Certificates of Insurance Florida Approved Risk Management
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Lawyers 3-10-2021
INSURANCEFLMMutual
COMPANY
CERTIFICATE OF INSURANCE
This Certificate does not amend, extend or alter the coverage afforded by the policy.
This is to certify that the policy of insurance shown below has been issued and is in force at this time.
NAMED INSURED AND ADDRESS:
Oropeza, Stones& Cardenas, PLLC
221 Simonton Street
Key West, FL 33040
TYPE OF INSURANCE: LAWYERS PROFESSIONAL LIABILITY
POLICY NUMBER: 97435
POLICY TERM: 02/11/2021 to 02/11/2022
LIABILITY LIMITS: $1,000,000 Per Claim
$1,000,000 Total Limit
DEDUCTIBLE: $10,000 Annual Aggregate
CANCELLATION: Should the above-described policy be canceled before the expiration date thereof, the issuing
Company will endeavor to mail 30 days written notice to the below named Certificate Holder, but failure to
mail such notice shall impose NO obligation or liability of any kind upon the Company, its agents or
representatives.
CERTIFICATE HOLDER: Monroe County COCC
1100 Simonton Street, Room 2-206
Key West, FL 33040
This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder.
March 10, 2021
DATE OF ISSUE
o i i l o om oe i o e
INSURANCEF Florida
Lawyers
LMMutual
COMPANY
LiabilityLawyers Professional
Dear Insured —
Thank you for renewing your lawyers professional liability coverage with Florida Lawyers Mutual.
Please review the enclosed documents carefully and let us know if you have any questions.
Keep Informed Changes During The Year
Contact Information:
You must notify us in writing of all changes to your firm name, address, phone and fax
numbers or email address and send a copy of the revised letterhead for our records.
Attorney Changes:
You must notify us in writing of all attorney changes within thirty (30) days.
If an attorney joins the firm a New Lawyer Information form must be sent to us.
The form is available on our website or by email or fax.
If an attorney leaves the firm we need the attorney's name and last date with the firm.
A Risk Management Hotline is an added benefit to FLMIC insureds.
See the enclosed brochure for more information.
FREE CLE Courses — please visit our website www.flmic.com for more information.
We sincerely appreciate your continued support of Florida Lawyers Mutual. Please contact us if
you have any questions or need further assistance.
Sincerely yours,
Kimberly Cooper, CPSR
Senior Underwriter
i i i l 10 11 MI I I e
M"""'j
541 E. Mitchell Hammock Road Oviedo, Florida 32765
FL
u S U R A C E COMPANY Phone: 800-633-6458 Fax: 800-781-2010
www.flmlc.com
Lawyers Professional Liability Policy
This is a Claims Made and Reported Policy. Please read it carefully.
Declarations
Policy Number: 93659
Item 1. Named Insured: Oropeza, Stones & Cardenas, PLLC
Mailing Address: 221 Simonton Street
Key West, FL 33040
Item 2. Policy Period: From 02/11/2020 to 02/11/2021 at 12:01 A.M.
Standard Time at Your Address Shown Above
Item 3. Limit of Liability: $1,000,000 Per Claim
$1,000,000 Total Limit
Item 4. Deductible: $10,000 AnnualAggregate
Item 5. Policy Premium: $16,908.00 Annual Premium
Item 6. Forms and Endorsements Attached at Policy Issuance:
FLPL-101 (R.10/01/2018) FLPL-20OR (R.01/01/2014) FLPL-103 (R.08/01/2011)
FLPL-109 (R.08/01/2011) FLPL e-JDTM (R.01/01/2016)
The Policy is not valid until signed by Our authorized representative.
January 08, 2020
Date Issued Aut e epre motive
FLPL-100 (R.0810112011) Page 1 of 1
Florida Lawyers III
F" L r NSU RAN CE CO ,MPAN: Y
Lawyers Professional Liability Policy
This is a Claims Made and Reported Policy. Please read it carefully.
RETROACTIVE DATE SCHEDULE ENDORSEMENT
Named Insured: Oropeza, Stones & Cardenas, PLLC
Policy Number: 93659 Endorsement Number: 1 Effective Date: 02/11/2020
It is understood and agreed that the Retroactive Date of each lawyer is as shown below:
Name Retroactive Date
Susan M. Cardenas 02/11/1997
Gregory S. Oropeza 04/01/2017
Adele V. Stones 02/11/1997
All other terms and conditions of the Policy remain unchanged.
January 08, 2020 �•
Date Issued Alit Sze .Repr live
FLPL-1 03(R.0810112011) Page I of I
Mutual,Florida Lawyers
INSURANCEI L P
Lawyers Professional Liability Policy
This is a Claims Made and Reported Policy. Please read it carefully.
DEDUCTIBLE ENDORSEMENT
Named Insured: Oropeza, Stones & Cardenas, PLLC
Policy Number: 93659 Endorsement Number: 2 Effective Date: 02/11/2020
In consideration of a reduced premium, it is understood and agreed that the first sentence of
paragraph C. DEDUCTIBLE under Section IV. LIMITS OF LIABILITY AND DEDUCTIBLE,
is deleted and replaced by the following:
"The annual aggregate deductible amount shall be applied to Damages and Claims Expense."
All other terms and conditions of the Policy remain unchanged.
January 08, 2020
Date Issued Au. z Repr ative
FLPL-109 (R.0810112011) Page I of I
Florida Lawyers Mutual
FLM
INSURANC E COMPANY'
LAWYERS PROFESSIONAL LIABILITY AGREEMENT
IMPORTANT NOTICE
THIS IS A CLAIMS MADE AND REPORTED INSURANCE POLICY.
PLEASE READ CAREFULLY.
Please call 800.633.6458 to present inquiries or obtain
information about coverage and to receive assistance
in resolving complaints.
FLPL-101 (R.10/01/2018) Florida Lawyers Mutual Insurance Company Page 1 of 13
TABLE OF CONTENTS
Section Page
I. DEFINITIONS 3
II. INSURINGAGREEMENT
A. Coverage of Claims and Incidents 4
B. Notices of Claims, Incidents and Suits as a Condition of Coverage 5
C. Defense and Settlement 5
D. Trial Attendance Coverage 5
E. Disciplinary Proceeding Coverage 5
III. INSUREDS
A. Who is an Insured 6
B. Death of Insured 6
IV. LI MITS OF LIABI LITY AN D DEDUCTI BLE
A. Limits of Liability 7
B. Supplemental Claims Expense Coverage 7
C. Deductible 7
D. No Deductible for Pro Bono Activities 7
E. Multiple Insureds,Claims,Claimants, Policies 7
F. Reimbursement to Us 7
V. EXCLUSIONS
A. No Coverage or Benefits with Respect To 8
B. Waiver of Exclusion or Breach of Conditions 8
VI. EXTENDED CLAIMS REPORTING PERIOD
A. Extended Claims Reporting Periods 9
B. Extended Claims Reporting Period for Estate of Certain Insureds 9
C. Extended Claims Reporting Period for Disability of Certain Insureds 9
D. Extended Claims Reporting Period for Retirement of Certain Insureds 10
VII. OTHER CONDITIONS AND OBLIGATIONS
A. Insured's Cooperation 10
B. Subrogation 11
C. Bankruptcy/Insolvency 11
D. Actions Against Company 11
E. Policy Territory 11
F. Firm Changes 11
G. Assignment 11
H. Conforming to Law 11
I. Other Insurance 11
J. Cancellation or Non-Renewal 12
K. Assistance in Risk Management and Audit 12
L. Representations and Reliance 12
M.Changes in Policy Form 12
N. Notices 12
Vill. MUTUAL COMPANY POLICY PROVISIONS
A. Member of the Company 13
B. Voting 13
C. Non-Assessable 13
FLPL-101 (R.10/01/2018) Florida Lawyers Mutual Insurance Company Page 2 of 13
I. DEFINITIONS
Defined words appear in bold type and apply to any part of the Policy where they appear. The words We, Us, Our, or
Company mean Florida Lawyers Mutual Insurance Company.Other defined words are:
1. "Claim"means a written demand received by an Insured for money or services including the service of Suit.
2. "Claimant" means the person, organization or entity, or their legal representatives, other than the Insured, who
makes a Claim.
3. "Claims Expense" means: (a) fees charged by any attorney or arbitrator designated by Us; (b) all other fees, costs
and expenses resulting from the investigation, adjustment, defense or appeal of a Claim, arbitration,Suit or other
proceeding, if incurred by Us or by the Insured with Our written consent. Claims Expense does not include salary
or expense of Our employees.
4. "Damages" means a monetary judgment or settlement which the Insured is legally obligated to pay for any Claim
to which this insurance applies.
S. "Disciplinary Proceeding" means a complaint or inquiry to or by The Florida Bar,or a proceeding arising from or
in response to a complaint or inquiry to or by The Florida Bar,or a disciplinary action,case or matter, under the
Rules Regulating The Florida Bar, involving an allegation that an Insured has violated the Rules Regulating The
Florida Bar.
6. "Extended Claims Reporting Period" means a specified time period after the Policy Period to report covered
Claims or Incidents.
7. "Fines, Sanctions or Penalties" means punitive damages, multiple damages or other disciplinary related
assessments, orders or judgments (including costs and attorneys' fees) imposed or entered by a court or
disciplinary authority against an Insured.
8. "Incident" means any circumstance, act, error or omission which reasonably could be expected to be the basis of
or lead to a Claim or Suit covered by the Policy, including any notice, advice, threat, whether written or verbal,
that any person, business entity or organization intends to hold an Insured responsible for any alleged error or
omission.
9. "Insured" means any person or organization qualifying as an Insured herein under Section III. A. WHO IS AN
INSURED.
10. "Named Insured" means the individual, firm or professional legal business entity named on the Declarations as
Named Insured.
11. "Personal Injury"means injury arising out of the performance of Professional Services resulting from:
a. False arrest,detention or imprisonment;
b. Wrongful entry or eviction or other invasion of the right of private occupancy;
C. Malicious prosecution based on legal malice inferred from the absence of probable cause and not
actual malice;or
d. The publication of defamatory material,or a writing or saying in violation of an individual's right
to privacy; provided, however, defamation or invasion of privacy made with ill will, malice, or
intent to cause injury or harm by or with the consent of the Insured shall not be Personal Injury.
12. "Policy" means collectively this Agreement, the Declarations, and all endorsements, the application and
supplements thereto.
13. "Policy Period" means the time between the first date shown in the Declarations and the earlier of termination,
expiration or cancellation of the Policy. This does not include any Extended Claims Reporting Period.
FLPL-101 (R.10/01/2018) Florida Lawyers Mutual Insurance Company Page 3 of 13
14. "Predecessor Firm" means any lawyer, law firm or professional legal business entity engaged in the practice of law
whose financial assets and liabilities the Named Insured is the majority successor in interest.
15. "Professional Services" means services performed by an Insured on behalf of the Named Insured: (a) in a lawyer-
client relationship; (b) as a notary public; (c) as a personal representative, conservator, receiver, guardian, or
trustee; (d)as an arbitrator,mediator, referee,special master,or hearing officer; (e)as a title agent.
"Professional Services" does not mean or include any matters pertaining or related to an Insured's charges for
services or expenses.
16. "Retroactive Date" means the date, as shown in the Retroactive Date Schedule Endorsement of the Policy, on or
after which any act, error or omission in Professional Services or Personal Injury must have occurred in order for
Claims arising therefrom to be covered under the Policy.
17. "Suit" means a court action brought against an Insured for money or services,or an arbitration proceeding seeking
money damages or services to which the Insured is required to submit or to which the Insured has submitted with
Our consent.
