December 29, 2003

Ward General Insurance Services, Inc. v. The Employers Fire insurance Company et al.

Court of Appeal of the State of California Fourth Appellate District, Division Three

Despite policy endorsements such as “Valuable Papers and Records Coverage”: “Electronic Equipment and Software Coverage”; “Electronic Data Processing Coverage”; “and “Business Income Coverage”; a commercial insurance policy did not cover expenses to restore data, loss of business income and loss of productivity when no direct physical loss was incurred. Either operator error or a program error caused the loss of data.

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