CALDERWOOD & HARKNESS LLP Attorneys at Law
101 California Street, Suite 3200 San Francisco, California 94111
Telephone: (415) 391-7200 Facsimile: (415) 391-7201 www.calderwoodharkness.com
May 18, 2023
VIA EMAIL AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Patricia Engel Senior Claims Examiner Meridian Specialty Insurance Company One Constitution Plaza, 18th Floor Hartford, CT 06103
Re: Notice of Claim / Tender of Defense and Indemnity
Insured: Lumos Analytics Inc. Policy No.: MSI-TECH-2022-07841 Policy Period: July 1, 2022 – July 1, 2023 Claim: Pinnacle Financial Holdings LLC Breach-of-Contract / SLA Credit Dispute Calderwood & Harkness Matter No.: 1008-00007
Dear Ms. Engel:
I. Introduction and Purpose of Letter
Calderwood & Harkness LLP represents Lumos Analytics Inc. ("Lumos" or the "Insured"), a Delaware corporation headquartered at 580 Howard Street, Suite 400, San Francisco, California 94105 (EIN: 82-4937261), in connection with the matter referenced above. We write on behalf of Lumos to provide formal notice of a claim and to tender for defense and indemnity coverage under Technology Errors & Omissions / Cyber Liability Policy No. MSI-TECH-2022-07841 (the "Policy"), issued by Meridian Specialty Insurance Company ("Meridian" or the "Carrier") to Lumos for the policy period of July 1, 2022 through July 1, 2023.
Lumos's insurance broker, Velthorn Risk Advisors LLC (contact: Neil Frazier, Account Executive), has been notified of this tender concurrently and has been copied on this correspondence. This letter constitutes timely notice of the claim under the Policy's notice provisions, and Lumos requests that Meridian treat this submission as a formal tender of the defense and indemnity obligations arising from the underlying dispute described in detail below.
As set forth herein, Lumos has received a formal demand from Pinnacle Financial Holdings LLC ("Pinnacle" or "PFH") asserting claims for breach of contract under a Master Services Agreement, including demands for service level agreement credits, consequential damages, remediation costs, and reputational harm damages totaling Two Million Eight Hundred Seventy Thousand Dollars ($2,870,000). Lumos believes these claims fall squarely within the insuring agreement of the Policy and respectfully requests Meridian's prompt acknowledgment of coverage and cooperation in the defense of this matter.
II. Identification of the Insured
The named insured under the Policy is Lumos Analytics Inc., a corporation organized and existing under the laws of the State of Delaware, with its principal place of business and corporate headquarters located at 580 Howard Street, Suite 400, San Francisco, California 94105.
Lumos operates an enterprise software-as-a-service ("SaaS") platform that provides real-time financial analytics, risk scoring, and regulatory compliance dashboards to institutional clients, including commercial and investment banks, asset managers, broker-dealers, and insurance companies. Lumos's platform is designed to enable its clients to aggregate, normalize, and analyze large volumes of financial data for purposes of risk management, regulatory reporting, and strategic decision-making. For fiscal year 2022, Lumos reported annual recurring revenue of approximately $127.4 million and employs approximately 620 persons across its offices in San Francisco, New York, Austin, and London.
Lumos's Chief Executive Officer is Marcus Ellison, and its General Counsel is Adriana Voss. In 2021, Ridgeline Capital Partners, LP ("Ridgeline"), a private equity firm headquartered in New York, acquired a majority equity stake in Lumos. Ridgeline continues to hold its majority position as of the date of this letter.
III. Policy Information
The following summarizes the material terms of the Policy under which this tender is made:
A copy of the declarations page for the Policy is enclosed herewith as Exhibit D. Lumos understands that the Policy is a claims-made and reported policy, and this letter is intended to serve as both the notice of claim and the formal report of the claim to Meridian within the applicable reporting period.
IV. Description of the Claimant
The claimant in this matter is Pinnacle Financial Holdings LLC ("Pinnacle" or "PFH"), a Delaware limited liability company with its principal offices located at 200 West Adams Street, Suite 3100, Chicago, Illinois 60606 (EIN: 36-7814503). Pinnacle is a mid-market financial services platform that engages in commercial lending and wealth management, with approximately $4.2 billion in assets under management as of its most recent public disclosures.
