately before the loss or damage occurred.
2. Software
a. Programs and applications are valued at the cost to reinstall them from the licensed discs that were originally used to install them. When those discs are no longer available, the value is based on the cost to purchase the most current version of the programs or applications.
b. Proprietary programs are valued based on the cost to reproduce the programs from duplicate copies and includes the cost of labor to copy or transcribe from those duplicate copies. The cost goes up significantly when there are no duplicate copies. It is then the cost of research or other expenses necessary to reproduce, replace, or restore lost proprietary programs which can be extensive if the programs are old and the team that created them is no longer available. This is particularly important with merged companies and legacy systems.
c. Data Records are valued at the cost to reproduce them from duplicate copies including, but not limited to, the cost of labor to copy or transcribe from duplicate copies. If there are no duplicate copies, the value is based on the cost of research or other expenses necessary to reproduce, replace, or restore lost files, documents, or records.
d. Media is valued at the cost to repair or replace it with material of the same kind and quality.
Note: It cannot be emphasized enough that software must be duplicated and those duplicates stored at a safe location away from the main locations. Recreating proprietary software and data records is very expensive and time consuming without those duplicates.
3. Other Equipment
Telecommunication
equipment, reproduction equipment, and protection and control systems are
valued at their replacement cost. There is no deduction for depreciation.
This valuation is
limited to the cost to repair or replace the items with similar materials on
the same site and for approximately the same purpose. However, payment will not
exceed the amount actually spent to replace the damaged or destroyed property.
Note: It is very important to realize that this equipment is also prone to
obsolescence. Equipment is valued as of the date of loss and the date on which
the equipment was purchased. This means that the payment can be significantly
less than the limit just because the replacement of similar materials costs
less than the equipment originally purchased.
c. The replacement cost valuation only if the
damaged or destroyed property is actually repaired or replaced. An initial
claim can be made for actual cash value. The named insured can then purchase
equipment with its own money combined with the actual cash value settlement and
then file for a full replacement cost
settlement. If this is the plan, the
named insured must tell the insurance company about it within 180 days of the
loss.
4. Pair or Set
a. A loss of part of a pair or set is not
considered a total loss. Instead, the loss is settled based on what is considered
a reasonable proportion of that loss to the value of the entire pair or set. Of
course, there could be a considerable discussion about what constitutes a
reasonable proportion is.
b. This provision does not apply to
software that comes in sets. When part of a software set is lost or damaged and
that part cannot be replaced, the entire set is considered lost.
5. Loss to Parts
The value of a lost
or damaged part of the property that
consists of several parts is the cost to repair or replace only the lost or
damaged part.
1. Insurable Interest
The insurance
company does not pay more than the named insured's insurable interest in the
covered property at the time of loss.
Note: This
limitation is very important and applies only to the named insured’s property.
However, it would seem to overlook the covered property of others. What
insurable interest does the named insured have in that property?
2. Earthquake Period
Earthquakes or
volcanic eruptions that occur within a 168-consecutive hour period are
considered a single loss. This time period is not limited by the expiration
date.
3. Deductible
The insurance
company pays only the amount of loss that exceeds the deductible amount on the
schedule of coverages.
4. Loss Settlement
Terms
Subject to other
items in this section, the insurance company pays the least of the following:
5. Coinsurance
a. When coinsurance applies to a coverage that is provided in this policy, the insurance company pays only part of the loss if the limit is less than required when the percentage on the schedule of coverages is multiplied by the actual the value of the covered property.
b. The following are the three steps to
determine the amount of the loss to be paid:
Step 1. Multiply the percentage on the schedule of coverages by the
covered property’s value at the time of loss.
Step 2. Divide the covered property’s limit by the result determined in
step 1.
Note: There is no coinsurance penalty if the
result is 1.00 or higher.
Step 3. There is a coinsurance penalty when step 2. is less than 1.00.
Subtract the deductible from the amount of loss and then multiply the total
amount of loss by the percentage determined in step 2.
The insurance
company does not pay more than the amount determined in step 3. or the limit,
whichever is less.
c. When multiple limits are subject to the coinsurance provision this procedure is applied separately to each limit.
d. When only one limit is on the schedule of coverages, this procedure is applied to the total of all covered property insured under that limit.
e. This coinsurance provision only applies when there is a coinsurance percentage entered on the schedule of coverages.
6. Insurance under
More Than One Coverage
Two or more coverages in the coverage form may apply to the same loss. In
that case, the insurance company does not pay more than the value of the actual
claim, loss, or damage sustained.
7. Insurance under
More Than One Policy
a. Proportional
Share
Payment is made on
a proportional basis when the named insured has other coverage available that
is subject to the same terms as this coverage form. This coverage form then pays
only its share of the covered loss which is the proportion that its limit of
insurance bears to the limits of insurance of all insurance that covers on the
same basis.
b. Excess Amount
There may be other coverage available to pay for the loss other than as described in 7. a. above. In that case, this coverage form pays only as excess. This means that it pays only after the amount of covered loss from the other coverage, whether collectible or not is paid. Regardless of when it begins to pay, no payment is made in excess of the applicable limit of insurance.
1. Loss Payment
Options
a. Our Options
The insurance
company has four loss payment options if a covered loss occurs.
b. Notice of Our
Intent to Rebuild, Repair, or Replace
After the insurance
company receives the properly completed proof of loss, it has 30 days in which to
notify the named insured of its intent to rebuild, repair, or replace.
