3. incident of workplace violence, or 4. filing of an involuntary bankruptcy petition against the NAMED INSURED. X. CRISIS MANAGEMENT SERVICES. CRISIS MANAGEMENT SERVICES means services performed by an established public relations firm designed to minimize potential harm to the NAMED INSURED from a covered CRISIS EVENT by managing adverse media coverage and maintaining and restoring public confidence in the NAMED INSURED. V. EXCLUSIONS This POLICY shall not apply to any CLAIM based upon, arising out of, attributable to, or directly or indirectly resulting from: A. BODILY INJURY, PROPERTY DAMAGE. 1. Bodily injury, sickness, disease, or death of any person; or 2. injury to or destruction of any property, including the loss of use of the property. This exclusion shall not apply to CLAIMS arising directly out of any actual or alleged failure of the insured to place, effect, maintain, or renew any insurance products for any customer. B. BREACHES OF PERSONAL DATA. 1. any BREACH of PERSONAL DATA resulting from any act committed by an individual or individuals acting in an effort to coerce the civilian populations of the United States or to influence the policy or affect the conduct of any federal, state, provincial, or local government; 2. any BREACH of PERSONAL DATA resulting from any failure of the INSURED to implement current and commonly accepted technologies and methodologies designed to secure PERSONAL DATA and appropriate to the size and complexity of the agency; or 3. any BREACH of PERSONAL DATA resulting from any failure of the INSURED to comply with any applicable privacy regulations found in the Health Insurance Portability and Accountability Act of 1996 or any other federal or state law or regulation, governing any industry in which the INSURED is rendering PROFESSIONAL SERVICES or OTHER RELATED SERVICES. C. COBRA ADMINISTRATION. The INSURED'S administration under the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA) including any amendments, regulations, or enabling statutes pursuant thereto, or any other similar federal, state or provincial statute or regulation. D. ERISA. Any duties or activities assumed under contract by an INSURED as Named Fiduciary under the Employee Retirement Income Security Act of 1974 (ERISA) or the Pension Benefits Act, including any amendments, regulations, or enabling statutes pursuant thereto, or any other similar federal, state, or provincial statute or regulation. E. FRAUDULENT ENTITY. Or in connection with any FRAUDULENT ENTITY or any entity that the Insured knew or, if industry standard due diligence had been performed, reasonably should have known is a legally formed entity that is used as a device to commit fraud or other unlawful acts. F. INSOLVENCY. The financial inability to pay, insolvency, receivership, bankruptcy or liquidation of any insurance company, any Individual Practice Association, Health Maintenance Organization, Preferred Provider Organization, Dental Service Plan, Risk Retention Group, Risk Provider Group, self-insured plan or any pool, syndicate, association, or other combination formed for the purpose of providing insurance, or reinsurance, or any healthcare provider or any reinsurer with which the coverage was placed. SP 4 584 1215 Copyright ©2015 Westport Insurance Corporation. All rights reserved. Page 9 of 15 Insured Copy