The following key personnel at Pinnacle are relevant to this matter:
• Gerald R. Worthington, Chief Executive Officer
• Diana Cho, Chief Financial Officer
• Naveen Mistry, Chief Technology Officer
• Sandra Keppler, Vice President of Vendor Management
Pinnacle is represented by outside counsel in this dispute: Hargrove, Tillman & Burch LLP, 71 South Wacker Drive, Suite 4500, Chicago, Illinois 60606. The lead partner on the matter is Katherine "Kate" Hargrove, and the associate is Daniel Yun. All formal communications from Pinnacle regarding the underlying claim have been transmitted through Hargrove, Tillman & Burch.
V. The Underlying Contract
The claims asserted by Pinnacle arise under a Master Services Agreement ("MSA") dated January 15, 2021, entered into between Lumos and Pinnacle (Lumos internal reference: MSA-PFH-2021-0015). A complete copy of the MSA, including all exhibits and schedules, is enclosed herewith as Exhibit B.
The material terms of the MSA relevant to this tender are as follows:
Term. The MSA provides for a three-year initial term commencing January 15, 2021 and expiring January 14, 2024, subject to renewal provisions set forth in Section 2.2 of the MSA.
Fees. The annual subscription fee under the MSA is One Million Four Hundred Forty Thousand Dollars ($1,440,000) per year, payable in equal monthly installments of One Hundred Twenty Thousand Dollars ($120,000). The total contract value for the initial three-year term is Four Million Three Hundred Twenty Thousand Dollars ($4,320,000).
Service Level Agreement. Exhibit C to the MSA sets forth a Service Level Agreement ("SLA") containing the following key commitments:
• Uptime Commitment: Lumos commits to 99.95% monthly platform availability, measured in accordance with the monitoring methodology described in Exhibit C, Section 2.1.
• P1 Incident Response Times: For Priority 1 incidents (defined as complete service unavailability or material degradation affecting all users), Lumos commits to acknowledgment within fifteen (15) minutes of detection or notification and resolution or implementation of a commercially reasonable workaround within two (2) hours.
• SLA Credit Structure: Exhibit C, Section 3.2 provides a tiered SLA credit structure pursuant to which Pinnacle is entitled to monthly subscription fee credits in the event Lumos fails to meet the stated uptime commitment. Credits range from 10% to 30% of the monthly subscription fee depending on the degree of the shortfall.
SLA Credit Cap. Section 3.4 of Exhibit C provides that total SLA credits in any rolling twelve-month period shall not exceed 30% of the annual subscription fee, which equates to a maximum of Four Hundred Thirty-Two Thousand Dollars ($432,000).
Aggregate Liability Cap. Section 11.2 of the MSA limits the aggregate liability of each party to the other, under all theories of recovery, to an amount equal to twelve (12) months of fees paid or payable under the MSA—i.e., One Million Four Hundred Forty Thousand Dollars ($1,440,000).
Consequential Damages Waiver. Section 11.3 of the MSA contains a mutual waiver of indirect, consequential, incidental, punitive, and lost-profits damages, regardless of the theory of liability and whether or not the party has been advised of the possibility of such damages.
SLA Credit Request Procedure. Section 3.5 of Exhibit C requires that any request for SLA credits be submitted by the customer in writing within thirty (30) calendar days following the end of the affected calendar month. Failure to submit a timely request results in waiver of the credit for that month.
Governing Law. Section 14.1 of the MSA provides that the agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-laws principles.
Dispute Resolution. Section 14.3 of the MSA requires the parties to participate in mandatory mediation in San Francisco, California prior to the initiation of any litigation. Thereafter, the MSA provides for exclusive jurisdiction and venue in the state or federal courts located in the City and County of San Francisco, California.
VI. Nature and Circumstances of the Claim
A. The Alleged Service Disruptions
Pinnacle alleges that it experienced four distinct service disruptions on the Lumos platform between October 2022 and March 2023, each occurring within the Policy Period. Pinnacle contends that each disruption resulted in monthly uptime falling below the 99.95% commitment in the SLA, thereby triggering SLA credits under the tiered credit structure. The incidents, as characterized by Pinnacle, are summarized below:
1. Incident INC-4471 (October 12–13, 2022). Pinnacle claims that the Lumos platform experienced seven (7) hours and forty-two (42) minutes of downtime during this period, resulting in a calculated monthly uptime of 98.93% for October 2022. Under the SLA's tiered credit structure, Pinnacle asserts that this level of underperformance triggered the maximum 30% monthly credit, which Pinnacle calculates as Thirty-Six Thousand Dollars ($36,000).
