What it does
BP 15 05 replaces the access or disclosure exclusion in Section II – Liability. It excludes (1) damages, other than damages because of personal and advertising injury, arising out of any access to or disclosure of confidential or personal information – patents, trade secrets, customer lists, financial, credit card or health information and other nonpublic information – and (2) damages arising out of loss of, loss of use of, damage to, corruption of, or inability to access or manipulate electronic data. It also adds a matching exclusion to personal and advertising injury.
Key provisions
- The exclusion applies even when the damages claimed are notification costs, credit monitoring, forensic or public relations expenses.
- As its title says, the limited bodily injury exception found in other versions is not included, so bodily injury arising from these events is also excluded.
Status
Withdrawn. ISO's 2023 BOP data-privacy forms filing (BP-2023-OPCD) lists BP 15 05 05 14 as a withdrawn form; the 12 23 forms BP 15 04 and BP 15 06 take its place. Policies issued before a state adopted the change (some as late as 2024) may still carry the 05 14 form.
Quoting and selling notes
- Data breach and data loss liability need cyber coverage (BP 15 07 or a stand-alone cyber policy).