II. INSURING AGREEMENT
In consideration of the Named Insured's payment, when due, of the premium and the deductible as stated in the
Declarations, and in reliance upon the information provided in the application and the performance of the terms,
provisions and conditions of the Policy by the Insured,the Company agrees as follows:
A. COVERAGE OF CLAIMS AND INCIDENTS
Subject to the Limit of Liability shown in the Declarations(Limit of Liability) and all of the terms, conditions and provisions
of this Agreement,We will pay all sums that an Insured must legally pay to compensate others for loss resulting from any
act, error or omission in Professional Services provided or that should have been provided, or for Personal Injury arising
from the Professional Services of an Insured,provided that:
1. Reported Claims:We will cover Claims first made during the Policy Period,if:
a. The Claim is based on an Incident that occurred on or after the Retroactive Date of the involved Insured;
and
b. The Claim is made against an Insured during the Policy Period;and
C. We receive written Notice of the Claim in compliance with Section II. B. of this Agreement during the
Policy Period;and
d. No Insured had knowledge of the Incident prior to the Policy Period.
2. Reported Incidents: We will cover Claims first made against an Insured after the Policy Period,if:
a. During the Policy Period,the Insured first becomes aware that an Incident occurred;and
b. Such Incident occurred on or after the Retroactive Date of the involved Insured;and
C. A written Notice of the Incident,complying with Section 11. B.of this Agreement, is delivered to Us during
the Policy Period;and
d. No Insured had knowledge of the Incident prior to the Policy Period.
FLPL-101 (R.10/01/2018) Florida Lawyers Mutual Insurance Company Page 4 of 13
B. NOTICES OF CLAIMS,INCIDENTS AND SUITS AS A CONDITION OF COVERAGE
As a condition of coverage, if during the Policy Period an Insured first becomes aware of an Incident, Claim or Suit,the
Insured must,within the Policy Period:
1. Deliver to Us immediately, written Notice of any Incident, Claim or Suit and provide to Us the fullest information
available or obtainable,including:
a. The date or dates of the alleged Incident or Claim;
b. A summary of the circumstances giving rise to the Incident or Claim and the injury or damage that has or
may result;and
C. The circumstances by which you first became aware of the Incident or Claim.
2. Immediately deliver to Us all Suit papers received by you or your representative(s).
Any Claim subsequently made against the Insured arising out of a reported Incident will be deemed,for the purpose of this
insurance, to have been made during the Policy Period. If an Insured fails to report an Incident to Us as required by this
Agreement,any Claim arising out of the unreported Incident will not be covered by the Policy.
C. DEFENSE AND SETTLEMENT
1. We will defend any covered Claim or Suit brought against the Insured,even if the Claim or Suit is groundless,false
or fraudulent.We will defend any non-covered Claim or Suit when such Claim or Suit is filed in conjunction with
any covered Claim or Suit arising out of the same act,error or omission until the covered Claim or Suit is resolved
by settlement,dismissal or final judgment.
2. We have the right to investigate, retain defense counsel and settle any Claim or Suit. We will not settle a Claim or
Suit without consulting the Insured,but the Insured's consent to settle will not be required.
3. We will pay all costs of defending the Claim or Suit that do not exceed the applicable Limit of Liability.We will not
defend a non-covered Claim or Suit except as set forth in paragraph 1. above.We will not defend or pay any Claim
or Suit after the Limit of Liability has been exhausted in paying judgments, settlements, or Claims Expense.We will
not defend or pay a Claim or Suit after We have deposited the applicable Limits of Liability of the Policy in a court
of competent jurisdiction. If the Limits of Liability have been exhausted before a pending Claim or Suit has been
settled,We will withdraw from defending the Claim or Suit and tender the defense to the Insured.
D. TRIAL ATTENDANCE COVERAGE
We shall pay the Insured a loss of earnings allowance of$250 for each half-day subject to a maximum of$500 per day when
the Insured attends a trial at Our request. This allowance shall not exceed$5,000 total per Policy Period.
The Policy deductible shall not apply to any payments under this provision. Further, any payments made under this
provision will not reduce the Limit of Liability provided by the Policy.
E. DISCIPLINARY PROCEEDING COVERAGE
We shall pay up to $10,000 for reasonable fees and costs of legal services charged by a lawyer selected by the Company to
defend an Insured as a result of a Disciplinary Proceeding based on allegations of violation of the Rules Regulating The
Florida Bar in performing Professional Services on or after the Retroactive Date of the Insured.Such Disciplinary Proceeding
must be first made against an Insured during the Policy Period and reported in writing to Us during the Policy Period.
This provision does not provide coverage to an Insured for payment of any costs taxed against an Insured or any restitution
sums or other monetary awards of any other kind or description that result from the institution or disposition of a
Disciplinary Proceeding.
The Policy deductible shall not apply to any payments under this provision. Any payments made under this provision will
not reduce the Limit of Liability as provided by the Policy.
The maximum amount payable under the Policy for Disciplinary Proceedings shall not exceed $10,000 per Policy Period
regardless of how many Disciplinary Proceedings occur and are reported to Us during the Policy Period.
FLPL-101 (R.10/01/2018) Florida Lawyers Mutual Insurance Company Page 5 of 13
III. INSUREDS
A. WHO IS AN INSURED
Each of the following is an Insured to the extent set forth below:
1. The Named Insured as identified in the Declarations.
a. If the Named Insured is an individual,then only with respect to acts,errors or omissions in Professional
Services in the law practice of that individual.
b. If the Named Insured is a professional legal business entity, then any lawyer, partner, officer, director,
shareholder, or member of the Named Insured, but only with respect to acts, errors or omissions in
Professional Services in the law practice of the Named Insured or Predecessor Firm.
2. Any non-lawyer employee of the Named Insured, but only with respect to acts,errors or omissions in Professional
Services in the law practice of the Named Insured.
3. Any lawyer serving as "of counsel" to the Named Insured but only with respect to acts, errors or omissions in
Professional Services in the law practice of the Named Insured.
4. Any lawyer who was a partner, officer, director, shareholder, member or employee of or "of counsel" to the
Named Insured or Predecessor Firm at the time the acts,errors or omissions on which liability is asserted occurred
but only with respect to acts, errors or omissions in Professional Services in the law practice of the Named Insured
or Predecessor Firm as a partner, officer, director, shareholder, member or employee of or "of counsel" to the
Named Insured or Predecessor Firm.
No coverage is provided under the Policy for any partner,officer,director,shareholder,member,employee or"of counsel"
for acts,errors or omissions occurring before joining the Named Insured,unless coverage for prior Incidents is purchased
and the appropriate Retroactive Date is shown.
The Named Insured will be deemed the agent of all Insureds in regard to all matters relating to the Policy.
B. DEATH OF INSURED
If a lawyer who is an Insured dies during the Policy Period,the following provisions apply:
1. The personal representative of the estate of a deceased lawyer or the person who has temporary custody of the
deceased lawyer's business affairs is not an Insured and does not have any rights under the Policy except as
specifically stated in this DEATH OF INSURED provision.
2. We will accept actions of the personal representative of the estate of a deceased lawyer or a person who has
temporary custody of the deceased lawyer's business affairs to the extent necessary to fulfill the duties or
obligations of the Insured under the Policy.
3. The personal representative of the estate of a deceased lawyer or a person who has temporary custody of the
deceased lawyer's business affairs may exercise the right of an Insured, subject to the terms and limitations of the
Policy,to obtain an Extended Claims Reporting Period endorsement.
4. If the Named Insured identified in the Declarations is an individual or a legal business entity having only one
director, officer, shareholder or owner, We will not renew the Policy after the death of such individual, sole
shareholder,officer,director or sole owner.
FLPL-101 (R.10/01/2018) Florida Lawyers Mutual Insurance Company Page 6 of 13
IV. LIMITS OF LIABILITY AND DEDUCTIBLE
A. LIMITS OF LIABILITY
Regardless of the number of persons covered by the Policy,Claims made or Suits brought,the most We will pay is:
1. For each Claim and its related Claims Expense first made against an Insured and reported to the Company during
the Policy Period, including any Extended Claims Reporting Period, the amount stated in the Declarations under
Limit of Liability as"per claim".
2. For all Claims and all related Claims Expenses first made against an Insured and reported to the Company during
the Policy Period, including any Extended Claims Reporting Period, the amount stated in the Declarations under
Limit of Liability as"total limit".
B. SUPPLEMENTAL CLAIMS EXPENSE COVERAGE
The Policy includes supplemental Claims Expense coverage with an aggregate limit equal to 25%of the "per claim" Limit of
Liability stated in the Declarations, not to exceed$1,000,000 for the Policy Period, including any Extended Claims Reporting
Period. This supplemental Claims Expense coverage will be used to pay Claims Expense before the available Limit of
Liability is used to pay Claims Expense.
C. DEDUCTIBLE
The annual aggregate deductible amount shall only be applied to Damages. Regardless of the number of Claims first made
during the Policy Period and any Extended Claims Reporting Period, the total payable by the Insured shall not exceed the
annual aggregate deductible amount as stated in the Declarations. The Limit of Liability will apply in excess of the
deductible. We will pay covered Claims over the deductible, up to the unused Limit of Liability. If the Company has paid any
amounts within the applicable deductible,the Insured agrees to reimburse Us the deductible amount within thirty(30) days
after We notify the Named Insured of the amount due. All Insureds are jointly and severally liable for all deductible
payments due the Company.The Company has the right to recover from the Insured,any fees and/or costs incurred by the
Company in collecting the deductible.
D. NO DEDUCTIBLE FOR PRO BONO ACTIVITIES
The deductible will not apply to any Claim arising from any act, error or omission by an Insured for gratuitous legal services
provided for a client who is referred to any Insured by a legal services office qualified for funding by the Federal Legal
Services Corporation,or sponsored by a voluntary bar association recognized by The Florida Bar.
E. MULTIPLE INSUREDS,CLAIMS,CLAIMANTS,POLICIES
If the Policy issued by Us provides coverage for multiple Insureds as defined herein, the inclusion herein of more than one
Insured or the making of Claims or the bringing of Suits by more than one person or organization will not increase Our Limit
of Liability.Two or more Claims arising out of a single act, error or omission in Professional Services or Personal Injury or a
series of related acts, errors or omissions in Professional Services or Personal Injuries shall be treated as a single Claim.All
such Claims, whenever made, shall be considered first made at the time the earliest Claim arising out of such act, error or
omission in Professional Services or Personal Injury or related acts, errors or omissions in Professional Services or Personal
Injuries was first made.
If any Claim is made against an Insured who qualifies for coverage as an Insured under more than one policy issued by Us,
the maximum We will pay shall not exceed the highest Limit of Liability under any one policy; and, payments under the
Policy will be a pro rata amount based upon the unused Limit of Liability of the Policy and the unused Limits of Liability
provided by all policies.
F. REIMBURSEMENTTO US
If We pay any amount for settlements of Claims that exceed the Limit of Liability (other than the supplemental Claims
Expense coverage provided for in Section IV. B.); or if We pay any amount that is within the deductible; or if We pay any
amount for which We have no liability under the Policy; the Insured must reimburse Us such amounts within thirty (30)
days after We notify the Named Insured of the amount due.
FLPL-101 (R.10/01/2018) Florida Lawyers Mutual Insurance Company Page 7 of 13
V. EXCLUSIONS
A. THE POLICY DOES NOT AFFORD ANY COVERAGE OR BENEFITS WITH RESPECT TO:
1. Any Claim arising out of a criminal,dishonest,intentional,malicious or fraudulent act,error or omission committed
by an Insured.
2. Any Claim seeking Fines,Sanctions or Penalties.
3. Any Claim made against any business enterprise not named in the Declarations:
a. Owned in whole or in part by an Insured;or
b. Which is controlled, operated or managed in whole or in part by an Insured, individually,or in a fiduciary
capacity;including the ownership,maintenance or use of any property.
