CG 04 37 Loss Of Electronic Data Resulting From Physical Injury To Tangible Property Liability Coverage - Subject To Cyber Incident Exclusion

An Insurance Services Office (ISO) standard form. It replaces the CGL electronic data exclusion so property damage includes loss of electronic data that results from physical injury to tangible property, subject to a separate Loss Of Electronic Data limit within the each occurrence limit.

1. 12 23 edition

   Dec 2023, compared with 05 14

   • The exclusion no longer addresses access to or disclosure of confidential or personal information, and the bodily injury exception now applies without conditions.

     05 14

     “Any access to or disclosure of any person's or organization's confidential or personal information”

     12 23

     Removed

   • The personal and advertising injury exclusion for access to or disclosure of confidential or personal information is removed.

     05 14

     “"Personal and advertising injury" arising out of any access to or disclosure”

     12 23

     Removed

   • A new exclusion removes coverage for bodily injury or property damage arising out of a cyber incident.

     05 14

     Not in this edition

     12 23

     “"Bodily injury" or "property damage" arising out of a "cyber incident".”

4 other edition dates appear in one or two filings each, often carrier-specific versions: 09 24, 04 13, 12 07, 12 04.

Where filings record what this form replaced, they name earlier editions 12 04, 12 23. Only some filings record replacements.

• Edition in use: in the past 12 months, 16 companies filed the 05 14 edition and 12 companies filed 12 23.
• The newer 12 25 edition first appears Jul 12, 2024 and has been filed by 17 companies in 40 states so far.
• CG 21 06 (Exclusion - Access or Disclosure of Confidential or Personal Information and Data-Related Liability - with Limited Bodily Injury Exception) is filed alongside it most often, in 239 of the same filings (94%).

Data from admitted P&C filings with state insurance departments, submitted Oct 2021 to Oct 2026, excluding withdrawn and rejected filings. One filing can cover several affiliated companies.

• WR Berkley Corporation GroupUses CG 04 37 in 1 filing
• Fairfax Financial GroupUses CG 04 37 in 1 filing

• CG 21 06Exclusion - Access or Disclosure of Confidential or Personal Information and Data-Related Liability - with Limited Bodily Injury Exception239 filings
• CG 21 08Exclusion - Access or Disclosure of Confidential or Personal Information (Coverage B Only)217 filings
• CG 21 66Exclusion - Volunteer Workers as Insureds172 filings
• CG 04 71Loss Of Electronic Data Resulting From Physical Injury To Tangible Property Liability Coverage - Subject To Cyber Incident Exclusion - Deletion Of Bodily Injury Exception167 filings
• CG 21 37Exclusion - Employees and Volunteer Workers as Insureds163 filings
• CG 33 53Exclusion - Access Or Disclosure Of Confidential Or Personal Material Or Information162 filings
• CG 22 69Pharmacists161 filings
• CG 24 09Governmental Subdivisions157 filings
• CG 33 63Exclusion - Access Or Disclosure Of Confidential Or Personal Material Or Information157 filings
• CG 22 97Pharmacists – Broadened Professional Services Coverage155 filings