2. Incident INC-4602 (November 28, 2022). Pinnacle claims that the Lumos platform experienced three (3) hours and eighteen (18) minutes of downtime on this date, resulting in a calculated monthly uptime of 99.54% for November 2022. Pinnacle contends that this shortfall triggered a 10% monthly credit in the amount of Twelve Thousand Dollars ($12,000).
3. Incident INC-4815 (January 9–10, 2023). Pinnacle claims that the Lumos platform experienced eleven (11) hours and five (5) minutes of downtime during this period, resulting in a calculated monthly uptime of 98.47% for January 2023. Pinnacle asserts that this triggered a 30% monthly credit of Thirty-Six Thousand Dollars ($36,000).
4. Incident INC-5033 (March 3–5, 2023). Pinnacle claims that the Lumos platform experienced twenty-six (26) hours and thirty-one (31) minutes of downtime during this period, resulting in a calculated monthly uptime of 96.32% for March 2023. Pinnacle asserts that this triggered a 30% monthly credit of Thirty-Six Thousand Dollars ($36,000).
The total SLA credits claimed by Pinnacle across all four incidents is One Hundred Twenty Thousand Dollars ($120,000).
B. Pinnacle's Additional Damages Claims
Beyond the SLA credits described above, Pinnacle's demand letter asserts additional categories of damages, as follows:
(i) Consequential / Business-Impact Damages: $1,950,000. Pinnacle alleges that the service disruptions caused it to suffer lost revenue from delayed loan originations and missed trading windows. Pinnacle contends that its commercial lending operations and wealth management trading desk were unable to process transactions during the outage periods, resulting in quantifiable revenue losses of One Million Nine Hundred Fifty Thousand Dollars ($1,950,000).
(ii) Internal Remediation Costs: $340,000. Pinnacle asserts that it incurred Three Hundred Forty Thousand Dollars ($340,000) in costs associated with manual workarounds implemented during and following the outages, including overtime costs for its technology and operations personnel and temporary licensing fees paid to a competitor platform, TrueNorth Data Systems Inc., to maintain business continuity.
(iii) Reputational Harm / Client Attrition: $460,000. Pinnacle further claims Four Hundred Sixty Thousand Dollars ($460,000) representing the estimated lifetime value of two wealth-management clients that Pinnacle alleges it lost as a direct result of service disruptions on the Lumos platform that impacted Pinnacle's ability to provide timely reporting and portfolio analytics to those clients.
Total Demand: $2,870,000. The aggregate amount of Pinnacle's demand, inclusive of SLA credits and all additional claimed damages, is Two Million Eight Hundred Seventy Thousand Dollars ($2,870,000), calculated as follows: $120,000 (SLA credits) + $1,950,000 (consequential/business-impact damages) + $340,000 (internal remediation costs) + $460,000 (reputational harm/client attrition).
C. The Demand Letter
On May 1, 2023, Pinnacle, acting through its counsel Hargrove, Tillman & Burch LLP, served a formal demand letter on Lumos asserting breach of contract under the MSA and demanding payment of $2,870,000 in the aggregate, encompassing the SLA credits, consequential damages, remediation costs, and reputational harm damages described above. The demand letter was addressed to Adriana Voss, General Counsel of Lumos, and transmitted via electronic mail and overnight courier. A complete copy of the demand letter is enclosed herewith as Exhibit A.
VII. Lumos's Preliminary Defenses (Summary for Claims Assessment)
While this letter is focused on the tender of the claim for coverage, we wish to bring to Meridian's attention certain preliminary defenses that Lumos believes are available and that may be relevant to Meridian's assessment of the claim's exposure and coverage implications. Lumos believes it has substantial defenses to Pinnacle's claims, which are summarized below. These defenses are preliminary and subject to further investigation, development, and refinement as the matter proceeds.
1. Disputed Uptime Measurements. Lumos disputes Pinnacle's characterization of the duration and severity of each of the four alleged service disruptions. Lumos's third-party infrastructure monitoring vendor, Sentinel Uptime Services Inc. (contact: Brenda Hale, Director of Client Engineering; 2200 Mission College Boulevard, Suite 100, Santa Clara, California 95054), recorded materially shorter outage durations for all four incidents than those alleged by Pinnacle. Based on Sentinel's monitoring data, which constitutes the authoritative measurement methodology under Exhibit C, Section 2.1 of the SLA, Lumos calculates total SLA credits owed at approximately Ninety Thousand Dollars ($90,000), rather than the One Hundred Twenty Thousand Dollars ($120,000) claimed by Pinnacle. The discrepancy is attributable to differences in how Pinnacle measured the start and end times of each outage and whether certain periods of degraded (but not wholly unavailable) service constitute "downtime" under the SLA's definitions.