4. Any Claim arising out of an Insured's non-professional services,or capacity as:
a. An officer,director, committee member, advisory board member, partner,trustee, or employee on behalf
of or in the business of a charitable organization, pension, welfare, profit sharing, mutual or investment
fund or trust, or business enterprise of any other description that is not expressly named in the
Declarations.
b. A public official or employee of a governmental body,subdivision or agency.
C. A fiduciary under the Employee Retirement Income Security Act of 1974 and its amendments or any
regulation or order issued relating to that Act except if an Insured is deemed to be a fiduciary solely by
reason of legal advice given with respect to any employee benefit plan.
S. Any Claim arising out of an act,error or omission by an Insured in rendering investment advice.
6. Any Claim for bodily injury, sickness, disease or death of any person, or injury to, or destruction of any tangible
property or loss of use of that property.
7. Any Claim arising out of any allegation(s)that an Insured has engaged in wrongful or illegal action as an employer,
including without limitation allegations of wrongful termination, employment discrimination, sexual harassment,
wage or other workplace violations.
8. Any Claim arising solely from an act, error or omission by a lawyer with whom an Insured shares office space or
common facilities,if that lawyer is not also an Insured under the Policy.
9. Any Claim arising out of Professional Services by an Insured pertaining to the collection or enforcement of any
debt,obligation or other property owned, in whole or in part, by an Insured.
10. Any Claim arising out of the liability of others which the Insured assumes under any contract or agreement.
B. WAIVER OF EXCLUSION OR BREACH OF CONDITIONS
Whenever coverage under the Policy would be excluded,suspended or lost because of:
1. Exclusion 1 under Section V. A. of the Policy, We will continue coverage otherwise provided by the Policy for all
other Insureds who were neither involved in nor knew of the criminal, dishonest, intentional, malicious or
fraudulent act, error or omission, provided any Insured claiming entitlement to this waiver immediately delivers
written notice to Us of such criminal,dishonest,intentional,malicious or fraudulent act,error or omission;or
2. Failure to comply with Section II. B.of this Agreement,We will continue coverage otherwise provided by the Policy
for all other Insureds who were neither involved in nor knew of the act, error or omission provided any Insured
claiming entitlement to this waiver immediately delivers written notice to Us of such act,error or omission.
Our obligation to pay, in the event of a waiver, shall only be in excess of the deductible and in excess of the full extent of
any assets held by the Named Insured belonging to the involved Insured who is not a beneficiary to the waiver.
FLPL-101 (R.10/01/2018) Florida Lawyers Mutual Insurance Company Page 8 of 13
VI. EXTENDED CLAIMS REPORTING PERIOD
A. EXTENDED CLAIMS REPORTING PERIODS
Insureds shall have the option to extend the time for reporting Claims or Incidents arising from an act, error or omission in
Professional Services or Personal Injury which occurred on or after the Retroactive Date and prior to the end of the Policy
Period,which are first made and reported to the Company during the Extended Claims Reporting Period.
Purchase of an Extended Claims Reporting Period Endorsement is conditioned upon:
1. Prior to the termination, cancellation or non-renewal of this coverage, the Named Insured has complied with all
the terms and conditions of the Policy including the payment of all premiums and/or deductibles when due;and
2. The Named Insured's or the Insured's written request for the endorsement and delivery to FLMIC payment of the
appropriate premium within thirty(30)days after termination of coverage;and
3. The Insured's license to practice law in Florida has not been suspended or revoked and investigative or disciplinary
proceedings which could result in suspension or disbarment have not been instituted by The Florida Bar.
The additional premium and duration of the Extended Claims Reporting Period will be determined under Our rules and
rates in effect on the commencement date of the Extended Claims Reporting Period.
B. EXTENDED CLAIMS REPORTING PERIOD FOR ESTATE OF CERTAIN INSUREDS
If an Insured dies during the Policy Period,the Estate of the Insured shall be provided an Extended Claims Reporting Period
of twenty-four(24)months duration,provided that:
1. Prior to the termination, cancellation or non-renewal of this coverage, the Named Insured has complied with all
the terms and conditions of the Policy,including the payment of all premiums and/or deductibles when due;and
2. The Insured's right to practice law in Florida had not been suspended or revoked and investigative or disciplinary
proceedings which could result in suspension or disbarment have not been instituted by The Florida Bar;and
3. The Insured had been continuously covered by Us for at least five (5) consecutive years immediately prior to the
death of the Insured;and
4. We are furnished with evidence satisfactory to Us of the date of death of the Insured;and
5. We receive a written request for an Extended Claims Reporting Period endorsement under this provision within
sixty(60)days from the expiration of the Policy.
The Extended Claims Reporting Period Endorsement issued under this provision will extend the time for reporting Claims
or Incidents which arise from an act, error or omission in Professional Services or Personal Injury which occurred on or
after the Retroactive Date and prior to the end of the Policy Period, which are first made and reported to the Company
during the Extended Claims Reporting Period.
An Extended Claims Reporting Period added under this provision does not extend the time period in which to exercise the
option to purchase an Extended Claims Reporting Period of longer duration.
C. EXTENDED CLAIMS REPORTING PERIOD FOR DISABILITY OF CERTAIN INSUREDS
If an Insured becomes totally and permanently disabled and unable to practice law during the Policy Period, the Insured
shall be provided an Extended Claims Reporting Period of twenty-four(24)months duration,provided that:
1. Prior to the termination, cancellation or non-renewal of this coverage, the Named Insured has complied with all
the terms and conditions of the Policy including the payment of all premiums and/or deductibles when due;and
2. The Insured's right to practice law in Florida had not been suspended or revoked and investigative or disciplinary
proceedings which could result in suspension or disbarment have not been instituted by The Florida Bar;and
FLPL-101 (R.10/01/2018) Florida Lawyers Mutual Insurance Company Page 9 of 13
3. The Insured had been continuously covered by Us for at least five (5) consecutive years immediately prior to the
disability of the Insured;and
4. Within sixty(60)days from the expiration of the Policy,We are furnished with evidence satisfactory to Us(a) that
the Insured is and became totally and permanently disabled and unable to practice law during the Policy Period,
and (b)that the Insured has resigned from The Florida Bar or has been placed on inactive status by The Florida Bar;
and
S. We receive a written request for an Extended Claims Reporting Period endorsement under this provision within
sixty(60)days from the expiration of the Policy.
The Extended Claims Reporting Period Endorsement issued under this provision will extend the time for reporting Claims
or Incidents which arise from an act, error or omission in Professional Services or Personal Injury which occurred on or
after the Retroactive Date and prior to the end of the Policy Period, which are first made and reported to the Company
during the Extended Claims Reporting Period.
An Extended Claims Reporting Period added under this provision does not extend the time period in which to exercise the
option to purchase an Extended Claims Reporting Period of longer duration.
D. EXTENDED CLAIMS REPORTING PERIOD FOR RETIREMENT OF CERTAIN INSUREDS
If an Insured retires from the practice of law, meaning that he or she permanently and totally ceases the practice of law
during the Policy Period, the Insured shall be provided an Extended Claims Reporting Period of twenty-four (24) months
duration,provided that:
1. Prior to the termination, cancellation or non-renewal of this coverage, the Named Insured has complied with all
the terms and conditions of the Policy including the payment of all premiums and/or deductibles when due;and
2. The Insured's right to practice law in Florida had not been suspended or revoked and investigative or disciplinary
proceedings which could result in suspension or disbarment have not been instituted by The Florida Bar;and
3. The Insured had been continuously covered by Us for at least five (5) consecutive years immediately prior to the
retirement of the Insured;and
4. Within sixty (60) days from expiration of the Policy, We are furnished with evidence satisfactory to Us that the
Insured has totally retired from the practice of law;and
5. We receive a written request for an Extended Claims Reporting Period endorsement under this provision within
sixty(60)days from expiration of the Policy.
The Extended Claims Reporting Period Endorsement issued under this provision will extend the time for reporting Claims
or Incidents which arise from an act, error or omission in Professional Services or Personal Injury which occurred on or
after the Retroactive Date and prior to the end of the Policy Period, which are first made and reported to the Company
during the Extended Claims Reporting Period.
An Extended Claims Reporting Period added under this provision does not extend the time period in which to exercise the
option to purchase an Extended Claims Reporting Period of longer duration.
VII. OTHER CONDITIONS AND OBLIGATIONS
A. I NSURED'S COOPERATION
If an Insured is sued or a Claim is made against the Insured, the Insured must cooperate and assist Us and upon Our
request assist Us in making settlements, in the conduct of litigation, and in enforcing any right of contribution or indemnity
against any person or organization, other than an employee of the Insured who may be liable to the Insured. The Insured
shall attend hearings and trials and assist Us in obtaining and giving evidence. An Insured may not, except at the Insured's
own expense, make any offer or payment, assume any obligation or incur any expenses unless otherwise permitted in the
Policy.
FLPL-101 (R.10/01/2018) Florida Lawyers Mutual Insurance Company Page 10 of 13
B. SUBROGATION
If We make any payment, We are entitled to any rights the Insured has to recover what was paid. Any Insured for whom
We make payment must transfer to Us their rights of recovery against any other person or organization. Any amounts so
recovered shall be allocated as follows: Any recovery shall first be used to pay any loss and expense payments by the
Insured in excess of any deductible(s); second, to repayment of the Insured's deductible; third, for the repayment of
expenses incurred toward subrogation; fourth, to any loss and expense payments by any excess carrier on behalf of the
Insured; and last, to any loss and expense payments by the Company on behalf of the Insured. The Insured must do
everything necessary to secure these rights and must do nothing that would jeopardize them.
We have the right to subrogate against an Insured only if the Claim was brought about, contributed to or caused by an
intentional,dishonest,fraudulent,criminal or intentional malicious act or omission of that Insured.
C. BANKRUPTCY/INSOLVENCY
Our obligations to the Insured remain,even if the Insured becomes bankrupt or insolvent.
D. ACTIONS AGAINSTTHE COMPANY
No action shall be filed against Us unless,as a condition precedent:
1. There has been full compliance with all terms of the Policy;and
2. The Insured's obligation to pay has been determined by a final judgment or by a written settlement agreement
among the Insured,the Claimant and Us.
Any person or entity who has secured such a judgment or written settlement agreement shall thereafter be entitled to
recover under the Policy to the extent of the available Limits of Liability afforded, and, if court action is deemed necessary
to enforce these rights,such action shall be limited to the courts of the State of Florida.
E. POLICYTERRITORY
The Policy provides coverage for Professional Services performed anywhere in the world provided the Claim is made and
Suit is brought in the United States of America,its territories or possessions,or Canada.
F. FIRM CHANGES
If any of the Named Insured's lawyers, partners, officers, directors, or members change during the Policy Period, even if it
results in changes in the name or business style of the firm,We will continue to provide coverage under the Policy provided
that the Named Insured reports the changes to Us promptly.The Named Insured agrees to deliver to Us written notice of
any lawyers joining or leaving the firm within thirty (30) days of such event, and to pay any additional premium which may
be due.
G. ASSIGNMENT
Neither the Named Insured nor any Insured can assign any rights, duties or obligations under the Policy to any other
person,organization or entity.
H. CONFORMING TO LAW
If any part of the Policy is in conflict with the statutes of the State of Florida, those provisions in conflict will automatically
change to conform to the law.
I. OTHERINSURANCE
This insurance is excess over any other insurance, regardless of whether such other insurance is to be primary, pro rata,
contributory,excess,contingent or otherwise. If other insurance applies,the Policy applies only in the amount by which the
applicable Limit of Liability of the Policy exceeds the sum of the applicable liability limits of the other insurance. This
provision will not apply to other insurance written to provide specific insurance in excess of the Policy.
FLPL-101 (R.10/01/2018) Florida Lawyers Mutual Insurance Company Page 11 of 13
J. CANCELLATION OR NON-RENEWAL
Either the Named Insured or the Company can cancel or not renew the Policy by giving written notice to the other. If the
Named Insured cancels,the Named Insured is required to deliver to Us written notice stating the date the cancellation is to
be effective (backdating not permitted). Ninety percent (90%) of the unearned premium will be refunded to the Named
Insured.