2. Your Losses
a. Adjustment
and Payment of Loss
The insurance
company adjusts all losses with and pays the named insured unless another loss
payee named in the policy is involved.
b. Conditions
for Payment of Loss
After the insurance
receives a properly prepared proof of loss and the amount of loss is
established it has 30 days in which to pay the loss. The establishment of the
amount can be through either a written agreement between the insurance company
and the named insured or an appraisal award is filed with the insurance company.
3. Property of Others
a. Adjustment
and Payment of Loss to Property of Others
The insurance
company has the option to adjust and pay losses that involve property of others
either to the named insured acting on the property owner’s behalf or to the
property owner.
b. We Do Not
Have to Pay You if We Pay the Owner
When the insurance
company pays the property owner, it is not obligated to pay the named insured.
In addition, if the property owner sues the named insured, the company has the
option to defend the named insured in that suit.
1. Appraisal
The insurance company
and the insured may not always agree on a covered claim’s value. This condition
provides one method to resolve disputed claims.
Either party can
request an appraisal to determine a disputed claim’s value. Once requested, the
parties have 20 days to obtain their own independent and competent appraisers
and give their appraiser's name to the other party. The two appraisers then
have 15 days to select a competent impartial umpire. If they cannot agree on an
umpire within that time period, either can request that a judge in the court of
record in the state where the property is located appoint one.
The appraisers then
determine the claim’s value. They submit any differences to the umpire. Once
any two of the three parties agree, the amount of loss is set.
Each party pays its
own appraiser. Both parties share the umpire’s cost and other expenses equally.
2. Benefit to Others
The insurance
provided does not directly or indirectly benefit any party that has custody of
the named insured's property.
3. Conformity with
Statute
Any condition in
this coverage form that conflicts with any applicable law is amended to conform
to that law.
4. Estates
Note: This condition applies only if the named
insured is an individual.
a. Your Death
If the named
insured is an individual who dies, the person who has custody of the named
insured's property at the time of the death is an insured until a qualified
legal representative is appointed. The named insured’s legal representative
becomes an insured once he or she is appointed. Both are insureds but only with
respect to the property this coverage form insures.
b. Policy Period
is not Extended
This coverage is
limited by the policy’s expiration date.
5. Misrepresentation,
Concealment, or Fraud
This coverage is
void if any insured at any time willfully concealed or misrepresented a
material fact that relates to the insurance provided, the property covered, or
its interest in the property. It is also void if fraud or false swearing by any
insured took place concerning the insurance provided or the property covered.
Note: The named insured must deal with the
insurance company honestly. Its rights of recovery may be voided if it
intentionally misrepresents or conceals a material fact or information. This
means that the insurance is treated as simply having never existed versus
denying a particular claim.
6. Policy Period
Only covered losses
that occur during the policy period are paid.
Note: When an earthquake occurs at the end of the policy year and aftershocks
continue into the next policy year, the policy in effect at the beginning of
the earthquake for up to 168 hours.
7. Recoveries
Paying the loss
does not end the obligations of the named insured and the insurance company
toward one another. Additional provisions apply if the insurance company pays a
loss and the lost or damaged property is subsequently recovered or the parties
responsible for the loss pay for it.
Either party that
recovers property or payment must inform the other. Recovery expenses that
either party incurred are reimbursed first. If the named insured keeps the
recovered property, it must refund the amount of the claim the insurance
company paid, unless the company agrees to a different amount. If the claim
paid is less than the agreed loss due to applying a deductible or another
limitation, any recovery is prorated between the named insured and the
insurance company based on the company's respective interest in the loss.
8. Restoration of
Limits
Payment of a claim
does not reduce the limit available for future claims. The one exception is Supplemental
Coverages 15. Virus and Hacking Coverage.
9. Subrogation
The insurance
company acquires the named insured's rights of recovery from third parties
after it pays a loss. The named insured must help the insurance company secure
those rights. The company is not obligated to pay a loss if the named insured
hinders or impairs the company's rights of subrogation. However, the named
insured can agree in writing to waive recovery rights from others before a loss
occurs.
10. Suit against Us
The insurance company cannot be sued by anyone for any coverage until all the terms of the coverage form are met. Suits must be brought within two years after the named insured first knew about a loss. If a state law invalidates this condition, any suit brought must comply with the provisions of that law and begin within the shortest period of time allowed by law.
Note: It is normal for a basic coverage form to be modified by mandatory state-specific endorsements that address issues that relate to that specific state.
11. Territorial
Limits
Covered
property must be located in the
United States, its territories, and
possessions, Canada, or Puerto Rico in order for coverage to apply.
This Schedule of Coverages is used with IM 7201–Computer Coverage. The 01 12 edition incorporated a number of editorial changes that do not affect coverage that this analysis does not address. IM 7206 contains the following information:
Policy Number (01 12 addition)
The 01 12 edition added a space to enter the policy number.
The location number and address of each covered location must be indicated in the spaces provided. IM 720–Computer Coverage–Additional Locations Schedule is used to schedule additional locations.
The following information must be entered for each covered location:
One of the following income coverage options must be selected:
The limits on the Schedule of Coverages for the following coverages apply to all covered locations:
The limit is $5,000 unless a different limit
is entered.
The number of days is 365 unless a different
number of days is entered.
The limit is $1,000 unless a different limit
is entered.
This coverage extension does not require an
entry. However, a selection must be made as to whether or not to waive the 500 foot limitation.
The limit is $1,000 unless a different limit is entered.
No entry is required.
