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The CGL form contains a second insuring provision, Coverage B – Personal andAdvertising Injury. This coverage part insures against liability arising out of a list ofoffenses enumerated in the definition of “personal and advertising injury,” including:3. Oral or written publication, in any manner, of material that violates aperson’s right of privacy.Consider the following example, on April 26, 2011, Sony Corporation (Sony) disclosedthat 77 million records were compromised after its PlayStation network was hacked. Atthe time of the incident, Sony had a CGL policy with Zurich American InsuranceCompany and filed a claim under that policy. Zurich filed a declaratory judgment actionasking the court for a ruling that it was not obligated to cover the losses associated withthat breach. In February 2014, the court obliged. Travelers Companies has filed asimilar action seeking to avoid coverage for the P.F. Chang data breach. BusinessInsurance, Insurers Fight to Bar Cyber Cover under Commercial General LiabilityPolicies.1. The New ExclusionsThe Insurance Services Office, the industry leader in drafting insurance policy language,revised the standard CGL form in 2013. As part of that revision, ISO introduced anoptional endorsement that deletes the rights to privacy-related offenses such as oral orwritten publications that violate a person’s right to privacy. Further, in May 2014, ISOreleased several additional endorsements intended to limit coverage available underCGL policies for any cyber risks:

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