CU 21 86 Exclusion – Access Or Disclosure Of Confidential Or Personal Material Or Information

An Insurance Services Office (ISO) standard form. It excludes umbrella coverage for bodily injury, property damage and personal and advertising injury arising from any access to or disclosure of confidential or personal material or information, including related notification, monitoring, data restoration and extortion costs.

1. 12 23 edition

   Dec 2023, compared with 12 20Latest edition

   • The endorsement no longer excludes loss of, damage to or inability to access or use electronic data. It now addresses only access to or disclosure of confidential or personal material or information.

     12 20

     “inability to access, or inability to manipulate electronic data”

     12 23

     Removed

   • The exclusion now reaches confidential material as well as information, and names biometric information among the examples.

     12 20

     Not in this edition

     12 23

     “Health information, biometric information”

   • The costs the exclusion still applies to now include identity monitoring, data restoration and extortion expenses.

     12 20

     Not in this edition

     12 23

     “data restoration expenses, extortion expenses”

2. 12 20 edition

   Dec 2020, compared with 05 14

   • The electronic data part of the exclusion does not apply if valid underlying insurance for electronic data risks exists, and the umbrella then follows the terms of that underlying insurance.

     05 14

     Not in this edition

     12 20

     “Paragraph (2) does not apply if valid "underlying insurance" for the electronic data risks”

1 other edition date appears in one or two filings each, often carrier-specific versions: 11 06.

Where filings record what this form replaced, they name earlier editions 05 14, 12 20 and other forms GMCU 7107. Only some filings record replacements.

• Edition in use: in the past 12 months, 13 companies filed the 12 23 edition and 1 company filed 12 20.
• CU 00 05 (Exclusion – Violation of Law Addressing Data Privacy) is filed alongside it most often, in 171 of the same filings (73%).

Data from admitted P&C filings with state insurance departments, submitted Oct 2021 to Sep 2026, excluding withdrawn and rejected filings.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

• Berkshire Hathaway GroupUses CU 21 86 in 1 filing
• WR Berkley Corporation GroupUses CU 21 86 in 3 filings

• CU 00 05Exclusion – Violation of Law Addressing Data Privacy171 filings
• CU 21 88Exclusion - Access Or Disclosure Of Confidential Or Personal Material Or Information (Coverage B Only)143 filings
• CU 34 56Exclusion – Cyber Incident141 filings
• CU 34 55Exclusion - Electronic Data - Deletion Of Bodily Injury Exception128 filings
• CU 21 87Exclusion - Access Or Disclosure Of Confidential Or Personal Information and Data-Related Liability - Limited Bodily Injury Exception Not Included116 filings
• CU 04 02Loss Of Electronic Data Resulting From Physical Injury To Tangible Property Liability Coverage - Subject To Cyber Incident Exclusion115 filings
• CU 22 37Motor Carrier Endorsement114 filings
• CU 04 54Loss of Electronic Data Resulting From Physical Injury To Tangible Property Liability Coverage - Subject To Cyber Incident Exclusion - Deletion Of Bodily Injury Exception112 filings
• CU 04 98Cyber Incident Liability Coverage Subject To Each Cyber Incident Occurrence And Aggregate Limits93 filings
• CU 04 99Cyber Incident Liability Coverage And Loss Of Electronic Data Liability Coverage Subject To Loss Of Electronic Data, Each Cyber Incident Occurrence And Aggregate Limits93 filings