2. Untimely Credit Request for INC-4471. Under Section 3.5 of Exhibit C, a customer must submit its written credit request within thirty (30) calendar days following the end of the affected calendar month. The October 2022 calendar month ended on October 31, 2022, meaning Pinnacle's credit request was due no later than November 30, 2022. Pinnacle submitted its credit request for incident INC-4471 on December 14, 2022—forty-four (44) days after the end of the affected month, exceeding the contractual deadline by fourteen (14) days. Lumos contends that this untimely submission constitutes a waiver of the credit for the October 2022 incident, reducing the properly claimed SLA credits by Thirty-Six Thousand Dollars ($36,000).
3. SLA Credit Cap. Even assuming arguendo that all four SLA credit requests were timely and properly calculated, Section 3.4 of Exhibit C caps total SLA credits at Four Hundred Thirty-Two Thousand Dollars ($432,000) in any rolling twelve-month period. The claimed credits of $120,000 (or $90,000 per Lumos's calculation) fall well within this cap. This defense is noted primarily for completeness, as it constrains the maximum SLA credit exposure.
4. Consequential Damages Waiver. Section 11.3 of the MSA contains a clear and unambiguous mutual waiver of indirect, consequential, incidental, special, punitive, and lost-profits damages. This provision applies regardless of the theory of liability, whether in contract, tort, strict liability, or otherwise, and regardless of whether the party has been advised of the possibility of such damages. Of Pinnacle's total demand of $2,870,000, approximately $2,750,000 (consisting of the $1,950,000 in alleged consequential/business-impact damages, the $340,000 in internal remediation costs, and the $460,000 in reputational harm/client attrition) represents precisely the types of indirect and consequential damages that are barred by Section 11.3. The consequential damages waiver is a material defense that, if sustained, would reduce Pinnacle's recoverable claim to the SLA credits alone.
5. Third-Party Causation (INC-5033). Lumos has substantial evidence that the March 3–5, 2023 incident (INC-5033) was not caused by any act or omission of Lumos, but was instead triggered by a configuration change implemented by Pinnacle in its own cloud environment, which is hosted by Brindoval Cloud Infrastructure LLC ("Brindoval"), Pinnacle's independent infrastructure-as-a-service provider. Exhibit C, Section 2.3 of the SLA expressly excludes from the uptime calculation any periods of unavailability caused by the acts or omissions of the customer or its third-party providers. Accordingly, INC-5033 should be excluded from the SLA credit calculation entirely, further reducing Pinnacle's recoverable credits.
6. Failure to Mitigate. Pinnacle did not activate its contractual right to failover to Lumos's designated disaster-recovery environment (US-West-2), which was available and operational during each of the alleged outage periods. The MSA and SLA contemplate that the customer will engage the disaster-recovery failover procedures set forth in Exhibit C, Section 5.1 in the event of a sustained P1 outage, and Pinnacle's failure to do so arguably contributed to the duration and severity of the disruptions it experienced. Lumos intends to assert failure to mitigate as both a partial defense to liability and as a basis for reducing any damages that might otherwise be recoverable.
We emphasize that the foregoing defenses are preliminary in nature and are provided for Meridian's reference in evaluating the claim. Lumos reserves the right to assert additional defenses as the matter progresses.
VIII. Applicability of the Policy
Lumos respectfully submits that the claims asserted by Pinnacle fall within the coverage provided by the Policy for the following reasons:
First, the claims arise from alleged errors, omissions, negligent acts, or failures in the performance of technology services by Lumos for Pinnacle. The Insuring Agreement of the Policy provides coverage for claims made against the insured arising out of a "Wrongful Act," which is defined to include any actual or alleged error, omission, misstatement, misleading statement, neglect, breach of duty, or failure to perform in the rendering of or failure to render "Technology Services." Lumos's provision of its SaaS financial analytics platform to Pinnacle under the MSA constitutes the rendering of Technology Services as defined under the Policy.
Second, all four of the alleged service disruptions occurred during the Policy Period. Incident INC-4471 occurred in October 2022; Incident INC-4602 occurred in November 2022; Incident INC-4815 occurred in January 2023; and Incident INC-5033 occurred in March 2023. The Policy Period runs from July 1, 2022 through July 1, 2023, and accordingly each of the alleged acts or omissions giving rise to the claim took place within the effective dates of the Policy.