If We cancel the Policy during the first ninety (90) days it is in force, a written notice of cancellation will be mailed to the
Named Insured at the address shown in the Declarations or the last address reported to Us in writing.The notice will state
when, not less than twenty (20)days later,the cancellation will be effective. In addition,the notice will state the reason for
cancellation.The twenty (20) day notice will not be required if the Policy is being cancelled for a material misstatement or
misrepresentation, or where there is a failure to comply with Our underwriting requirements.The earned premium will be
calculated pro rata if We cancel the Policy.
If We cancel the Policy after the first ninety (90) days it is in force, a written notice of cancellation will be mailed to the
Named Insured at the address shown in the Declarations or the last address reported to Us in writing.The notice will state
when, not less than forty-five (45) days later, the cancellation will be effective and will state as the reason for cancellation
one of the following: material misstatement, failure to comply with Our underwriting requirements established within
ninety (90) days of the first date of coverage, a substantial change in the risk covered, and/or cancellation for all Insureds in
the same class.The earned premium will be calculated pro rata if We cancel the Policy.
Notwithstanding anything above, if We cancel the Policy because the Named Insured did not pay the premium when due, a
written notice of cancellation stating the reason for cancellation will be mailed to the Named Insured at the address shown
in the Declarations or the last address reported to Us in writing.The notice will state when, not less than ten (10)days later,
the cancellation will be effective.
If We do not renew the Policy, We will mail to the Named Insured, at the address shown in the Declarations or the last
address reported to Us in writing, not less than forty-five (45) days before the end of the Policy,written notice that We will
not renew.The notice will state the reason for non-renewal.The mailing of the notice will be sufficient proof of notice.The
date and hour that coverage will end will be the end of the Policy Period. Delivery of written notice, either by the Named
Insured or Us will be equal to mailing.
K. ASSISTANCE IN RISK MANAGEMENT AND AUDIT
Except where such action would violate client confidentiality or the Rules of Professional Conduct,the Insured will cooperate
with Us by allowing Us to examine the Insured's operations, including interviewing the Insured's employees to identify and
address risk management and underwriting issues.
L. REPRESENTATIONS AND RELIANCE
By accepting the Policy,the Named Insured agrees that the statements and representations in the application for the Policy
are true and material. The Policy is issued in reliance upon the truth, accuracy and completeness of the Named Insured's
statements.
M. CHANGES IN POLICY FORM
If We adopt any revision that would broaden coverage under the Policy without additional premium at any time during the
Policy Period,the broadened coverage will immediately apply to the Policy except that it will not apply to Claims that were
first made against the Insured prior to the effective date of such revision.
N. NOTICES
Except as otherwise specifically stated in the Policy, all notices or communications required or contemplated by the Policy
will be delivered in writing:
If to Us: Florida Lawyers Mutual Insurance Company
541 E. Mitchell Hammock Road
Oviedo, Florida 32765
If to Insured: At the address stated in the Declarations or the last address reported to Us in writing.
FLPL-101 (R.10/01/2018) Florida Lawyers Mutual Insurance Company Page 12 of 13
VIII. MUTUAL COMPANY POLICY PROVISIONS
A. MEMBER OF THE COMPANY
The Named Insured,as the policyholder,is a member of the Company so long as the Policy is in force. Upon cancellation or
non-renewal of the Policy,the Named Insured ceases to be a member of the Company.
B. VOTING
The Named Insured,as the policyholder,has the right to vote,either in person or by proxy,at the Company meetings under
the terms of Our Bylaws and Articles of Incorporation.
C. NON-ASSESSABLE
The Policy is not assessable.The Insured is not liable for any amount other than the payment of the annual premium for the
Policy,any applicable deductible,or reimbursement to the Company for sums in excess of the applicable Limit of Liability.
FLORIDA LAWYERS MUTUAL INSURANCE COMPANY
541 EAST MITCHELL HAMMOCK ROAD
OVIEDO, FLORIDA 32765
PHONE 800.633.6458 FAX 800.781.2010
FLMIC.COM
FLPL-101 (R.10/01/2018) Florida Lawyers Mutual Insurance Company Page 13 of 13
FLPL a-JDTM INSURANCE ENDORSEMENT
(Claims-Made and Reported Coverage)
Effective date: 2/11/2020
This Endorsement ("Endorsement") amends your Policy to provide e-JD insurance on a Claims-Made and
Reported basis.Various provisions in this Endorsement restrict coverage. Read the entire Endorsement carefully
to determine your rights and duties and what is and is not covered. The terms, conditions, exclusions, and limits
of insurance set forth in this Endorsement apply only to the coverage provided by this Endorsement.
All words and phrases in this Endorsement that appear in bold print have the meanings set forth in Section V of
this Endorsement. To the extent any words or phrases used in this Endorsement are defined elsewhere in the
Policy, such definitions provided elsewhere do not apply to give meaning to the words or phrases used in this
Endorsement.
The limits of liability for the coverage provided under this Endorsement are specified in Section IV of this
Endorsement. Such limits of liability are in addition, to, and will not exhaust, the limits of insurance provided
elsewhere under the Policy. Defense costs paid under this Endorsement will erode, and are included within, the
e-JD limits of liability.
SECTION I- COVERAGE AGREEMENTS
In consideration of the premium paid and subject to all terms, conditions, definitions, exclusions and other
provisions of this Endorsement, the Company agrees as follows:
A. MULTIMEDIA LIABILITY COVERAGE
Subject to the limits of liability specified in Section IV of this Endorsement, the Company will pay:
(1) Damages which an insured becomes legally obligated to pay; and
(2) Defense costs,
resulting from a claim for an actual or alleged multimedia peril(s),provided that:
(1) Such claim is first made against the insured during the endorsement period;
(2) The insured reports such claim in writing to the Company no later than sixty(60)days after the
claim is first made against the insured; and
(3) The multimedia peril(s)takes place or first commences on or after the retroactive date.
B. SECURITY AND PRIVACY LIABILITY COVERAGE
Subject to the limits of liability specified in Section IV of this Endorsement, the Company will pay:
(1) Damages which an insured becomes legally obligated to pay; and
(2) Defense costs,
resulting from a claim for an actual or alleged security and privacy wrongful act,provided that:
(1) Such claim is first made against the insured during the endorsement period;
(2) The insured reports such claim in writing to the Company no later than sixty(60)days after the
claim is first made against the insured; and
FLPL e-JDTM(R.01/01/2016) Florida Lawyers Mutual Insurance Company ❑ Page 1 of 22
(3) The security and privacy wrongful act takes place or first commences on or after the
retroactive date.
C. PRIVACY REGULATORY DEFENSE AND PENALTIES COVERAGE
Subject to the limits of liability specified in Section IV of this Endorsement, the Company will pay:
(1) Regulatory fines and penalties and/or any regulatory compensatory award which an
insured becomes legally obligated to pay; and
(2) Defense costs,
directly resulting from a claim for an actual or alleged security breach or privacy breach, provided
that:
(1) Such claim is first made against the insured during the endorsement period;
(2) The insured reports such claim in writing to the Company no later than sixty (60) days after the
claim is first made against the insured; and
(3) The security breach or privacy breach takes place or first commences on or after the
retroactive date.
D. PRIVACY BREACH RESPONSE COSTS, NOTIFICATION EXPENSES, AND CUSTOMER
SUPPORT AND CREDIT MONITORING EXPENSES COVERAGE
Subject to the limits of liability specified in Section IV of this Endorsement, the Company will pay
reasonable privacy breach response costs, notification expenses, and/or customer support and
credit monitoring expenses which you incur during the endorsement period as a direct result of an
adverse media report, security breach or privacy breach,provided that:
(1) The adverse media report, security breach or privacy breach takes place or first commences
on or after the retroactive date; and
(2) You report the adverse media report, security breach or privacy breach in writing to the
Company during the endorsement period, but no later than 60 days from the date an insured
first discovers the adverse media report, security breach or privacy breach.
E. NETWORK ASSET PROTECTION COVERAGE
(1) Loss of Digital Assets
Subject to the limits of liability specified in Section IV of this Endorsement, the Company will
reimburse you for digital assets loss and/or special expenses which you incur during the
endorsement period as a direct result of damage, alteration, corruption, distortion, theft,
misuse, or destruction of digital assets,provided that:
(a) Such damage, alteration, corruption, distortion, theft, misuse, or destruction of digital
assets is directly caused by a covered cause of loss;
(b) The covered cause of loss takes place or first commences on or after the retroactive
date;
(c) You report the covered cause of loss in writing to the Company during the
endorsement period,but no later than 60 days from the date an insured first discovers
the covered cause of loss; and
FLPL e-JDTM (R.01/01/2016) Florida Lawyers Mutual Insurance Company Page 2 of 22
(d) You provide clear evidence that the digital assets loss and/or special expenses directly
resulted from the covered cause of loss.
The Company will pay digital assets loss and/or special expenses for a period of up to twelve
(12) months following the discovery of the damage, alteration, corruption, distortion, theft,
misuse, or destruction of digital assets.
(2) Non-Physical Business Interruption and Extra Expense
Subject to the limits of liability specified in Section IV of this Endorsement, the Company will
reimburse you for income loss, interruption expenses and/or special expenses which you
incur during the period of restoration,but after the waiting period, as a direct result of a total
or partial interruption, degradation in service or failure of an insured computer system,
provided that:
(a) Such total or partial interruption, degradation in service or failure of the insured
computer system is directly caused by a covered cause of loss;
(b) The covered cause of loss takes place or first commences on or after the retroactive
date;
(c) You report the covered cause of loss in writing to the Company during the
endorsement period,but no later than 60 days from the date an insured first discovers
the covered cause of loss; and
(d) You provide clear evidence that the income loss, interruption expenses and/or special
expenses directly resulted from the covered cause of loss.
F. CYBER EXTORTION COVERAGE
Subject to the limits of liability specified in Section IV of this Endorsement, the Company will
reimburse you for cyber extortion expenses and/or cyber extortion monies that you pay as a direct
result of a cyber extortion threat,including a demand for cyber extortion monies,provided that:
(1) Such cyber extortion threat is first made against an insured on or after the retroactive date;
(2) You provide clear evidence that the cyber extortion expenses and/or cyber extortion monies
directly resulted from the cyber extortion threat; and
(3) You report the cyber extortion threat in writing to the Company during the endorsement
period, but no later than 60 days from the date the cyber extortion threat is made against an
insured.
Cyber extortion expenses and/or cyber extortion monies shall not be paid without the Company's
prior consultation and written authorization. You must make every reasonable effort to notify local law
enforcement authorities and the Federal Bureau of Investigation, or similar equivalent foreign agency,
before surrendering any cyber extortion monies in response to a cyber extortion threat.
FLPL e-JDTM (R.01/01/2016) Florida Lawyers Mutual Insurance Company Page 3 of 22
G. CYBER TERRORISM COVERAGE
Subject to the limits of liability specified in Section IV of this Endorsement, the Company will
reimburse you for income loss, interruption expenses, and/or special expenses which you incur
during the period of restoration, but after the waiting period, as a direct result of a total or partial
interruption, degradation in service, or failure of an insured computer system,provided that:
(1) Such total or partial interruption, degradation in service, or failure of the insured computer
system is directly caused by an act of cyber terrorism;
(2) The act of cyber terrorism takes place or first commences on or after the retroactive date;
(3) You report the act of cyber terrorism in writing to the Company during the endorsement
period, but no later than 60 days from the date an insured first discovers the act of cyber
terrorism; and
(4) You provide clear evidence that the income loss, interruption expenses and/or special
expenses directly resulted from the act of cyber terrorism.
