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University of Michigan Risk Management

Insurance Issues

Medical Professional Liability

The policy does not apply to LOSS EVENTS arising directly or indirectly out of any actual or alleged failure, malfunction or inadequacy of:

A:
1.Any of the following, whether belonging to any insured or others:
(a) Computer hardware, including microprocessors;
(b) Computer application software;
(c) Computer operating systems and related software;
(d) Computer networks
(e) Microprocessors (computer chips) not part of any computer system;
(f) Any other computerized or electronic equipment or components

2. Any other products, services, data or functions that directly or indirectly use or rely upon, in any manner any of the items listed in paragraph a. (1) above.

Due to the inability to correctly recognize, process, distinguish, interpret, or accept the year 2000 and beyond.

B.
Any advice, consultation, design, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or actual problems described in Paragraph a.

C.
The Exclusion DOES NOT apply to any LOSS EVENT alleging bodily injury as a result of any of the items listed above.

Scenario:
Y2k problem prevents a piece of medical equipment from being used in performing surgery. The surgery is not performed and the hospital incurs expense to correct the Y2K problem as well as losing income from not being able to perform the surgery.
Neither the expense to correct the problem nor the loss of income is covered.

Scenario:
While surgery is being performed a piece of medical equipment fails to properly work due to a Y2K problem in the software controlling the equipment. The patient alleges bodily injury as the result of the failure of the machine to work properly. The loss is a covered event.

 

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