Endossement cyber et données property (write-back limité)
Very narrow. LMA 5400 writes back one thing only: physical damage caused by the fire or explosion perils arising out of a non-malicious cyber incident. It writes back neither the resulting business interruption nor anything connected to a malicious cyber act.
Excludes any loss connected to a cyber act (a malicious act) together with the cost of using or replacing data. A long wording with six very wide exclusions, broad causation language (in connection with) and an anti-concurrent causation clause.
Now the reference cyber exclusion on most mainstream property policies: it is the fire and explosion write-back that made it acceptable to the market, where the absolute 5401 left holes in cover.
The write-back is tightly drawn: no business interruption, and the exception falls away as soon as a cyber incident is connected to a cyber act. The in connection with language and the anti-concurrent causation wording widen the exclusion considerably.
Issued 13 November 2019 for the Lloyd's cyber clarity mandate applying to property policies from 1 January 2020. Brokers ended up pushing it through as the standard in place of 5401.
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