Note: Each of these
extensions applies. When an entry is not required, the full policy limit
applies, subject to any limitations in the coverage extension.
The 01 12 edition
added the word Limit (“Limit”) because Limit is a defined word.
Each of these coverages provides additional limits of coverage or additional coverage. Required entries vary by type of coverage.
The limit is $250,000 unless a different limit is entered.
Check the appropriate box for Coverage Provided, Coverage Not Provided, or Refer to Earthquake, Flood, and Sewer Backup Endorsement.
Check the appropriate box for Coverage Provided, Coverage Not Provided, or Refer to Earthquake, Flood, and Sewer Backup Endorsement.
The limit is $250,000 unless a different limit is entered.
The limit is $2,500 unless a different limit is entered.
The limit is $10,000 unless a different limit is entered.
The limit is $5,000 unless a different limit is entered.
The limit is $5,000 unless a different limit is entered.
The limit is $1,000 unless a different limit is entered.
Check the appropriate box to indicate Coverage Provided, Coverage Not Provided, or Refer to Earthquake, Flood, and Sewer Backup Endorsement.
The limit is $25,000 unless a different limit is entered.
The limits are $5,000 in a single occurrence and $10,000 for all covered losses during each separate 12-month period unless different limits are entered.
The 01 12 edition
added the word Limit (“Limit”) because Limit is a defined word.
The number of days is 30 unless a different number of days is entered.
The number of days is 30 unless a different number of days is entered.
The limit is $25,000 unless a different number is entered.
Check the appropriate box for Coverage Provided, Coverage Not Provided, or Refer to Earthquake, Flood, and Sewer Backup Endorsement.
Check the appropriate box for Coverage Provided, Coverage Not Provided, or Refer to Earthquake, Flood, and Sewer Backup Endorsement.
The limit is $10,000 and the waiting period is 24 hours unless other
values are entered. Overhead Transmission Lines are covered unless marked as
excluded.
The limit is $5,000 unless a different limit
is entered.
Check the appropriate box for Coverage Provided, Coverage Not Provided,
or Refer to Earthquake, Flood, and Sewer Backup Endorsement.
The limit is $5,000 per occurrence subject to $15,000 in any one
12-month period and the waiting period is 24 hours unless other values are
entered.
The 01 12 edition
added the word Limit (“Limit”) because Limit is a defined word.
A deductible amount
must be entered for All Covered Perils.
Other deductibles can be entered for the following and supersede the
entry for all covered perils:
Notes:
The deductible entered applies to all covered locations.
Under Supplemental Coverages, if earthquake, flood, and/or sewer backup coverage boxes are checked, a deductible that applies specifically to that selected coverage must be entered. That deductible applies instead of the deductible that applies to all covered locations.
There are two
coinsurance sections. One applies to Hardware, Media, Programs, and
Applications. The other applies to Income Coverage. An entry of one of the
following must be made for each section:
One of two valuations must be selected:
One of two waiting period options must be selected. If the waiting
period is selected, the waiting period is 24 hours unless a different
number of hours is entered:
Additional
Information (01 12 change)
This section of the schedule of coverages lists endorsements and forms included when the policy is issued.
The previous edition
referred to this section as Optional Coverages and Endorsements.
This analysis is of the 10 02 edition.
This coverage form is similar to IM 7200–Electronic Data Processing Equipment Coverage Part–Scheduled Limits analyzed above except for changes in fourteen sections. This analysis addresses only the differences in the fourteen sections.
The term Computer Coverage in IM 7201 replaces the term Electronic Data Processing–Equipment Coverage Part in IM 7200.
Two definitions are added, three are changed, and three are eliminated.
New definitions
The following are the new definitions:
Changed definitions
The following are the three definitions changed:
Eliminated definitions
The following definitions
are eliminated because the terms are not used in this coverage form:
Note: These items are covered under this form as hardware. This means that coverage is actually broader than under the IM 7200 because coverage applies to these on the same basis as any other hardware.
One item is changed and one item is eliminated.
Changed property
covered
Software Coverage does not list data records and proprietary programs as covered as in IM 7200. It then specifically states that there is no coverage for them except as provided in Supplementary Coverages.
Eliminated property
covered
Item 3. Website Server coverage is totally removed.
This coverage is part of IM 7201 while it must be endorsed to IM 7200. This coverage applies during the restoration period when the business is partially or completely interrupted because a covered peril that occurs involves covered property at locations on the schedule of coverages. A limit for the coverage must be entered for the location on the schedule of coverages. A box for only one of the following must be also checked:
Note: To avoid confusion, the word "none" should be entered in the income coverage limits space when the income coverage not provided box is checked.
The new item is not covered is Website Servers.
Instead of only the
Loss of Internet Service Provider or Web Host being excluded, all coverage for
Website Servers is excluded.
There are four changes to coverage extensions.
One supplemental
coverage is added, seven are changed, and four are eliminated.
Added Coverage
The coverage added is Proprietary Programs and Data Records. It covers the cost of research necessary to reproduce or restore lost files or codes on lost or damaged data records and proprietary programs of the named insured and of others in its care, custody, or control. Coverage applies only when a covered peril causes the loss and occurs at locations on the schedule of coverages. The limit is $5,000 in any one occurrence.
Note: IM 7200 does not provide this supplemental coverage because Software under Covered Property in that coverage form includes Data Records and Proprietary Programs.
