AUSTRALIAN DISPUTE RESOLUTION

 

 

This Insurance is not subject to the provisions of the Insurance Council of Australia’s General Insurance Code of Practice.

 

 

Complaints and disputes

 

If you have any concerns or wish to make a complaint in relation to this policy, our services or your insurance claim, please let us know and we will attempt to resolve your concerns in accordance with our Internal Dispute Resolution procedure. Please contact [insert name of  Coverholder] or [name of entity handling your claims] in the first instance:

 

[Complaints officer etc.] [XXXXX entity]

[Email address] [Phone number]

[Street address if needed]

 

We will acknowledge receipt of your complaint and do our utmost to resolve the complaint to your satisfaction within 10 business days.

 

If we cannot resolve your complaint to your satisfaction, we will escalate your matter to Lloyd’s Australia who will determine whether it will be reviewed by their office or the Lloyd’s UK Complaints team. Lloyd’s contact details are:

 

Lloyd’s Australia Limited Email: idraustralia@lloyds.com Telephone: (02) 8298 0783

Post: Suite 1603 Level 16, 1 Macquarie Place, Sydney NSW 2000

 

A final decision will be provided to you within 30 calendar days of the date on which you first made the complaint unless certain exceptions apply.

 

You may refer your complaint to the Australian Financial Complaints Authority (AFCA), if your complaint is not resolved to your satisfaction within 30 calendar days of the date on which you first made the complaint or at any time. AFCA can be contacted as follows:

 

Telephone: 1800 931 678 Email: info@afca.org.au

Post: GPO Box 3 Melbourne VIC 3001 Website: www.afca.org.au

 

Your complaint must be referred to AFCA within 2 years of the final decision, unless AFCA considers special circumstances apply. If your complaint is not eligible for consideration by AFCA, you may be referred to the Financial Ombudsman Service (UK) or you can seek independent legal advice. You can also access any other external dispute resolution or other options that may be available to you.

 

The Underwriters accepting this Insurance agree that:

(i)                 if a dispute arises under this Insurance, this Insurance will be subject to Australian law and practice and the Underwriters  will submit to  the jurisdiction  of any competent Court in the Commonwealth of Australia;

 

(ii)               any summons notice or process to be served upon the Underwriters may be served upon:

Lloyd’s Underwriters’ General Representative in Australia Suite 1603

Level 16

1 Macquarie Place

Sydney NSW 2000

 

who has authority to accept service on the Underwriters’ behalf;

(iii)             if a suit is instituted against any of the Underwriters, all Underwriters participating in this Insurance will abide by the final decision of such Court or any competent Appellate Court.

In the event of a claim arising under this Insurance immediate notice should be given to:  (Insert claim handler details)

 

 

Explanatory Note (not forming part of this [document]):

 

1.      It is not compulsory for the Lloyd’s General Representative to accept service on behalf of Underwriters. If Underwriters require a local law firm to be named as authorised to accept service, their details should replace those in italics above. This [document] is for use in respect of insurance business not within the scope of the Australian General Insurance Code of Practice.

2.      This wording replaces NMA1854, LMA5135, LMA5136 and LMA5137.

 

 

 

 

 

 

LMA5545

17 May 2021

CYBER and DATA LIMITED EXCLUSION - ENDORSEMENT 2A (for attachment to US General Liability and Excess Liability forms)

 

CYBER and DATA LIMITED EXCLUSION - ENDORSEMENT 2A (for attachment to US General Liability and Excess Liability forms)

 

1                Notwithstanding any provision to the contrary within this Policy or any endorsement thereto this Policy does not apply to any actual or alleged loss, damage, liability, claim, fine, penalty, cost or expense of whatsoever nature directly or indirectly caused by, contributed to by, resulting from, arising out of or in connection with any:

1.1          Cyber Act or Cyber Incident including, but not limited to, any action taken in controlling, preventing, suppressing or remediating any Cyber Act or Cyber Incident;

1.2          Data Breach; or

1.3          other loss of use, reduction in functionality, repair, replacement, restoration, reproduction, loss of, damage to, corruption of, inability to access or inability to manipulate or theft of any Electronic Data, including any amount pertaining to the value of such Electronic Data

regardless of any other cause or event contributing concurrently or in any other sequence thereto, unless subject to the provisions of paragraph 2.

 

 

2                Paragraph 1 of this Exclusion does not apply in respect of any actual or alleged loss, damage, liability, claim, cost or expense for and/or arising out of:

2.1          any Bodily Injury (however, this sub-paragraph 2.1 does not apply to mental injury, mental anguish, shock or humiliation unless resulting directly from actual bodily injury), or;

2.2          any Property Damage

 

resulting from or arising out of a Cyber Incident, a Cyber Act or a Data Breach.

 

Nothing contained in the foregoing shall provide any coverage for any costs incurred by an

Insured in controlling, preventing, suppressing or remediating 1.1, 1.2 or 1.3 above.

 

3                For the avoidance of doubt, this policy does not cover notification costs, crisis consultancy costs, credit monitoring expenses, replacement of actual credit or payment cards, forensic expenses, public relations expenses or legal advice and services arising out of or in connection with a Data Breach.

 

 

Definitions

 

For the purpose of this Endorsement only, the following Definitions will apply:

4                Computer System means any computer, hardware, software, communications system, electronic device (including, but not limited to, smart phone, laptop, tablet, wearable device), server, cloud or microcontroller including any similar system or any configuration of the aforementioned and including any associated input, output, data storage device, networking equipment or back up facility, owned or operated by the Insured or any other party.

5                Cyber Act means an unauthorised, malicious or criminal act or series of related unauthorised, malicious or criminal acts, regardless of time and place, or the threat or hoax thereof involving access to, processing of, use of or operation of any Computer System.

6                Cyber Incident means:

6.1          any error or omission or series of related errors or omissions involving access to, processing of, use of or operation of any Computer System; or

6.2          any partial or total unavailability or failure or series of related partial or total unavailability or failures to access, process, use or operate any Computer System.

7                Data Breach means:

7.1.       the theft, loss, access to, acquisition of, or unauthorized or unlawful use or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit or payment card information, health information, biometric data or any other type of non- public information, involving access to, processing of, use of or operation of any Computer System; or

7.2.       the violation of any statute, regulation, common-law, or any other law regulating or protecting access to collection, use or disclosure of, or failure to protect any non-public confidential or personal information in the form of Electronic Data.

8                Electronic Data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.

 

 

For the purposes of this Endorsement only the definition of Property Damage is deleted and replaced with:

9                Property Damage means physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it. Electronic Data is not tangible property

 

 

 

LMA5476B 23 July 2021