SECTION II—DEFENSE,INVESTIGATION,AND SETTLEMENT
The Company will have the right and duty to defend:
A. Any claim for damages covered under Coverage Agreement A or Coverage Agreement B; or
B. Any claim for regulatory fines and penalties and/or a regulatory compensatory award covered
under Coverage Agreement C,
even if the allegations of the claim are groundless, false or fraudulent. The Company has the right to appoint
counsel.
The Company may investigate or settle any claim at its sole discretion. The applicable limits of liability will be
reduced and may be completely exhausted by payment of defense costs. The Company will not be obligated to
pay or defend any claim after the applicable limit of the Company's liability hereunder has been exhausted.
No insured will incur any defense costs or other expenses, or settle any claim, assume any contractual
obligation, admit liability, voluntarily make any payment, or otherwise consent to any settlement or judgment
with respect to any claim without the Company's prior written consent, which will not be unreasonably
withheld. The Company will not be liable for any defense costs or other expenses, settlement or judgment to
which the Company has not consented.
SECTION III-EXCLUSIONS
The insurance provided under this Endorsement does not apply to:
A. Any claim based upon, arising out of, resulting from, in consequence of, or in any way involving any
multimedia peril, security and privacy wrongful act, security breach, privacy breach, covered
cause of loss, cyber extortion threat, act of cyber terrorism or adverse media report:
(1) Which was the subject of written notice given to us or to any other insurer prior to the initial
effective date of your e-JD coverage;
(2) Which was the subject of any prior and/or pending written demand made against an insured, or
a civil, administrative or arbitration proceeding commenced against an insured, prior to the
initial effective date of your e-JD coverage, or that involved the same or substantially the same
fact, circumstance, or situation underlying or alleged in such prior demand or proceeding;
FLPL e-JDTM (R.01/01/2016) Florida Lawyers Mutual Insurance Company Page 4 of 22
(3) Which an insured had knowledge of prior to the initial effective date of your e-JD coverage.
B. Any claim based upon, arising out of, resulting from, in consequence of, or in any way involving any
actual, alleged or threatened discharge, dispersal, release or escape of pollutants, or any direction,
request or voluntary decision to test for, abate, monitor, clean up, remove, contain, treat, detoxify or
neutralize pollutants, nuclear material or nuclear waste. For purposes of this exclusion, "pollutants"
means any solid, liquid, gaseous or thermal irritant or contaminant,including smoke,vapor, soot, fumes,
acids, alkalis, chemicals and waste. "Waste" includes material to be recycled, reconditioned or
reclaimed.
C. Any claim for liability assumed by an insured under any oral or written contract or agreement, except
where such liability would apply apart from such contract or agreement and is otherwise covered by this
Endorsement. With respect to any multimedia peril, security breach or privacy breach, this exclusion
does not apply to any claim alleging liability assumed under contract.
D. Any claim for breach of any express, implied, actual or constructive contract, warranty, guarantee, or
promise, except where such liability would apply apart from such contract, warranty, guarantee or
promise and is otherwise covered by this Endorsement. This exclusion does not apply to any claim
alleging breach of your privacy policy or liability assumed by contract.
E. Any claim which is covered under any other section of the Policy to which this endorsement attaches.
F. Any claim for violations of the False Claims Act or any similar federal or state law, rule, or regulation
concerning billing errors or fraudulent billing practices or abuse.
G. Any claim for infringement of any patent or the misappropriation, theft, copying, display, or publication
of any trade secret.
H. Any claim for unfair competition, price fixing, deceptive trade practices, restraint of trade, or violation
of any anti-trust laws.
I. Any claim based upon, arising out of,resulting from,in consequence of, or in any way involving:
(1) Any employment or employment-related matters, including, but not limited to, employer-
Employee relations,policies, acts or omissions;
(2) Any actual or alleged refusal to employ any person or any other actual or alleged misconduct
with respect to employees; or
(3) Any actual or alleged obligations of the insured under any workers' compensation,
unemployment insurance, social security,disability benefits or other similar law.
This exclusion does not apply to an otherwise covered claim under Coverage Agreement B, which is
brought by your past,present or future employee alleging a security and privacy wrongful act.
J. Any claim for bodily injury or property damage.
K. Any claim for harassment or discrimination because of, or relating to, race, creed, color, age, sex,
sexual orientation or preference, national origin, religion, handicap, disability, political affiliation,
marital status, or any other basis prohibited by federal, state or local law.
L. Any claim based upon, arising out of,resulting from,in consequence of, or in any way involving:
FLPL e-JDTM (R.01/01/2016) Florida Lawyers Mutual Insurance Company Page 5 of 22
(1) Satellite failures;
(2) Electrical or mechanical failures and/or interruption including, but not limited to, electrical
disturbance, spike,brownout, or blackout; or
(3) Outages to gas, water, telephone, cable, telecommunications or other infrastructure, unless such
infrastructure is under your direct operational control and such claim is otherwise covered
under Coverage Agreement E or Coverage Agreement G.
M. Any claim for violation of any of United States of America's economic or trade sanctions, including,
but not limited to, sanctions administered and enforced by the U.S. Treasury Department's Office of
Foreign Assets Control("OFAC").
N. Any criminal proceeding.
O. Any claim based upon, arising out of,resulting from,in consequence of, or in any way involving:
(1) Any willful,deliberately dishonest, malicious, or fraudulent act or omission;
(2) Any intentional violation of the law or of your privacy policy; or
(3) The gaining in fact of any profit, remuneration or financial advantage to which an insured was
not legally entitled,
if committed by any insured, whether acting alone or in collusion with other persons. Notwithstanding
the foregoing, the insurance afforded by this Endorsement will apply to defense costs incurred in
defending any such claim until such time as there is a judgment or other final adjudication adverse to
the insured establishing such willful, dishonest, fraudulent, or malicious conduct. The Company will
have the right to recover defense costs incurred in defending such claim from those parties found to
have committed such willful, dishonest, fraudulent, or malicious conduct.
This exclusion does not apply to:
(1) Any insured that did not commit, participate in, or have knowledge of any willful, dishonest,
fraudulent, or malicious conduct described in this exclusion; or
(2) A claim resulting from sabotage by your employee.
P. Any claim based upon, arising out of,resulting from,in consequence of, or in any way involving:
(1) Any actual or alleged multimedia peril, security and privacy wrongful act, security breach,
privacy breach, covered cause of loss, cyber extortion threat, act of cyber terrorism, or
adverse media report that took place or first commenced prior to the retroactive date; or
(2) Any actual or alleged multimedia peril, security and privacy wrongful act, security breach,
privacy breach, covered cause of loss, cyber extortion threat, act of cyber terrorism, or
adverse media report that took place on or after the retroactive date, which, together with an
actual or alleged multimedia peril, security and privacy wrongful act, security breach,
privacy breach, covered cause of loss, cyber extortion threat, act of cyber terrorism, or
adverse media report that took place prior to the retroactive date, would constitute related
multimedia perils, security and privacy wrongful acts, security breaches, privacy
breaches, covered causes of loss, cyber extortion threats, acts of cyber terrorism or adverse
media reports.
For purposes of this exclusion, multimedia perils, security and privacy wrongful acts, security
breaches, privacy breaches, covered causes of loss, cyber extortion threats, acts of cyber
terrorism, or adverse media reports will be deemed related if we determine that they are logically or
FLPL e-JDTM (R.01/01/2016) Florida Lawyers Mutual Insurance Company Page 6 of 22
causally connected by any common fact, circumstance, situation, event, transaction or series of facts,
circumstances, situations, events or transactions.
Q. Any claim based upon, arising out of, resulting from, in consequence of, or in any way involving any
business,joint venture or enterprise not named on the Declarations.
R. Any claim based upon, arising out of, resulting from, in consequence of, or in any way involving any
conduct, act, error or omission of any individual serving in any capacity other than as your officer,
director,partner, stockholder, trustee or employee.
S. Any claim based upon, arising out of, resulting from, in consequence of, or in any way involving an
insured's insolvency or bankruptcy, the insolvency or bankruptcy of any other individual or entity, or
the failure, inability or unwillingness to make payments because of the insolvency, liquidation, or
bankruptcy of any individual or entity.
T. Any claim based upon, arising out of, resulting from, in consequence of, or in any way involving the
wear and tear, drop in performance,progressive deterioration, or aging of your electronic equipment or
computer hardware.
U. Any claim based upon, arising out of, resulting from, in consequence of, or in any way involving the
failure of overhead transmission and distribution lines.
V. Any claim based upon, arising out of, resulting from, in consequence of, or in any way involving the
gradual deterioration of subterranean insulation.
W. Any claim based upon, arising out of, resulting from, in consequence of, or in any way involving fire,
smoke, explosion, lightning, wind, water, flood, earthquake, volcanic eruption, tidal wave, landslide,
hail, force majeure or any other physical event,however caused.
X. Any claim based upon, arising out of, resulting from, in consequence of, or in any way involving the
gradual deterioration or wear and tear of an insured computer system.
Y. Any claim based upon, arising out of, resulting from, in consequence of, or in any way involving the
actual or alleged inaccurate, inadequate or incomplete description of the price of goods, products or
services.
Z. Any claim based upon, arising out of, resulting from, in consequence of, or in any way involving cost
guarantees, cost representations, contract price or cost estimates being exceeded.
AA. Any claim brought by or on behalf of-
(1) Any insured against another insured;
(2) Any entity which is owned, in whole or in part, by an insured, or any entity directly or
indirectly controlled, operated or managed by an insured;
(3) Any entity which is a parent, affiliate or subsidiary of any entity in which an insured is a
partner or joint venturer; or
(4) Any individual or entity who is a partner or joint venturer of any entity in which an insured is
also a partner or joint venturer.
This exclusion does not apply to an otherwise covered claim under Coverage Agreement B, which is
brought by your past, present or future employee alleging a security and privacy wrongful act, but
FLPL e-JDTM (R.01/01/2016) Florida Lawyers Mutual Insurance Company Page 7 of 22
only if such employee or any of your past or present officers, directors or trustees did not commit,
participate in, or contribute to such security and privacy wrong act or any security breach or privacy
breach.
BB. Any claim based upon, arising out of, resulting from, in consequence of, or in any way involving
unauthorized trading. For purposes of this exclusion, "unauthorized trading"means trading,which at the
time of the trade is:
(1) In excess of permitted financial limits; or
(2) Outside of permitted product lines.
CC. Any claim based upon, arising out of,resulting from,in consequence of, or in any way involving:
(1) The actual or alleged purchase or sale of securities, or an offer, or solicitation of an offer, to
purchase or sell securities;
(2) The actual or alleged loss of value of any securities; or
(3) Any actual or alleged violation of any securities law such as the provisions of the Securities Act
of 1933, the Securities Exchange Act of 1934, the Sarbanes-Oxley Act of 2002 or any
regulation promulgated under the foregoing statutes, or any federal, state, local, or foreign laws
similar to the foregoing statutes, including "Blue Sky" laws, whether such law is statutory,
regulatory or common law.
DD. Any claim for violation of the Organized Crime Control Act of 1970 (commonly known as `Racketeer
Influenced And Corrupt Organizations Act' or `RICO'), as amended, or any regulation promulgated
under the foregoing statutes, or any similar federal, state, local or foreign laws, whether such law is
statutory,regulatory or common law.
EE. Any claim which is brought by the Federal Trade Commission, the Federal Communications
Commission or any other federal, state or local governmental entity, in such entity's regulatory or
official capacity. This exclusion does not apply to an otherwise covered claim under Coverage
Agreement C.
FF. Any claim alleging:
(1) The violation of any pension, healthcare, welfare, profit sharing or mutual or investment plans,
funds or trusts; or
(2) The violation of any provision of the Employee Retirement Income Security Act of 1974 and its
amendments and/or the Pension Protection Act of 2006 and its amendments, or any regulation,
ruling or order issued pursuant thereto.