Changed Coverages
The following are the coverages changed:
Eliminated Coverages
The following are the coverages eliminated:
Note: Remember that Protection and Control Systems, Reproduction Equipment, and Telecommunications Equipment are covered as Hardware and therefore no supplemental coverage is needed.
The section is new because IM 7200 does not offer business income coverage. These coverage extensions apply only if limits are entered for the Income Option on the schedule of coverages. The following are the Coverage Extensions in this section:
The section is new because IM 7200 does not offer business income coverage. These supplemental coverages apply only if the Income Option is selected on the schedule of coverages. The following are the supplemental income coverages in this section:
The limit is $25,000.
The limit is $10,000.
The limit is $5,000.
The limit is $5,000, subject to a maximum of $15,000 during each 12-month policy period.
Six exclusions are
added and two are changed.
Added exclusions
2. c. Electrical and Power Supply
Disturbance eliminates
coverage for any such disturbance that occurs more than 500 feet from the
premises. This exclusion can be deleted by checking a box on the schedule of
coverages.
Because Loss of Earnings to this coverage, the following exclusions that apply only to loss of earnings or extra expense are added.
Changed exclusions
When Business Income coverage is provided, the new Intent to Continue Business–Income Coverage condition applies. It requires that the named insured resume as much of its operations as possible as soon as possible if it intends to continue in business.
One item is
replaced, two items are added, and one item is eliminated.
Added valuations:
Changed valuation:
Hardware and Website Servers is replaced with Hardware. It reflects a more traditional replacement cost valuation
and does not mention website servers. Hardware must be repaired or replaced
before payment is made and the replacement must be with similar material used for the same purpose. The named insured can
request actual cash value initially and then request replacement cost valuation
as long as it notifies the company of the change within 180 days of the date of
loss. In addition, actual cash value applies if entered on the schedule of
coverages.
Valuation eliminated:
Other Equipment valuation is eliminated.
One item is changed
and three items are added.
Added how much we pay
The following three items added apply only if the Income Coverage Part option on the schedule of coverages is selected:
Changed how much we
pay
The item changed is
Coinsurance. It becomes Coinsurance, Hardware, and Software. The name is
changed to distinguish it from Income Coinsurance. There is no change in the
actual wording.
The Income Coverage Appraisal condition is added. However, it applies only if Income Coverage is selected on the schedule of coverages.
This Schedule of Coverages is used with IM 7202–Electronic Data Processing Equipment Coverage Part–Blanket Limits. The 01 12 edition incorporated a number of editorial changes that do not affect coverage that this analysis does not address. IM 7207 contains the following information:
Policy Number (01 12 addition)
The 01 12 edition added a space to enter the policy number.
The location number and address of each covered location must be entered in the spaces provided. IM 7208–Electronic Data Processing–Additional Locations Schedule is used to schedule additional locations.
In this schedule, there is no longer a limit that applies to individual premises. Instead, a maximum per location limit is provided. This means that if there are five locations with values ranging from $100,000 to $1,000,000, the $1,000,000 limit must be entered so that the highest exposure is covered.
A Catastrophe limit is added that caps the most that is paid in a single occurrence. This is NOT a location limit or a coverage limit. It is an all-encompassing policy level limit. No single occurrence will pay out more than this limit.
The 01 12 edition added the word Limit (“Limit”) because Limit is a defined word.
Catastrophe Limit: (The Most Paid for Any Combination of or Total Losses in Any One Occurrence)
Each of the
following limits is the most paid for loss to that item at a single location:
Equipment Limits:
Software Limits:
Income Coverage
Limit
The 01 12 edition added the word Limit (“Limit”) because Limit is a defined word.
There are three
website server options. The selected option must be checked and other entries
made as follows:
On-site Server
A limit is required for the most paid in a single occurrence for loss to on-site servers.
A limit is required for the most paid in a single occurrence for loss to website software in on-site servers.
On-site Server Coverage under Hardware and Software
A limit is not required because the coverages for hardware and software are broadened to include the On-site server. Those limits must be increased to include the server values.
Off-site Server
A limit is required for the most paid in a single occurrence for loss to off-site servers.
A limit is required for the most paid in a single occurrence for loss to website software in off-site servers.
The 01 12 edition added the word Limit (“Limit”) because Limit is a defined word.
The limits on the Schedule of Coverages for the following coverages apply to all covered locations:
The limit is $25,000 unless a different
limit is entered.
No entry is required.
The number of days is 365 unless a different
number of days is entered.
The limit is $5,000 unless a different limit
is entered.
The limit is $5,000 unless a different limit
is entered.
No entry is required.
Note: Each of these
extensions applies. When an entry is not required, the full policy limit
applies, subject to limitations in the coverage extension.
Each of these coverages provides additional limits of coverage or additional coverage. Required entries vary by type of coverage.
The limit is $500,000 unless a different limit is entered.
Check the appropriate box for Coverage Provided, Coverage Not Provided, or Refer to Earthquake, Flood, and Sewer Backup Endorsement.
Check the appropriate box for Coverage Provided, Coverage Not Provided, or Refer to Earthquake, Flood, and Sewer Backup Endorsement.
The limit is $5,000 unless a different limit is entered.
The limit is $10,000 unless a different limit is entered.
The limit is $500,000 unless a different limit is entered.
The limit is $10,000 unless a different limit is entered.
The limit is $15,000 unless a different limit is entered.
The limit is $15,000 unless a different limit is entered.
The limit is $15,000 unless a different limit is entered.
The limit is $5,000 unless a different limit is entered.
