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AP'
<br /> 0
<br /> \[rrliAberty
<br /> htternational
<br /> Healthcare Professional Liability Underwriters.
<br /> a. a delay in or lack of performance by or on behalf of the Named Insured or any contract or agreement;or
<br /> b. the failure of the Named Insured's Products or work performed by or on behalf of the Named Insured
<br /> to meet with the level of performance,quality,fitness or durability warranted or represented by the Named
<br /> Insured;
<br /> but this exclusion does not apply to loss of use of other tangible property resulting from the sudden and
<br /> accidental physical injury to or destruction of the Named Insured's Product or work performed by or on behalf
<br /> of the Named Insured after such products or work have been put to use by any person or organization other
<br /> than an Insured;
<br /> 20. to Property Damage to the Named Insured's Products arising out of the use of such products or any part of
<br /> such products;
<br /> 21. to claims brought for the withdrawal, inspection, repair, replacement, or loss of use of the Named Insured's
<br /> Products or work completed by or for the Named Insured or any property of which such products or work
<br /> form a part, if such products, work or property are withdrawn from the market or from use because of any
<br /> known or suspected defect or deficiency therein;
<br /> 22. to claims brought against any Insured as a proprietor,owner,partner,manager,superintendent,or officer of any
<br /> hospital, sanitarium, medical clinic, health maintenance organization, managed care facility, foster care agency,
<br /> adoption agency or any other facility not specified in the Declarations or any endorsement thereto;
<br /> 23. to claims arising out of the services performed by any Insured as a physician, surgeon,dentist, nurse midwife,
<br /> chiropractor,podiatrist,osteopath,psychiatrist,cytotechnologist,or perfusionist,except for services performed as
<br /> an optometric physician,or to claims brought against the Insured arising out of any trade,business,employment,
<br /> profession or occupation other than as specified in the Declarations or any endorsement thereto;
<br /> 24. to claims based on or arising out of the practice of the Named Insured's business or professional occupation as
<br /> stated in the Declarations unless the Insured is properly licensed or certified by the laws of the state(s) in which
<br /> the Insured practices or conducts business or is otherwise qualified to practice the Named Insured's business
<br /> or professional occupation in the absence of such law;
<br /> 25. to claims based on or arising out of services provided by any Insured, to the extent such services are not
<br /> authorized or permitted by the laws of the state(s)in which such Insured practices or conducts business;
<br /> 26. to any claims based on or arising out of any act or omission by an Insured with respect to hiring, termination,
<br /> harassment, compensation, or the tenure, term, condition, benefits or privilege of employment of any such
<br /> person;
<br /> 27. to any claims made or Suits brought against any Insured alleging in whole or part:
<br /> a. physical assault,abuse,molestation,or habitual neglect,or licentious,immoral,amoral or other behavior that
<br /> was committed or alleged to have been committed,by the Insured or by any person for whom the Insured
<br /> is legally responsible;and/or
<br /> b. sexual assault,abuse,or molestation,or licentious,immoral,amoral or other behavior which was threatened,
<br /> intended to, lead to or culminated in, any sexual act whether committed intentionally, negligently,
<br /> inadvertently or with the belief,erroneous or otherwise,that the other party is consenting and has the legal
<br /> and mental capacity to consent thereto, that was committed, or alleged to have been committed by the
<br /> Insured or by any person for whom the Insured is legally responsible.
<br /> This exclusion applies regardless of the legal theory or basis upon which the Insured is alleged to be legally
<br /> liable or responsible in whole or in part, for any Damages arising out of sexual and/or physical abuse,
<br /> including but not limited to assertions of improper or negligent hiring,employment or supervision, failure to
<br /> protect or warn the other party, failure to prevent the sexual abuse and/or physical abuse, failure to prevent
<br /> assault and battery,failure to discharge the employee.
<br /> 7 15
<br /> HCPL-2037i(01/14)
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