Third, the formal demand letter from Pinnacle was received by Lumos on May 1, 2023, which is also within the Policy Period. This tender letter constitutes the report of the claim to Meridian, made within seventeen (17) days of receipt of the demand, and well within any reasonable or contractual notice period.
Fourth, the claim involves a single claimant, Pinnacle, asserting claims arising from a series of related events under a single contract, the MSA. Lumos reserves the right to argue that the four incidents constitute either a single occurrence or multiple occurrences, as may be most favorable to Lumos under the Policy terms and applicable law. Regardless of how the occurrences are characterized, the total demand of $2,870,000 falls well below both the per-occurrence limit of $5,000,000 and the aggregate limit of $10,000,000.
For all of the foregoing reasons, Lumos respectfully submits that this claim is covered under the Policy and that Meridian's defense and indemnity obligations have been triggered.
IX. Formal Tender Request
Lumos hereby formally tenders this claim to Meridian Specialty Insurance Company and respectfully requests the following:
1. Acknowledgment of Coverage. Lumos requests that Meridian acknowledge coverage under Policy No. MSI-TECH-2022-07841 for the defense of, and potential indemnity obligations arising from, Pinnacle's claims as described herein. Lumos further requests that Meridian confirm in writing that the Policy is in force and that the claim has been accepted for coverage evaluation.
2. Defense Coverage. Lumos requests that Meridian acknowledge its obligation to fund defense costs in connection with the defense of this matter, subject to the $250,000 Self-Insured Retention. Lumos understands that defense costs will be applied against the SIR until the SIR is exhausted, at which point Meridian's obligation to fund defense costs will attach directly. Lumos requests Meridian's confirmation of this understanding and cooperation in the administration of defense costs.
3. Indemnity Coverage. To the extent that any settlement, judgment, arbitration award, or other financial obligation is entered against Lumos in connection with the Pinnacle claim, Lumos requests indemnity coverage under the Policy, subject to the applicable per-occurrence and aggregate limits of liability and the SIR. Lumos reserves all rights with respect to the characterization of occurrences and the application of limits.
4. Prompt Response. Lumos requests Meridian's written acknowledgment of receipt of this tender and an initial coverage determination within the timeframes specified in the Policy and applicable insurance regulations of the State of Connecticut (Meridian's state of domicile) and the State of California (the Insured's state of residence and the governing law jurisdiction of the underlying contract). Lumos expects to receive such response no later than thirty (30) days from Meridian's receipt of this letter, absent extraordinary circumstances communicated to Lumos in writing.
Lumos acknowledges the $250,000 Self-Insured Retention applicable under the Policy and understands that defense costs, as well as any settlement or judgment amounts, will be applied against the SIR until the SIR has been fully exhausted.
X. Engagement of Defense Counsel
Lumos has retained Calderwood & Harkness LLP as defense counsel in this matter. The engagement was opened on May 15, 2023, under Calderwood & Harkness matter number 1008-00007. The engagement team assigned to this matter is as follows:
Lumos respectfully requests Meridian's consent to Calderwood & Harkness LLP serving as approved defense counsel under the Policy. We note that the firm has extensive experience in technology errors and omissions matters, SaaS contract disputes, and insurance coverage litigation, and is well positioned to provide a vigorous and cost-effective defense of Lumos's interests.
Lumos will provide Meridian with periodic billing statements and defense cost reports for application against the Self-Insured Retention, and thereafter for reimbursement by Meridian once the SIR has been exhausted. Lumos will comply with any litigation management guidelines or reporting requirements specified by Meridian, to the extent consistent with applicable professional responsibility obligations and Lumos's right to control its own defense.
XI. Reservation of Rights
Lumos respectfully requests that, in the event Meridian issues a reservation of rights in connection with this claim, such reservation be communicated in writing with specificity as to the particular policy provisions, exclusions, conditions, or other bases for any coverage limitations or exclusions that Meridian asserts. Lumos further requests that any reservation of rights letter identify, with particularity, the factual and legal bases for each reserved right, so that Lumos may evaluate and, if necessary, respond to the reservation.
Lumos reserves all of its rights under the Policy, at law, and in equity, including but not limited to the right to challenge any coverage denial, coverage limitation, reservation of rights, or other determination by Meridian that Lumos believes is inconsistent with the terms of the Policy or applicable law. Nothing in this letter or in any subsequent communication shall be construed as a waiver of any right or remedy available to Lumos.