Check the appropriate box for Coverage Provided, Coverage Not Provided, or Refer to Earthquake, Flood, and Sewer Backup Endorsement.
The limit is $50,000 unless a different limit is entered.
The limits are $50,000 limit in a single
occurrence subject to $150,000 in any one 12-month period unless different
limits are entered.
Deductible amounts must be entered for All Covered Perils.
Other deductibles can be entered for the following and supersede the all
covered perils entry:
Notes:
The deductible entered applies to all covered locations.
Under Supplemental Coverages, if earthquake, flood, and/or sewer backup coverage boxes are checked, a deductible that applies specifically to that selected coverage must be entered. That deductible applies instead of the deductible that applies to all covered locations.
There are two
coinsurance sections. One applies to Hardware, Media, Programs, and
Applications. The other applies to Data Records and Proprietary Programs. An
entry of one of the following must be made for each of the sections:
Note: There are NO coinsurance provisions in IM 7202 so if coinsurance is desired IM 7231–Coinsurance Provisions must be added.
Coverage Options
One of the following income coverage options must be selected:
Income Coverage
Extensions
The number of days is 30 unless a different number of days is entered.
The number of days is 30 unless a different number of days is entered.
Supplemental Income
Coverages
The limit is $25,000 unless a different limit is entered.
Check the appropriate box for Coverage Provided, Coverage Not Provided, or Refer to Earthquake, Flood, and Sewer Backup Endorsement.
Check the appropriate box for Coverage Provided, Coverage Not Provided, or Refer to Earthquake, Flood, and Sewer Backup Endorsement.
The limit is $5,000 unless a different limit is entered.
Check the appropriate box for Coverage Provided, Coverage Not Provided, or Refer to Earthquake, Flood, and Sewer Backup Endorsement.
Enter the limit, the waiting period (hours), and whether Overhead Transmission Lines are excluded.
The limit is $5,000 per occurrence subject to $15,000 in any one
12-month period and the waiting period is 24 hours unless other values are
entered.
Income Coverage
Options
Income Coverage Waiting Period
One of the following must be selected:
The waiting period is 24 hours unless a different number of hours is
entered.
Coinsurance
One of the
following coinsurance options must be selected with respect to income coverage:
Additional
Information (01 12 change)
This section of the schedule of coverages lists endorsements and forms included when the policy is issued.
The previous edition referred to this
section as Optional Coverages and Endorsements.
This analysis is of the 10 02 edition.
This coverage form is identical to IM 7200–Electronic Data Processing Equipment Coverage Part–Scheduled Limits analyzed above except for six sections. This analysis addresses only the six sections that are different.
The most important difference in this coverage form is found on the schedule. There are no location specific limits. A limit is provided for the specific coverage along with a catastrophe limit that applies for a single occurrence. The coinsurance is also eliminated unless specific provisions are added. The premises still must be listed and coverages must have limits but under this coverage form, the location and the limit tied together.
Item a. in the definition of Computer Hacking does not include intrusion into a website.
Item 1. is changed from Hardware to Equipment. In addition to hardware, it is broadened to include protection and control systems, telecommunications equipment, and reproduction equipment. Similar property of others in the named insured's care, custody, or control is also covered.
The following three coverage extensions are changed.
The limit is increased to $25,000 from $10,000.
The limit is increased to $5,000 from $2,500.
The limit is increased to $5,000 from $2.500.
Two supplemental coverages are added and five are changed. Three are moved from Supplemental Coverages to Property Covered.
Coverages added
The following are the coverages added:
The limit is $5,000. This limit can be increased.
The limit is $10,000. This limit can be increased.
Example: Charlie has a personal computer with a Windows 95 operating system. All his hardware and programs work fine. His PC is damaged by a covered peril and it is replaced with a new PC with a Windows 8.1 operating system. Charlie attempts to work with all his peripherals and, while undamaged, they are not compatible with the new PC. As a result, Charlie purchases new equipment to work with the new PC since doing so is less expensive than attempting a conversion. This supplemental coverage pays for the new equipment needed to resolve this incompatibility problem. |
Coverages changed
The following are the coverages limits changed:
The limit is increased to $10,000 from $5,000.
The limit is increased to $15,000 from $10,000.
The limit is increased to $5,000 from $2,500.
The limits are increased to $50,000/$150,000 from $25,000/$75,000.
The following coverages
are moved from Supplemental to Property Covered:
The coinsurance condition is eliminated.
This Schedule of Coverages is used with IM 7203–Business Computer Coverage. IM 7220 contains the following information:
Policy Number (01 12 addition)
The 01 12 edition added a space to enter the policy number.
The location number and address of each covered location must be entered in the spaces provided. IM 7208–Electronic Data Processing–Additional Locations Schedule is used to schedule additional locations.
The 01 12 edition
added the word Limit (“Limit”) in various places because Limit is a defined
word.
The following information must be entered for each covered location:
Extra Expense
Coverage or Extra Expense and Income Coverage are options.
If Extra Expense
Coverage is selected, the following information must be entered for each
covered location:
If Extra Expense
and Income Coverage is selected, the limit for extra
expense is included in the income coverage limit. That income limit is
entered on either IM 7241–Business Computer–Income Coverage Schedule–Scheduled
Location Coverage or IM 7242–Business Computer–Income Coverage Schedule–Blanket
Coverage.
This limit applies
to hardware, software, and extra expense. It also applies to income coverage
(if purchased).
The limits on the Schedule of Coverages for the following coverages apply to all covered locations:
The limit is $5,000 unless a different limit is entered.