GG. Any claim based upon, arising out of,resulting from,in consequence of, or in any way involving:
(1) Strikes or similar labor actions, war, invasion, warlike operations (whether declared or not),
civil war, mutiny, civil commotion assuming the proportions of or amounting to a popular
uprising, military uprising, insurrection, rebellion, revolution, military or usurped power, or any
action taken to hinder or defend against these actions;
(2) The confiscation, nationalization, requisition or destruction of, or damage to, property by or
under the order of any government or public or local authority; or
(3) Any action taken in controlling, preventing, suppressing or in any way relating to GG(I) or
GG(2) above.
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This exclusion does not apply to an act of cyber terrorism.
HH. Any claim based upon, arising out of, resulting from, in consequence of, or in any way involving your
commercial decision to cease providing a particular product or service,but only if you are contractually
obligated to continue providing such products or services.
IL Any claim based upon, arising out of,resulting from,in consequence of, or in any way involving:
(1) Gambling or pornography;
(2) Prizes, awards or coupons; or
(3) The sale or provision of prohibited, restricted or regulated items such as alcoholic beverages,
tobacco or drugs.
JJ. Any claim based upon, arising out of, resulting from, in consequence of, or in any way involving the
use of programs that are not operational programs or delivered programs.
KK. Any claim based upon, arising out of, resulting from, in consequence of, or in any way involving any
insured's intentional use of illegal or unlicensed programs that are in violation of the provisions or laws
referring to software protection.
LL. Any claim based upon, arising out of, resulting from, in consequence of, or in any way involving the
confiscation, commandeering,requisition, destruction of, or damage to computer hardware by order of
a government de jure or de facto or by any public authority for whatever reason.
MM. Any claim based upon, arising out of, resulting from, in consequence of, or in any way involving the
existence, emission or discharge of any electromagnetic field, electromagnetic radiation or
electromagnetism that actually or allegedly affects the health, safety or condition of any person or the
environment or that affects the value, marketability, condition or use of any property.
NN. With respect to Coverage Agreement E(1):
(1) Any amount incurred in restoring, updating or replacing digital assets to a level beyond that
which existed prior to the covered cause of loss;
(2) Physical damage to the computer hardware or data center, other than accidental physical
damage or destruction of electronic media so that stored digital assets are no longer machine-
readable;
(3) Contractual penalties or consequential damages;
(4) Any liability to third parties for whatever reason, including legal costs and expenses of any
type;
(5) Fines or penalties imposed by law;
(6) The economic or market value of digital assets;
(7) Costs or expenses incurred to identify,patch or remediate software program errors or computer
system vulnerabilities;
(8) Costs to upgrade, redesign, reconfigure or maintain an insured computer system to a level of
functionality beyond that which existed prior to the covered cause of loss; or
(9) Any losses paid under Coverage Agreement E(2).
00. With respect to Coverage Agreement E(2):
(1) Any loss arising out of updating or replacing digital assets to a level beyond that which existed
prior to the covered cause of loss;
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(2) Contractual penalties or consequential damages;
(3) Any liability to third parties for whatever reason, including legal costs and expenses of any
type;
(4) Fines or penalties imposed by law;
(5) Costs or expenses incurred to identify,patch or remediate software program errors or computer
system vulnerabilities;
(6) Loss of goodwill and reputational harm;
(7) Costs to upgrade, redesign, reconfigure or maintain an insured computer system to a level of
functionality beyond that which existed prior to the covered cause of loss; or
(8) Any losses paid under Coverage Agreement E(I).
SECTION IV-LIMITS OF LIABILITY
A. With respect to the coverages provided under this Endorsement, the limits of liability are as follows:
(1) Multimedia Liability Coverage: $50,000 each Claim
(2) Security and Privacy Liability Coverage: $50,000 each Claim
(3) Privacy Regulatory Defense and Penalties Coverage: $50,000 each Claim
(4) Privacy Breach Response Costs,Notification Expenses,
and Customer Support and Credit Monitoring Expenses Coverage: $50,000 each Claim
(5) Network Asset Protection Coverage: $50,000 each Claim
(6) Cyber Extortion Coverage: $50,000 each Claim
(7) Cyber Terrorism Coverage: $50,000 each Claim
(8) Aggregate Limit: 1-10 attorneys: $50,000
11+attorneys: $150,000
B. The limit of liability stated in paragraph A(1) through paragraph A(7) above as applicable to "each
claim" is the maximum amount the Company will pay for each claim under each Coverage Agreement
of this Endorsement, including defense costs where applicable, regardless of the number of insureds
involved or affected, the number of individuals or entities making a claim, or the number of claims
made.
C. Subject to the provisions respecting "each claim," the "Aggregate Limit" is the maximum amount the
Company will pay for all claims made during the endorsement period under all Coverage Agreements
combined, including defense costs. The "Aggregate Limit" is based on the size of the named insured
firm as of the effective date of this Endorsement and will be determined in accordance with the table
shown in paragraph A(8) above.
D. If the "Aggregate Limit" is exhausted, then the Company's obligations under this Endorsement will be
deemed completely fulfilled and extinguished.
E. All claims made under any one Coverage Agreement which arise out of the same, related, or continuing
acts, facts or circumstances,will be considered a single claim without regard to the number of insureds,
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claims, or persons or entities making a claim, and only one "each claim" limit will apply. Such claim
will be deemed to have been first made on the date the earlier of the related claims was first made and
will be deemed to have been first reported to the Company on the date the earlier of the related claims
was first reported to the Company in writing. Appeals and any post-trial proceedings or consolidated
proceedings approved by us will be considered to be part of the original claim.
F. In the event that a claim is made and applies to more than one Coverage Agreement under this
Endorsement, only one "each claim" limit will apply. The Company has the sole discretion to allocate
amounts paid,if any, against the appropriate limit of liability.
G. In the event two or more claims arising out of the same facts, circumstances, situations, events or
transactions are covered under more than one Coverage Agreement of this Endorsement, only one "each
claim" limit will apply to such claims. We have the discretion to allocate claims paid, if any, against
the appropriate limit of insurance. All such claims, whenever first made, shall be considered as reported
to the Company during the endorsement period in which the first of such claims is reported to the
Company, and shall be subject to the limits of insurance applicable to that policy.
SECTION V-DEFINITIONS
When used in this Endorsement:
A. Act of cyber terrorism means the premeditated use of disruptive activities, or the threat thereof, against
computers, computer systems, networks and/or public internet by any person or group(s) of persons,
whether acting alone or on behalf of, or in connection with, any organization(s) or government(s) with
the intention to intimidate or cause destruction or harm and/or further social, ideological, religious,
political or similar objectives. Act of cyber terrorism includes, but is not limited to, the use of
information technology to organize and execute large-scale attacks against computer systems, networks
and/or public internet,resulting in disabling and/or deleting critical infrastructure,data or information.
B. Adverse media report means any unpredictable report or communication of an actual or
potential security breach or privacy breach, which:
(1) Has been publicized through any media channel including, but not limited to, television,
print media,radio or electronic networks, the internet, and/or electronic mail; and
(2) Threatens material damage to your reputation or your brands.
C. Assumed under contract means liability for damages resulting from a multimedia peril, security
breach or privacy breach where such liability has been assumed by you in the form of a written hold
harmless or indemnity agreement, provided that such agreement was executed prior to the date the
multimedia peril, security breach, or privacy breach occurred.
D. BPO service provider means any third parry independent contractor that provides business process
outsourcing services for your benefit under a written contract with you, including, but not limited to,
call center services, fulfillment services, and logistical support.
E. Bodily injury means physical injury, sickness, disease, pain or death, and if arising out of the
foregoing, mental anguish, mental injury, shock,humiliation or emotional distress sustained by a person
at any time.
F. Claim means:
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(1) With respect to Coverage Agreement A (Multimedia Liability) and Coverage Agreement B
(Security and Privacy Liability):
(a) Any written demand for monetary or non-monetary relief made against an insured;
(b) Any civil proceeding or arbitration proceeding initiated against an insured, commenced
by the service of a complaint or similar pleading or notification; or
(c) Any written request to toll or waive a statute of limitations relating to a potential claim
against an insured,including any appeal therefrom;
A claim under Coverage Agreement A or Coverage Agreement B will be deemed to be first
made when an insured first receives notice of any of(1)(a) through (1)(c) above.
(2) With respect to Coverage Agreement C (Privacy Regulatory Defense and Penalties), a
government investigation commenced against an insured by letter notification, complaint, or
order of investigation. A claim under Coverage Agreement C will be deemed to be first made
when it is first received by an insured.
(3) With respect to Coverage Agreement D (Privacy Breach Response Costs, Notification
Expenses, and Customer Support and Credit Monitoring Expenses), your written report to the
Company of an adverse media report, security breach, or privacy breach. A claim under
Coverage Agreement D will be deemed to be first made when such written report is received by
the Company.
(4) With respect to Coverage Agreement E (Network Asset Protection), your written report to the
Company of a covered cause of loss. A claim under Coverage Agreement E will be deemed to
be first made when such written report is received by the Company.
(5) With respect to Coverage Agreement F (Cyber Extortion), your written report to the Company
of a cyber extortion threat. A claim under Coverage Agreement F will be deemed to be first
made when such written report is received by the Company.
(6) With respect to Coverage Agreement G (Cyber Terrorism), your written report to the Company
of an act of cyber terrorism. A claim under Coverage Agreement G will be deemed to be first
made when such written report is received by the Company.
G. Computer hardware means the physical components of any computer system including CPUs,
memory, storage devices, storage media, and input/output devices and other peripheral devices and
components, including, but not limited to, cable, connectors, fiber optics, wire, power supply units,
keyboards, display monitors, and audio speakers.
H. Computer program means an organized set of instructions that, when executed, causes a computer to
behave in a predetermined manner. Computer program(s) include, but are not limited to,
communications, networking, operating system, and related computer programs used to create,
maintain,process,retrieve, store, and/or transmit electronic data.
I. Computer system means interconnected electronic, wireless, web, or similar systems (including all
computer hardware and software) used to process and store data or information in an analogue,
digital, electronic, or wireless format including, but not limited to, computer programs, electronic
data, operating systems, firmware, servers, media libraries, associated input and output devices,
mobile devices, networking equipment, websites, extranets, off line storage facilities (to the extent
that they hold electronic data), and electronic backup equipment.
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J. Computer virus means a program that possesses the ability to create replicas of itself(commonly
known as "auto-reproduction"program) within other programs or operating system areas or which is
capable of spreading copies of itself wholly or partly to other computer systems.
K. Covered cause of loss means, and is limited to, the following:
(1) Accidental Damage or Destruction
(a) Accidental physical damage or destruction of electronic media so that stored digital
assets are no longer machine-readable;
(b) Accidental damage or destruction of computer hardware so that stored data is no
longer machine-readable;
(c) Failure in power supply or under/over voltage only if such power supply is under your
direct operational control. "Direct operational control"includes back-up generators;
(d) Programming error of delivered programs; or
(e) Electrostatic build-up and static electricity.
(2) Administrative or Operational Mistakes
An accidental, unintentional, or negligent act, error or omission by your employee, a BPO
service provider,or outsourced IT service provider in:
(a) The entry or modification of your electronic data, which causes damage to such data;
or
(b) The creation,handling, development, modification, or maintenance of digital assets; or
(c) The ongoing operation or maintenance of an insured computer system excluding the
design, architecture, or configuration of an insured computer system.
(3) Computer Crime and Computer Attacks
An act, mistake or negligent error or omission in the operation of an insured computer system
or in the handling of digital assets by your employee, a BPO service provider, or outsourced
IT service provider, which fails to prevent or hinder any of the following attacks on an
insured computer system:
(a) A denial of service attack;
(b) Malicious code;
(c) Unauthorized access; or
(d) Unauthorized use.
L. Criminal proceeding means any governmental action for enforcement of criminal laws, including those
offenses for which conviction could result in imprisonment and/or criminal fine.
