Exclusions

1. The following exclusions apply to all coverages under this policy.

   We will not pay for loss, damage or expense caused by or resulting from:

   1. Any of the following by a member:
      1. Criminal, fraudulent or dishonest acts, errors or omissions;
      2. Intentional violations of the law; or
      3. Intentionally initiating or contributing to a covered loss event.
   2. Any criminal investigations or proceedings.
   3. Any physical damage or bodily injury, except as described in coverage; Cyberbullying.
   4. Any third party liability or legal defense costs, except as described in coverage; Identity Theft Recovery.
   5. Any damage to a motor vehicle, watercraft, aircraft or other vehicle.
   6. Any fines or penalties.
   7. Damage to any device or system that is not owned or leased by a member, or operated under the member’s control or the control of another member.
   8. Loss arising from any business, including but not limited to any business owned or operated by any member or any business employing any member.
   9. Except as specifically provided under the System Restoration portion of Cyber Attack coverage, costs to research or correct any deficiency.
   10. Any stolen identity event first discovered by a member prior to the inception of the member’s coverage under this policy.
   11. Any stolen identity event first occurring more than 60 days prior to the inception of the member’s coverage under this policy.
   12. Any costs or expenses associated with a stolen identity event if such costs or expenses are incurred more than one year from the expiration date of the policy shown in the Declarations.
   13. The theft of a professional or business identity.
   14. Any nuclear hazard.
   15. Any governmental action, meaning the destruction, confiscation or seizure of property by order of any governmental or public authority.
   16. War, including the following and any consequence of any of the following:
       1. Cyber warfare, whether or not occurring in combination with physical combat;
       2. Undeclared war;
       3. Civil war;
       4. Hostile action by military force or cyber measures, including action in defending against or hindering an expected or actual attack, by any Combatant; or
       5. Insurrection, rebellion, revolution, usurped power, political violence or action taken by governmental authority in defending against or hindering any of these, including cyber action in connection with any of the foregoing.

       For purposes of this exclusion, cyber warfare, cyber measures and cyber action include, but are not limited to, the use of disruptive digital activities against a computer network or system with the intention to cause harm in order to further political or similar objectives, or to intimidate any person(s) in furtherance of such objectives, committed by a Combatant.

       The attribution of an action to a Combatant will be determined by relying on reasonable evidence such as:

       1. Statements by an impacted government, sovereign or other authority;
       2. Statements by widely recognized international bodies (such as the United Nations) or alliances (such as the North Atlantic Treaty Organization); or
       3. Consensus opinion within relevant expert communities such as the cyber security industry.

       Decisions about the presence or absence of war, hostile action, and other terms used in this exclusion will take into consideration the full range of available tactics, weapons and technologies at the time of the event giving rise to the loss.

       Combatant means, for purposes of this exclusion, a government, sovereign or other authority, or agents acting on their behalf.

   17. Total or partial failure or interruption of, reduction in performance of, or damage to any electrical power supply network or telecommunication network not owned and operated by a member including, but not limited to, the internet, internet service providers, Domain Name System (DNS) service providers, cable and wireless providers, internet exchange providers, search engine providers, internet protocol networks (and similar networks that may have different designations) and other providers of telecommunications or internet infrastructure.
   18. Any loss resulting directly or indirectly from any errors or omissions by a member or a financial institution in the input or processing of data.
   19. Any loss related to the financial performance of any investments.
   20. Any loss occurring while the primary member is not an active customer in good standing of the provider and directly enrolled in the insured program.
   21. Any member whose primary residence is located in New York or Washington state.
   22. Any loss claimed by the provider.
   23. Any amount not insurable under applicable law.