Coverage Provided. Check that the 500 Feet Limitation is either waived or not waived.
The number of days is 365 unless a different number of days is entered.
Coverage Provided
Note: Each of these extensions applies. If a limit is not entered, the full policy limit applies, subject to any limitations in the coverage extension.
Each of these coverages provides additional limits of coverage or additional coverage. Required entries vary by type of coverage.
The limit is $50,000 unless a different limit is entered.
The limit is $5,000 unless a different limit is entered.
The limit is $5,000 unless a different limit is entered.
A flat deductible
must be entered that applies to all perils and coverages. An entry can be made
to list coverages or perils that have a different deductible.
A selection must be
made for each coverage. A percentage must be entered when Other is selected.
Hardware
Software
A valuation must be
selected. The options are:
Additional
Information (01 12 change)
This section of the schedule of coverages lists endorsements and forms included when the policy is issued.
The previous edition referred to this
section as Optional Coverages and Endorsements.
This analysis is of the 10 04 edition.
This coverage form is identical to IM 7200–Electronic Data Processing Equipment Coverage Part–Scheduled Limits analyzed above except for eleven sections. This analysis addresses only the eleven sections that are different.
The term Business Computer Coverage in IM 7203 replaces the term Electronic Data Processing–Equipment Coverage Part in IM 7200.
Three definitions are added, six are changed, and three are eliminated.
Added definitions
The following are the three definitions added:
Changed definitions
The following six definitions are changed:
· Computer hacking does not include website or website server.
· Computer virus does not include website server.
· Data records include such information stored in hardware.
· Hardware as IM 7203 defines that it does not list telecommunication equipment, reproduction equipment, or protection and control systems as not covered as hardware as they are in IM 7200.
· Media includes flash drives.
· Software does not refer to website software.
The following
definitions are eliminated because the terms are not used in this coverage
form:
Note: These items are covered under this form as hardware. This means that coverage is actually broader than under the IM 7200 because coverage applies to these on the same basis as any other hardware.
Data records and
Proprietary programs no longer have separate limits. They are covered as part
of the software limit.
This is a new optional coverage and is effective only if selected on the schedule of coverage. It applies during the restoration period when the business is partially or completely interrupted because a covered peril occurred that affected covered property at a premises on the schedule of coverages.
One item is added and one is eliminated.
Two items are changed and two are eliminated.
Changed Extensions
The following are changed:
Eliminated Extensions
The following are eliminated:
Three items are changed and 12 items are eliminated.
Changed supplemental coverages
The following are the three items changed:
The following coverages items are eliminated:
Five exclusions are added and six are changed.
The following exclusions
are added:
The following are the exclusions are changed:
There are two changes.
The following two
items are eliminated:
The reference to Virus and Hacking Coverage in restoration of limits is eliminated.
AAIS has developed
the following endorsements and schedule forms for use with the various coverage
forms:
IM 7204–Data Compromise Coverage (01 12
addition)
This is actually an electronic data
processing coverage form. It reimburses expenses, such as for legal and forensic
information technology reviews and notifying individuals affected, that the
named insured incurs if personal identification information in its care,
custody, or control is compromised. Coverage also applies to services provided
to the individuals affected. Examples are restoring their identities, obtaining
credit reports and monitoring them, and establishing information assistance
lines. However, there is no coverage for financial losses that affected
customers sustain.
IM
7208–Electronic Data Processing–Additional Locations Schedule (01 12 change)
(Use with IM 7200)
This schedule lists
additional locations and the limits that apply. The 01 12 edition added a space to enter the policy number.
IM 7209–Computer
Coverage–Additional Locations Schedule (01 12 change)
(Use with IM 7201)
This schedule lists
additional locations and the limits that apply. The 01 12 edition added a space to enter the policy number.
IM
7210–Electronic Data Processing–Additional Premises Schedule (01 12 change)
(Use with IM 7202)
This schedule lists
additional locations. This schedule does not have spaces for limits because IM
7207 includes the limits on a blanket basis. The 01 12 edition added a space to enter the policy number.
IM 7213–Upgrade Value Endorsement
This valuable endorsement
allows the client to insure equipment
based on what equipment will be purchased after a loss instead of basing it on
the current value of existing equipment. The benefits to the client can be
significant but a plan is needed and premium must be based on the new proposed
equipment instead of the older equipment. The replacement hardware and the
hardware being replaced must be described on IM 7214.
IM 7214–Upgrade Value Schedule (01 12
changes)
(Use with IM 7213)
This schedule
provides a description and limit for current hardware and a description and
limit for upgraded hardware. The
01 12 edition added a space to enter the policy number and minor editorial
changes that do not affect coverage.
IM 7215–Electronic Data Processing–Income
Coverage Part
(Use with IM 7200
and IM 7202)
This endorsement
provides income coverage consisting of earnings and extra expense. Additional
built-in coverages include a number of Income Coverage Extensions and
Supplemental Income Coverages.
IM 7219–Hardware
and Software Exclusion (01 12 changes)
This endorsement
excludes coverage for hardware and software related to production equipment,
medical equipment, or heating, ventilating, and/or air-conditioning equipment. The 01 12 edition added a space to enter the
policy number and minor editorial changes that do not affect coverage.
IM 7222–Website Coverage–Extension
Endorsement
(Use with IM 7201)
This endorsement
extends Hardware and Software described under Covered Property to include an
on-site server. It also adds income coverage to include loss of earnings
because of an interruption of the named insured's website and Supplemental
Coverage for Virus and Hacking to Computer Coverage and Income Coverage.