M. Customer support and credit monitoring expenses means those reasonable and necessary
expenses which you incur, with the Company's prior written consent, in the event of a privacy
breach, for the provision of customer support activity, including the provision of credit file
monitoring services and identity theft education and assistance for up to a period of twelve (12)
months from the date of enrollment in such credit file monitoring services, in the event of a
privacy breach.
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N. Cyber extortion expenses means all reasonable and necessary costs and expenses which you incur,
with the Company's prior written consent, as a direct result of a cyber extortion threat, other than
cyber extortion monies.
O. Cyber extortion monies means any funds or property which you pay, with the Company's prior
written consent, to a person(s) or entity(ies) reasonably believed to be responsible for a cyber
extortion threat insured under Coverage Agreement F, for the purpose of terminating such cyber
extortion threat.
P. Cyber extortion threat means a credible threat or series of related credible threats, including,
but not limited to, a demand for cyber extortion monies, directed at you to:
(1) Release, divulge, disseminate, destroy or use the confidential information of a third parry
taken from you as a result of unauthorized access to, or unauthorized use of, an insured
computer system;
(2) Introduce malicious code into an insured computer system;
(3) Corrupt, damage or destroy an insured computer system;
(4) Restrict or hinder access to an insured computer system, including, but not limited to the
threat of a denial of service attack; or
(5) Electronically communicate with your customers and falsely claim to be you or to be acting
under your direction in order to falsely obtain personal confidential information of your
customers (also known as "pharming," "phishing,"or other types of false communications).
Q. Damages means the amount of money which an insured is legally obligated to pay as a result of a
covered claim under Coverage Agreement A or Coverage Agreement B, including judgments and any
prejudgment or post-judgment interest awarded against the insured on that part of any judgment paid or
to be paid by the Company, legal fees and costs awarded against an insured pursuant to such
Judgments, and settlements negotiated with the Company's consent.
Damages do not include:
(1) Taxes;
(2) Any amount for which an insured is absolved from legal responsibility to make payment to a
third party;
(3) Amounts owed under contract;
(4) Your future profits or royalties or any return, withdrawal, restitution or reduction of your
professional fees,profits or other charges;
(5) Punitive, liquidated or exemplary damages or the multiplied portion of multiplied damages;
(6) Fines, sanctions or penalties;
(7) Any matters that are deemed uninsurable under applicable law;
(8) The costs to comply with orders granting injunctive or non-monetary relief, including specific
performance or any agreement to provide such relief,
(9) Disgorgement of any remuneration or financial advantage to which you were not legally
entitled; or
(10) Settlements negotiated without the Company's consent.
R. Data means any and all information stored, recorded, appearing or present in or on an insured
computer system, including,but not limited to,information stored, recorded, appearing or present in or
on your electronic and computer databases, the internet, intranet, extranet and related websites,
facsimiles, and electronic mail.
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S. Defense costs means reasonable and necessary legal fees, costs and expenses incurred with the
Company's consent in the investigation, defense and appeal of any covered claim under Coverage
Agreement A, Coverage Agreement B or Coverage Agreement C. Defense costs do not include any
wages, salaries, fees, overhead or other charges incurred by, or paid to, any insured for any time spent
in cooperating in the defense and investigation of any claim or potential claim under this Endorsement.
T. Delivered programs means programs, applications, and software where the development stage
has been finalized, having passed all test-runs, and been proven successful in a live environment.
U. Denial of service attack means an event caused by unauthorized or unexpected interference or a
malicious attack intended by the perpetrator to overwhelm the capacity of a computer system
by sending an excessive volume of electronic data to such computer system in order to prevent
authorized access to such computer system.
V. Digital assets means data and computer programs that exist in an insured computer system.
Digital assets do not include computer hardware.
W. Digital assets loss means reasonable and necessary expenses and costs which you incur to replace,
recreate, or restore digital assets to the same state and with the same contents immediately before it was
damaged, destroyed, altered, misused, or stolen, including expenses for materials and machine time.
Digital assets loss also includes amounts representing employee work time to replace, recreate, or
restore digital assets, which shall be determined on a predefined billable hours or per hour basis as
based upon your schedule of employee billable hours.
X. Electronic media means floppy disks, CD ROM's, hard drives, magnetic tapes, magnetic discs, or any
other media on which electronic data is recorded or stored.
Y. Endorsement period means the period of coverage commencing on the effective date specified on this
Endorsement and ending on the earlier of the termination, expiration or cancellation date of the Policy
to which this Endorsement attaches. Endorsement period does not include any extended reporting
period.
Z. Firmware means the fixed programs that internally control basic low-level operations in a device.
AA. Government investigation means a formal investigation instituted against an insured by any federal,
state or local government agency or authority, the subject matter of which is a security breach or
privacy breach.
BB. Income loss means financial loss you sustain, as determined in accordance with the provisions of
Coverage Agreement E(2) or Coverage Agreement G.
CC. Insured means the named insured and any person qualifying as an "Insured" under Section III of the
Policy, but only while such persons are acting within the scope of their duties on behalf of the named
insured.
DD. Insured computer system means:
(1) A computer system operated by and either owned by, or leased to, you;
(2) With respect to Coverage Agreement B only, a computer system operated by a BPO
service provider or outsourced IT service provider and used for the sole purpose of
providing hosted computer application services to you or for processing, maintaining,
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hosting, or storing your electronic data, pursuant to a written contract with you for such
services.
EE. Internet means the worldwide public network of computers which enables the transmission of
electronic data between different users, including a private communications network existing
within a shared or public network platform.
FF. Interruption expenses means those expenses, excluding special expenses, which you incur in
accordance with the provisions of Coverage Agreement E(2) or Coverage Agreement G,to:
(1) Avoid or minimize the suspension of your business as a result of a total or partial interruption,
degradation in service, or failure of an insured computer system caused directly by a covered
cause of loss or an act of cyber terrorism,which you would not have incurred had no covered
cause of loss or act of cyber terrorism occurred, including, but not limited to, the use of
rented/leased external equipment, substitution of other work or production procedures, use of
third parry services, or additional staff expenditures or labor costs; and
(2) Minimize or avoid a covered cause of loss or act of cyber terrorism and continue your
business.
The amount of interruption expenses recoverable under FF(I) above shall in no case exceed the
amount by which the covered income loss is reduced by such incurred expenses.
GG. Malicious code means software intentionally designed to insert itself and damage a computer
system without the owner's informed consent by a variety of forms including, but not limited to,
virus, worm, Trojan horses, spyware,dishonest adware, and crimeware.
HH. Multimedia peril means the release or display of any electronic media on your internet site or print
media for which you are solely responsible,which directly results in any of the following:
(1) Any form of defamation or other tort related to the disparagement or harm to the reputation or
character of any person or organization, including libel, slander,product disparagement, or trade
libel,
(2) Invasion, infringement or interference with an individual's right of privacy including false light,
intrusion upon seclusion, commercial misappropriation of name,person, or likeness, and public
disclosure of private facts;
(3) Plagiarism,piracy, or misappropriation of ideas under an implied contract;
(4) Infringement of copyright, trademark, trade name, trade dress, title, slogan, service mark or
service name; or
(5) Domain name infringement or improper deep-linking or framing.
11. Named insured means the person, firm or professional legal business entity named as such on the
Declarations.
JJ. Notification expenses means those reasonable and necessary expenses which you incur, with the
Company's prior written consent, to comply with governmental privacy legislation mandating
notification to affected individuals in the event of a security breach or privacy breach. Notification
expenses include,but are not limited to:
(1) Legal expenses;
(2) Computer forensic and investigation fees;
(3) Public relations expenses;
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(4) Postage expenses; and
(5) Related advertising expenses.
KK. Operational programs means programs and software which are ready for operational use, having
been fully developed, tested, and accepted by you.
LL. Outsourced IT service provider means a third party independent contractor that provides information
technology services for your benefit under a written contract with you. Outsourced IT service
provider services include, but are not limited to, hosting, security management, co-location, and data
storage.
MM. Period of restoration means the period of time that commences on the date when the interruption,
degradation, or failure of an insured computer system began and ends on the earlier of:
(1) The date when the insured computer system is restored or could have been repaired or
restored to the same condition, functionality, and level of service that existed prior to the
covered cause of loss or the act of cyber terrorism with reasonable diligence, plus up to thirty
(30) additional consecutive days after the restoration of the insured computer system to allow
for restoration of your business; or
(2) One hundred and twenty (120) consecutive days after the notice of covered cause of loss or act
of cyber terrorism is received by the Company.
NN. Print media means newspapers, newsletters, magazines, books, and literary works in any form,
brochures or other types of publications, and advertising materials, including packaging,photographs,
and digital images.
00. Privacy breach means any of the below, whether actual or alleged, but only if committed or
allegedly committed by you or by others acting on your behalf for whom you are legally responsible,
including BPO service providers and outsourced IT service providers:
(1) A common law breach of confidentiality, infringement, or violation of any right to
privacy, including, but not limited to, a breach of your privacy policy, false light, intrusion
upon a person's seclusion, commercial misappropriation of name, person, or likeness, or public
disclosure of a person's private information; or
(2) Any breach of privacy regulations, as they currently exist and as amended, associated with
the confidentiality, access, control, and use of personally identifiable, non-public
information, including, but not limited to:
(a) Health Insurance Portability and Accountability Act of 1996 (Public Law 104- 191),
known as HIPAA, and related state medical privacy laws;
(b) Gramm-Leach-Bliley Act of 1999 (G-L-B), also known as the Financial Services
Modernization Act of 1999;
(c) State and federal statutes and regulations regarding the security and privacy of
consumer information;
(d) Governmental privacy protection regulations or laws associated with the control
and use of personal information;
(e) Privacy provisions of consumer protection laws, including the Federal Fair Credit
Reporting Act(FCRA) and similar state laws;
(f) Title XIII, the Health Information Technology for Economic and Clinical Health Act
("HITECH"), of the American Recovery and Reinvestment Act of 2009 ("ARRA").
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A series of continuing privacy breaches or related or repeated privacy breaches will be considered a
single privacy breach and will be deemed to have occurred when the first of such privacy breaches
occurred.
PP. Privacy breach response costs means those reasonable and necessary fees and expenses which you
incur, with the Company's prior written consent, for the employment of a public relations
consultant, if such action is necessary in order to avert or mitigate any material damage to your
reputation or brands,which results or reasonably will result from an adverse media report.
QQ. Programming error means an error which occurs during the development or encoding of a
computer program, software, or application, which would, when in operation, result in a malfunction
or incorrect operation of a computer system.
RR. Property damage means injury to tangible property, including all resulting loss of use of that property,
and loss of use of tangible property that is not physically injured. Data is not considered tangible
property.
SS. Regulatory compensatory award means a sum of money which an insured is legally obligated to
pay as an award or fund for affected individuals, including a regulatory agency's monetary award to a
third party, due to an adverse judgment or settlement arising out of a government investigation.
Regulatory compensatory award does not include a criminal penalty or fine issued by a regulatory
agency of any kind, including federal, state, or local governmental agencies.
TT. Regulatory fines and penalties means any civil fines and penalties imposed against an insured as a
result of a government investigation.
UU. Reputation means the estimation of trust that patients, customers or clients have in doing business with
you or in purchasing your products or services.
VV. Retroactive date means the date specified as such on the Retroactive Date Schedule
Endorsement, on or after which acts or events (as detailed under the relevant Coverage
Agreement) must have taken place in order to be considered for coverage.
