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b. Anyone considered an insured under
SECTION li - WHO IS AN INSURED;
2. Not done intentionally to cause harm to
another person.
3. Not directly or indirectly related to the em-
ployment, prospective employment or termi-
nation of employment of any person or
persons by any insured.
4. Not arising cut of any “advertisement” by
the insured.
B. The following definition is added to SECTION V -
DEFINITIONS:
“Discrimination” means:
a. Any act or conduct that would be considered
discrimination under any applicable federal,
state, or local statute, ordinance or law;
b. Any act or conduct that results in disparate
treaiment of, or has disparate impact on, a
person, because of that person’s race,
religion, gender, sexual orientation, age,
disability or physical impairment; or
c Any act or conduct characterized or inter-
preted as discrimination by a person based
on that person’s race, religion, gender,
sexual orientation, age, disability or physi-
cal impairment.
lt dees not include acts or conduct character-
ized or interpreted as sexual intimidation or
sexual harassment, or intimidation or harass-
ment based on a person's gender.
Electronic Data
The following definition is added to SECTION V-
DEFINITIONS:
“Electronic data" means information, facts or
programs stored as or on, created or used on, or
transmitted to or from computer software, including
systems and applications software, hard or floppy
disks, CD-ROMS, tapes, drives, cell, data pro-
cessing devices or any other media which are used
with electronically controlled equipment. For the
purpose af the Electronic Data Liability coverage
provided by this endorsement, Definition 17. “Prop-
erty damage” is deleted in tts entirety and replaced
by the following:
17. “Property damage” means:
a. Physical injury to tangible property, includ-
ing all resuiting loss of use of that property.
AH such loss of use shall be deemed to
occur at the time of the physical injury that
caused it; or
Copyright, 2018 Selective Insurance Company of America. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
b. Loss of, loss of use of, damage to,
corruption of, inability to access, or inability
to properly manipulate “electronic data", re-
suiting from physical injury io tangible
property. All such loss of “electronic data”
shail be deemed to occur at the time of the
“occurrence” that caused it.
For the purpose of the Electronic Data Liability
coverage provided by this endorsement, “electronic
data” is not tangible property.
Employee Amendment
Definition 5. “Employee” under SECTION V- DEFINI-
TIONS fs deleted in its entirety and replaced by the
following:
5. “Employee” includes a “leased worker", or a
“temporary worker”. If you are a School,
“Employee” also includes a student teacher.
Golfing Facility
The following definition is added to SECTION V -
DEFINITIONS:
“Golfing facility” means a golf course, golf club,
driving range, or miniature golf course.
Mental Anguish Amendment
(This provision does not apply in New York).
Definition 3. “Bodily injury" under SECTION V-
DEFINITIONS is deleted in its entirety and replaced
with the following:
3. “Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death
resulting from any of these at any time. This
includes mental anguish resulting fram any
bodily injury, sickness or disease sustained by a
person. (In New York, mental anguish has been
determined to be “bodily injury”).
Not-for-profit Member
The following definition is added to SECTION V-
DEFINITIONS:
“Not-for-profit member” means a person who is a
member of a not-for-profit organization, including
clubs and churches, who receives no financial ar
other compensation.
CG 73 00 0119
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