# Professional and Financial Service Exclusion - Limited Exception for Resulting Bodily Injury and Property Damage

## Endorsement Details
- **Named Insured:** International Business Machines Corporation
- **Policy Symbol:** XOO
- **Policy Number:** G27380037
- **Policy Period:** 05/21/2014 to 05/21/2015
- **Endorsement Number:** 25
- **Effective Date of Endorsement:** 05/21/2014
- **Issued By:** ACE Property and Casualty Insurance Company

## Endorsement Summary
**THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.**

This endorsement modifies insurance provided under the following:
- COMMERCIAL UMBRELLA LIABILITY POLICY

The following exclusions are added to the policy:

This insurance does not apply to:
1. Any act, error, omission, malpractice or mistake arising out of or in any way related to "professional services" performed by the "insured" or any person for whom the "insured" is legally responsible, unless such act, error, omission, malpractice or mistake results in "bodily injury" or "property damage."
2. "Bodily Injury," "property damage" or "personal and advertising injury" arising out of the failure to comply with the following:
   a. Section 130, Civil Liberty, of Title 1 (Truth in Lending Act) of the Consumer Protection Act (Public Law 90-321:82 Stat 146 ET Seq);
   b. The Financial Institution Reform, Recovery, and Enforcement Act of 1989 (FIRREA), including any amendments or revisions thereto, or any similar state or federal statute, law, regulation or order issued pursuant to the foregoing.
   c. The provisions of the Securities Act of 1933, the Securities Exchange Act of 1934, including any amendments or revisions thereto, or any similar state or federal statute, law, regulation or order issued pursuant to any of the foregoing.

The following definitions are added to the policy:
- **Fiduciary** means any operation conducted by or on behalf of the "insured" relating to or involving a confidence or trust, including but not limited to acting as an administrator, executor, trustee under will or trust agreement, guardian, custodian, mortgage servicing agent, escrow agent or other similar trust or representative capacity.
- **Professional services' means:**
  a. Providing financial, economic, or investment advice or advisory or management services;
  b. Management of individual and corporate trusts and employee pension funds;
  c. Acting as an insurance agent, insurance broker, or general insurance agent;
  d. Acting as a mortgagee, mortgage servicing agent, or "fiduciary" with regard to deeds of trust or mortgages;
  e. Responsibility as a stock transfer agent and acting as an escrow fund agent or escrow company;
  f. Administering or settling of estates or trusts or managing real or personal property of others;

MS-9628 (05/12)
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