1E9Ct5D

Policy A Policy B Commentary“The Company shall payLoss on behalf of anInsured on account of anyClaim first made againstsuch Insured during thePolicy Period or, ifexercised, during theExtended Reporting Period,for Injury.”Policy A“The Insurer will payDamages and ClaimsExpenses by reason of aClaim first made againstthe Insured during thePolicy Period and reportedto the Insurer . . . forWrongful Acts taking placeafter the Retroactive Dateand prior to the end of thePolicy Period.”CommentaryPolicy A requires only that theclaim be made and reportedduring the applicable period,whereas Policy B alsorequires the Wrongful Act toalso take place during thisperiod. Additionally, WrongfulAct is defined, generally, asan act by an insured.“The Insurer will pay Data BreachExpenses incurred by the Insured duringthe Policy Period by reason of a Claimreported to the Insurer . . . for anyWrongful Acts taking place after theRetroactive Date and prior to the end ofthe Policy Period.”Claim is defined as: “a written report byIntended to cover notification costs (as wellas other costs) associated with a breach, thelimitation in the definition of claim that therebe a failure on the part of the insured or anindependent contractor for which the insuredis legally responsible significantly limitcoverage. For instance, what if the failure isby a cloud storage provider?