IM 7223–Electrical and Power Supply
Disturbance Limitation
(Use with IM 7200
and IM 7202)
This restrictive
endorsement adds a 500-foot limitation for electrical disturbance and power
supply disturbance. It excludes losses caused by these disturbances that occur
over 500 feet away from the premises where the loss occurred.
IM 7224–Incompatible Hardware and Media (01
12 changes)
This endorsement
adds coverage for the cost to modify or replace undamaged hardware or media
that is no longer compatible with hardware or software (such as programs,
applications, and records) that a covered peril damaged or destroyed. The 01 12 edition added a space to enter
the policy number and minor editorial changes that do not affect coverage.
IM 7226–Foreign Transit and Location
Coverage (01 12 changes)
This endorsement
extends coverage to include personal computing devices that the named insured
or its employees take with them during business travel to foreign countries.
Coverage applies in transit to and from the foreign country as well as for the
period of time spent in the country. The 01 12 edition added a space to enter the policy number and minor
editorial changes that do not affect coverage.
IM 7227–Reproduction Equipment (01 12
changes)
(Use with IM 7201)
This endorsement
extends coverage to apply to reproduction equipment (such as scanners and
photocopying machines) at scheduled locations. The 01 12 edition added a space to enter the policy number and minor
editorial changes that do not affect coverage.
IM 7228–Telecommunications Equipment (01 12
changes)
(Use with IM 7201)
This endorsement
extends coverage to include defined telephone equipment, such as switchgear,
PBX systems, facsimile machines, and video conferencing equipment at scheduled
locations. The 01 12 edition added
a space to enter the policy number and minor editorial changes that do not
affect coverage.
IM 7229–Interruption of Website–Income
Coverage
(Use with IM 7200
and IM 7202)
This endorsement broadens
coverage under IM 7215–Electronic Data Processing–Income Coverage Part to
include loss of earnings that results from interruption of the named insured's
website. The interruption must be due to direct physical loss or damage to the
named insured's off-site server. This endorsement includes a 12-hour waiting
period and coverage is limited to 14 days after the end of the waiting period
unless endorsed to reflect different terms.
IM 7230–Functionally Comparable
Hardware–Valuation
(Use with IM 7201)
This endorsement
changes the valuation of hardware from replacement cost to new but functionally
comparable equipment.
IM 7231–Coinsurance Provisions
(Use with IM 7202)
This endorsement
restricts coverage. It adds coinsurance provisions to the coverage form.
IM 7232–Power Protection Equipment (01 12
changes)
(Use with IM 7201)
This endorsement
adds supplemental coverage for power protection equipment, such as surge
protectors, at scheduled locations. The
01 12 edition added a space to enter the policy number and minor editorial
changes that do not affect coverage.
IM 7233–Production Equipment Exclusion
This endorsement
restricts coverage. It excludes computerized production equipment used in
manufacturing operations.
IM 7234–Calendar Date or Time Failure
Exclusion
This endorsement
restricts coverage. It excludes any loss that results from two-digit coding of
four-digit calendar year dates. However, if loss or damage caused by or that
results from a covered peril occurs, the resulting loss or damage is covered.
IM 7235–Website Server Coverage and
Interruption of Website
(Use with IM 7201
and IM 7203)
This endorsement
provides coverage for an on-site or off-site website server and for loss of
earnings due to interruption of the named insured's web site.
IM 7236–Website Server Schedule (01 12
changes)
This schedule is
used with IM 7235– Web Site Server Coverage and Interruption of Web Site to
schedule coverage. The 01 12
edition added a space to enter the policy number. It also entered the word
“Limits” in a number of places because Limit is a defined word.
IM 7237–Interruption of Website Schedule (01
12 changes)
This schedule is
used with IM 7229–Interruption of Web Site–Income Coverage to schedule
coverage. The 01 12 edition added
a space to enter the policy number. It also entered the word “Limits” because
Limit is a defined word.
IM 7238–Earthquake, Flood, and Sewer Backup
Endorsement
(Use with all
except IM 7203)
This endorsement
provides coverage for earthquake, flood, and/or sewer backup on a sub-limits
basis. It is used with IM 7239–Earthquake,
Flood, and Sewer Backup Schedule.
IM 7239–Earthquake, Flood, and Sewer Backup
Schedule (01 12 change)
This endorsement is
used with IM 7238 to enter the coverages that apply, whether or not coverage
applies to income coverage, the occurrence, catastrophe, and aggregate limits,
and the locations covered. The 01
12 edition added a space to enter the policy number.
IM 7240–Business Computer–Income Coverage
Part
(Use with IM 7203)
This coverage part
provides income (earnings) coverage at designated locations on a scheduled or
blanket basis. IM 7241 or IM 7242 must be attached to schedule the coverage.
IM 7241–Business Computer–Income Coverage
Schedule–Scheduled Location Coverage (01 12 changes)
This schedule is
used with IM 7240–Business Computer–Income Coverage Part to enter the locations
where coverage applies and limits. It also includes the option to include extra
expense. The 01 12 edition added
a space to enter the policy number and minor editorial changes that do not
affect coverage.
IM 7242–Business Computer–Income Coverage
Schedule–Blanket Coverage (01 12 changes)
This schedule is
used with IM 7240–Business Computer–Income Coverage Part to indicate the
blanket coverage and single limit that applies to all locations. It also
displays extensions, supplemental coverages, and options. The 01 12 edition added a space to enter
the policy number and minor editorial changes that do not affect coverage. It
also added quotation marks around the word Limit (“Limit”) because Limit is a
defined word.