WW. Security and privacy wrongful act means any of the following acts, whether actual or alleged,
but only if committed or allegedly committed by an insured:
(1) Failure to prevent or hinder a security breach that in turn results in:
(a) The alteration, copying, corruption, destruction, deletion, or damage to electronic data
stored on an insured computer system;
(b) Theft, loss or unauthorized disclosure of electronic and non-electronic confidential
commercial, corporate, personally identifiable, or private information that is in your
care, custody or control;
(c) Theft, loss, or unauthorized disclosure of electronic and non-electronic confidential
commercial, corporate,personally identifiable, or private information that is in the care,
custody or control of a BPO service provider or outsourced IT service provider that
is holding, processing, or transferring such information on your behalf, provided,
however, that the theft, loss or unauthorized disclosure occurs while your written
contract with such BPO service provider or outsourced IT service provider is in
effect; or
(d) Unauthorized use of, or unauthorized access to, a computer system other than an
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insured computer system.
(2) Failure to timely disclose a security breach affecting personally identifiable, nonpublic
information or the failure to dispose of personally identifiable,nonpublic information within the
required time period,in violation of privacy regulations in effect now or in the future;
(3) Failure to prevent the transmission of malicious code or computer virus from an insured
computer system to the computer system of a third party;
(4) A privacy breach;
(5) Failure to prevent or hinder participation by an insured computer system in a denial of service
attack directed against internet sites or the computer system of any third party; or
(6) Loss of employee information.
XX. Security breach means:
(1) Unauthorized access to, or unauthorized use of, an insured computer system, including
unauthorized access or unauthorized use resulting from the theft of a password from an
insured computer system or from any insured;
(2) A denial of service attack against an insured computer system; or
(3) Infection of an insured computer system by malicious code or the transmission of malicious
code from an insured computer system,
whether any of the foregoing is a specifically targeted attack or a generally distributed attack. A series
of continuing security breaches, related or repeated security breaches, or multiple security breaches
resulting from a continuing failure of computer security will be considered a single security breach and
will be deemed to have occurred when the first of such security breaches occurred.
YY. Special expenses means reasonable and necessary costs and expenses which you incur to:
(1) Prevent, preserve, minimize, or mitigate any further damage to digital assets, including the
reasonable and necessary fees and expenses of specialists, outside consultants, or forensic
experts you retain;
(2) Preserve critical evidence of any criminal or malicious wrongdoing;
(3) Purchase replacement licenses for computer programs because the copy protection system
and/or access control software was damaged or destroyed by a covered cause of loss or an act
of cyber terrorism; or
(4) Notify customers of a total or partial interruption, degradation in service, or failure of an
insured computer system resulting from a covered cause of loss or an act of cyber terrorism.
ZZ. Unauthorized access means the gaining of access to a computer system by an unauthorized person or
persons.
AAA. Unauthorized use means the use of a computer system by unauthorized persons or authorized persons
in an unauthorized manner.
BBB. Waiting period means the 8 hour period which must elapse before income loss, interruption
expenses and/or special expenses may be payable. The waiting period applies to each period of
restoration.
CCC. You and your means the named insured.
FLPL e-JDTM (R.01/01/2016) Florida Lawyers Mutual Insurance Company Page 19 of 22
SECTION VI—NOTICE PROVISIONS
A. NOTICE OF A CLAIM
(1) As a condition precedent to coverage under Coverage Agreement A, B or C, the insured must
give the Company written notice of any claim made against the insured no later than sixty (60)
days after the claim is first made against the insured.
(2) As a condition precedent to coverage under Coverage Agreement D, E, F or G, you must give
the Company written notice of your claim during the endorsement period,but no later than 60
days from the date any insured first discovers the event or incident giving rise to such claim.
(3) You must provide the Company with copies of all documentation comprising the claim as well
as any authorization, cooperation, or assistance as the Company may require.
(4) The Company will not be obligated to pay any amounts incurred prior to notification of a claim
to the Company or amounts incurred without the Company's prior written consent.
B. NOTICE OF A POTENTIAL CLAIM
If, during the endorsement period, any insured first becomes aware of any facts or circumstances
which could give rise to a claim covered under this Endorsement, and if the insured provides the
Company with written notice during the endorsement period of-
(1) The details regarding such facts or circumstances;
(2) The nature of the loss incurred;
(3) The identity of the potential claimant(s)involved;
(4) The manner in which the insured first became aware of the facts or circumstances; and
(5) The consequences which have resulted or may result,
then any claim subsequently made arising out of such reported facts or circumstances will be deemed to
be a claim first made on the date notice complying with the foregoing requirements was first received
by the Company.
SECTION VII-LOSS DETERMINATION
A. LOSS OF DIGITAL ASSETS
For any and all coverage provided under Coverage Agreement E(I), digital assets loss will be
determined as follows:
(1) If the impacted digital asset was purchased from a third party, the Company will pay only the
lesser of the original purchase price of the digital asset or the reasonable and necessary digital
assets loss.
(2) If it is determined that the digital assets cannot be replaced, restored or recreated, then the
Company will only reimburse the actual and necessary digital assets loss incurred up to such
determination.
FLPL e-JDTM (R.01/01/2016) Florida Lawyers Mutual Insurance Company Page 20 of 22
B. NON-PHYSICAL BUSINESS INTERRUPTION AND EXTRA EXPENSE AND CYBER
TERRORISM
For any and all coverage provided under Coverage Agreement E(2) or Coverage Agreement G, income
loss will be determined as the reduction of your income during the period of restoration,which is:
(1) Your net income (net profit or loss before income taxes) that would have been reasonably
projected, but which has been lost directly as a result of a total or partial interruption,
degradation in service or failure of an insured computer system caused directly by a covered
cause of loss or an act of cyber terrorism, whichever applies. The revenue projection will take
into account the prior experience of your business preceding the date of the covered cause of
loss or the act of cyber terrorism and the probable experience had no covered cause of loss or
act of cyber terrorism occurred. Revenues include the amount of money paid or payable to you
for goods,products or services sold, delivered or rendered in the normal course of your business.
Revenue projection will be reduced by the extent to which you use substitute methods, facilities
or personnel to maintain your revenue stream. The Company will take into consideration your
documentation of the trends in your business and variations in, or other circumstances affecting,
your business before or after the covered cause of loss or the act of cyber terrorism, which
would have affected your business had no covered cause of loss or act of cyber terrorism
occurred; and
(2) Any fixed operating expenses (including ordinary payroll) incurred, but only to the extent that
such operating expenses must continue during the period of restoration.
SECTION VIII—EXTENDED REPORTING PERIOD
A. If an Extended Reporting Period Endorsement is issued to an insured in accordance with the Policy,
then the period for reporting claims under this Endorsement will be automatically extended for a period
of up to one (1)year immediately following termination of the Policy,but only for:
(1) A claim under Coverage Agreement A, B or C which:
(a) Arises out of a multimedia peril, security and privacy wrongful act, security breach
or privacy breach that takes place or first commences on or after the retroactive date
and prior to the expiration or termination of the Policy; and
(b) Is first made against an insured during the extended reporting period; and
(c) Is reported to the Company no later than sixty (60) days after the claim is first made
against an insured.
(2) A claim under Coverage Agreement D, E, F or G which:
(a) Arises out of an adverse media report, security breach, privacy breach, covered
cause of loss, cyber extortion threat or act of cyber terrorism that takes place or first
commences on or after the retroactive date and prior to the expiration or termination of
the Policy; and
(b) Is first made during the extended reporting period; and
(c) Is reported to the Company no later than 60 days from the date any insured first
discovers the event or incident giving rise to such claim
B. If an Extended Reporting Period Endorsement is not issued for an insured, then coverage under this
Endorsement for such insured terminates at the end of the endorsement period.
FLPL e-JDTM (R.01/01/2016) Florida Lawyers Mutual Insurance Company Page 21 of 22
C. All terms and conditions of this Endorsement, including the limits of liability, will continue to apply
during the limited reporting period.
D. The existence of the limited reporting period will not increase or reinstate the limits of liability set forth
in Section IV of this Endorsement.
SECTION IX—OTHER INSURANCE
The coverage provided by this Endorsement will be excess insurance over any other valid and collectible
insurance available, including any self insured retention or deductible portion thereof, whether such insurance is
stated to be primary, pro rata, contributory, excess, contingent or otherwise, unless such insurance specifically
applies as excess insurance over the insurance provided under this Endorsement.
SECTION X—ARBITRATION
Notwithstanding any other provision of this Endorsement or the Policy, any irreconcilable dispute between the
Company and an insured may be submitted to arbitration in accordance with the then current rules of the
American Arbitration Association, except that the arbitration panel shall consist of one arbitrator selected by the
insured, one arbitrator selected by the Company, and a third independent arbitrator selected by the first two
arbitrators. Judgment upon the award may be entered in any court having jurisdiction. Both parties must agree to
arbitration. The arbitrator has the power to decide any dispute between the Company and the insured
concerning the application or interpretation of this Endorsement. However, the arbitrator shall have no power to
change or add to the provisions of this Endorsement. The insured and the Company will share equally in the
cost of arbitration.
All other terms and conditions of the Policy remain unchanged.
FLPL e-JDTM (R.01/01/2016) Florida Lawyers Mutual Insurance Company Page 22 of 22
F Florida
Lawyers
LMMutual
NOTICE OF PRIVACY POLICY
INSURANCE COMPANY
Florida Lawyers Mutual Insurance Company has always been committed to maintaining customer confidentiality.
The Gramm-Leach-Bliley Act is a Federal law which deals in part with how financial institutions, including insurance
companies,treat nonpublic personal financial information.Though this law does not apply in commercial
transactions, we appreciate this opportunity to clarify our privacy policy for you.
As part of our insurance business, we obtain certain "nonpublic personal financial information" about you, which for
ease of reading we will refer to as "customer information" in this notice. This information includes information we
receive from you on applications or other forms and in the claims process. We may obtain information about
individual lawyers from the lawyer, a firm administrator, or a partner in a firm.
Florida Lawyers takes your personal privacy very seriously. Because we value our relationship with you:
We do not sell customer information or share it with other organizations not affiliated with Florida Lawyers for their
own marketing purposes.
We restrict access to customer information to authorized individuals who need to know this information to provide
service and products to you on our behalf.
We maintain physical, electronic, and procedural safeguards that protect customer information.
We do not disclose customer information about you except as allowed by law.
We afford prospective and former insured lawyers the same protections as existing insureds with respect to use of
customer information.
The law permits us to share customer information with our affiliates. We have formed an insurance agency subsidiary
that has access to customer information about you. We also may share information about you, such as claims
information,with a reinsurance company with which we have a contractual relationship.
Federal law does not apply to our efforts to market products or services to you. You may receive information about
Florida Lawyers insurance and other insurance products that we believe may suit your needs.
In response to terrorist activities and other international relations, we are or may become subject to Executive
Orders issued by the President of The United States and the USA Patriot Act. Our compliance with Executive Orders
or the USA Patriot Act may require that we disclose certain information about our insured lawyers to Federal
agencies, including Department of The Treasury Office of Foreign Assets Control. We believe that cooperating with
government anti-terrorism measures and other foreign policy initiatives is required by law and good citizenship.
You do not need to call,or do anything as a result of this notice. It is meant to inform you of how we safeguard
your nonpublic personal financial information. You may wish to file this notice with your insurance papers.
Thank you for your support of Florida Lawyers Mutual Insurance Company. We value our relationship with you and
will strive to earn your continued trust.
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MANAGEMENT
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We invite you, as an insured of Florida If you have a risk management question
Lawyers Mutual Insurance Company, to take and you are a Florida Lawyers Mutual
advantage of our Risk Management Hotline. policyholder please call, 855.203.9659,
Monday—Friday, 8:30am-5:00pm. There
The hotline was created as a resource to is no additional charge for this service.
respond to your risk management questions,
and to assist in managing the risk of a Use of the hotline does not replace any
possible legal malpractice claim. It will be reporting requirements of incidents or claims
answered by attorneys at the firm of Cole, as required by policy terms.
Scott& Kissane, P.A., a Florida professional
liability insurance defense firm.
Florida Lawyers Mutual
f1mic.comI800.633.6,458