XII. Enclosed Documents
The following documents are enclosed with this letter for Meridian's review and claims file:
Exhibit A: Copy of Pinnacle Financial Holdings LLC's formal demand letter dated May 1, 2023, transmitted via Hargrove, Tillman & Burch LLP.
Exhibit B: Copy of the Master Services Agreement dated January 15, 2021 (Lumos internal reference: MSA-PFH-2021-0015), including all exhibits and schedules, with particular attention to Exhibit C (Service Level Agreement).
Exhibit C: Copies of Lumos's internal incident reports for Incident INC-4471, Incident INC-4602, Incident INC-4815, and Incident INC-5033, including root cause analyses and timeline summaries prepared by Lumos's engineering and operations teams.
Exhibit D: Copy of the declarations page for Policy No. MSI-TECH-2022-07841.
Lumos will provide additional documentation as it becomes available or as reasonably requested by Meridian in connection with its coverage evaluation.
XIII. Contact Information and Communications
All communications regarding this claim should be directed to:
Primary Contact: Linda Osei, Partner Calderwood & Harkness LLP 101 California Street, Suite 3200 San Francisco, California 94111 Telephone: (415) 391-7200
Email: losei@calderwoodharkness.com
With a copy to: Adriana Voss, General Counsel Lumos Analytics Inc. 580 Howard Street, Suite 400 San Francisco, California 94105 Telephone: (415) 555-8100
Email: avoss@lumosanalytics.com
Lumos's insurance broker, Velthorn Risk Advisors LLC (Neil Frazier, Account Executive), has been copied on this letter and may be contacted directly regarding policy administration matters.
XIV. Closing
Lumos takes this matter extremely seriously and is committed to mounting a vigorous and well-organized defense against Pinnacle's claims. As described in Section VII above, Lumos believes it has substantial and meritorious defenses, including the contractual consequential damages waiver, disputed uptime measurements, untimely credit requests, third-party causation, and failure to mitigate, each of which may significantly reduce or eliminate Pinnacle's claimed damages.
Lumos looks forward to Meridian's prompt response acknowledging receipt of this tender and providing an initial coverage determination. We are prepared to provide any additional information, documentation, or briefing that Meridian may require to evaluate the claim and make a timely coverage determination. We welcome the opportunity to schedule a call or meeting with your claims team to discuss the matter in further detail at your earliest convenience.
Thank you for your prompt attention to this matter. We look forward to a cooperative and productive working relationship in the defense of this claim.
Very truly yours,
CALDERWOOD & HARKNESS LLP
By: ________
Linda Osei Partner 101 California Street, Suite 3200 San Francisco, California 94111 Telephone: (415) 391-7200
Email: losei@calderwoodharkness.com
cc:
Adriana Voss, General Counsel, Lumos Analytics Inc. Marcus Ellison, Chief Executive Officer, Lumos Analytics Inc. Neil Frazier, Account Executive, Velthorn Risk Advisors LLC Priya Anand, Partner, Calderwood & Harkness LLP
Enclosures (4):
Exhibit A — Pinnacle Financial Holdings LLC Demand Letter (May 1, 2023) Exhibit B — Master Services Agreement (MSA-PFH-2021-0015), including Exhibit C (SLA) Exhibit C — Lumos Internal Incident Reports (INC-4471, INC-4602, INC-4815, INC-5033) Exhibit D — Declarations Page, Policy No. MSI-TECH-2022-07841
| Policy Term | Detail | |
| Policy Number | MSI-TECH-2022-07841 | |
| Policy Type | Technology Errors & Omissions / Cyber Liability | |
| Issuing Carrier | Meridian Specialty Insurance Company | |
| Policy Period | July 1, 2022 – July 1, 2023 | |
| Per-Occurrence Limit of Liability | $5,000,000 | |
| Aggregate Limit of Liability | $10,000,000 | |
| Self-Insured Retention ("SIR") | $250,000 | |
| Producing Broker | Velthorn Risk Advisors LLC (Neil Frazier, Account Executive) | |
| Attorney | Role | Hourly Rate |
| Linda Osei | Responsible Partner | $1,050/hr |
| Priya Anand | Billing Partner | $995/hr |
| Simone Laroche | Lead Associate | $725/hr |
| Jeffrey Park | Working Associate | $575/hr |