IM 7243–Additional Coverages Schedule (01 12
changes)
(Use with IM 7203)
This endorsement is
used with IM 7244 to enter the additional coverages that apply and the
corresponding limit for each. The
01 12 edition added a space to enter the policy number. It also added quotation
marks around the word Limits (“Limits”) because Limit is a defined word.
IM 7244–Additional Coverages Endorsement
(Use with IM 7203)
This endorsement
describes two coverage extensions, four supplemental coverages, and two
supplemental income coverages that can be selected. An appropriate entry must
be made on IM 7243–Additional Coverages Schedule for the specific coverage
extension or supplemental coverage to trigger coverage.
IM 7245–Additional Property Schedule (01 12
changes)
(Use with IM 7201
and IM 7203)
This endorsement is
used with IM 7246–Additional Property Endorsement to enter the additional
coverages that apply and the corresponding limit for each. The 01 12 edition added a space to enter
the policy number. It also added quotation marks around the word Limits (“Limits”)
because Limit is a defined word.
IM 7246–Additional Property Endorsement
(Use with IM 7201
and IM 7203)
This endorsement
extends coverage to include accounts receivable, power protection equipment,
reproduction equipment, telecommunications equipment, and valuable papers. IM
7245–Additional Property Schedule is used to trigger coverage.
IM 7247–Additional Locations
Schedule–Business Computer (01 12 changes)
(Use with IM 7203)
IM 7220–Schedule of
Coverages–Business Computers has spaces for only four locations. When there are
more, the additional location schedule must be checked and this schedule then
added. It has spaces for up to three locations and their limits. The 01 12 edition added a space to enter
the policy number. It also added quotation marks around the word Limits
(“Limits”) because Limit is a defined word.
IM 7248–Earthquake, Flood, and Sewer Backup
Endorsement–Business Computer
(Use with IM 7203)
This endorsement
adds supplemental coverage for the perils of earthquake, flood, and/or sewer
backup.
IM 7249–Earthquake, Flood, and Sewer Backup
Schedule–Business Computer (01 12 change)
(Use with IM 7203)
This schedule is
used with IM 7248 to select the supplemental coverage(s) that apply and any
other necessary information. The
01 12 edition added a space to enter the policy number.
IM 7775–Schedule of Coverages–Data
Compromise Coverage (05 12 addition)
This schedule of coverages is used with IM
7204–Data Compromise Coverage to enter the limits for the coverages that apply
and the deductible that applies to a single data compromise.
Most property that
electronic data processing and computer coverage forms and policies cover is at
fixed locations. For this reason, underwriting the coverages provided involves
evaluating the nature of the physical characteristics at the risk location in
addition to determining the extent of management involvement to properly
maintain and protect the property. Reviewing commercial property underwriting
may be helpful.
Related article:
ISO Commercial Property Program Underwriting Considerations
Computer equipment
is extremely sensitive and highly susceptible to loss or damage caused by fire, smoke, temperature change, and
water. Because some computer property is mobile in nature, transit and unnamed
locations exposures must also be considered. In addition to evaluating location
and transit exposures, the protective devices and services used to protect
computer systems from loss or damage must also be evaluated.
Underwriting the
electronic data processing requirements of a given insured begins with
obtaining a complete inventory of all equipment. This is more involved than
merely checking out various office machinery and equipment since the property
could be used in any or all of an insured's operations.
The limits selected
to protect the equipment must be realistic and reflect current values.
Equipment more than five years old may have little or no residual value. Damaged
property is usually handled on a replacement cost basis with equipment of like
kind and quality. A computer purchased for $10,000 may be available for $1,000
or less at the time of a loss five years later. Computer upgrade coverage is
available that can permit an insured to buy coverage based on what would
replace existing equipment as opposed to the value of current equipment. This could be very valuable for insureds but
because of the potential moral/morale
issue should be considered only with financially secure clients with an
established plan of replacement.
Once the equipment
inventory is complete, the insured must decide how to insure it. Options include doing so as business personal property
under a standard property policy. It could also be covered as electronic data
processing equipment or business computers under an inland marine coverage
form. Both options cover hardware and equipment but an inland marine coverage
form is usually broader as well as more expensive.
Arrangements that
relate to covering software must be handled carefully. With older computer
systems, it is more likely that the software has been customized and altered
internally. The result is that the documentation to assist to reproduce it
after a loss occurs may be inadequate. Backup copies of any altered or
customized software should be made in addition to the original software. All
software should be backed up and duplicated regularly. The duplicates must be
stored at a different location so that both are not involved in the same loss.
Virus and hacking
coverage requires protective measures such as firewalls and other security
features so that neither of these activities interrupts the insured's
operations. All equipment should have current virus protection software that is
updated regularly or replaced as needed.
Surge protection
and similar, related devices must be effective. It does no good to plug a
grounded protective device into an unprotected outlet. Telephone equipment and
connections also need similar surge protection to reduce or eliminate the
chance of the modem being destroyed.
Business assets
exposed at off-site locations and property in various forms of transportation
between premises occurs frequently. Employees are often supplied with computers
in order to work from home or during travel. The simple question of where the
computers are located can lead in a number of different directions and present
perplexing coverage dilemmas to resolve. However, this portion of an
operation's exposures deserves as much care in underwriting as its fixed
location considerations.