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opo <br /> A <br /> ,Lib e <br /> Interli zi <br /> Healthcare Professional Liability <br /> However, notwithstanding the foregoing exclusion, the Insured shall be entitled to a defense as provided <br /> under the terms of the policy as to any claim upon which Suit is brought for any such alleged behavior,unless <br /> a judgment or final adjudication adverse to any Insured or an admission by any Insured, shall establish that <br /> such behavior caused,in whole or part,the injury claimed in such claim or Suit. The Company shall not be <br /> required to appeal a judgment or final adjudication adverse to the Insured. This duty to defend will not apply <br /> to claims brought alleging conduct specified in Exclusion 26,above; <br /> 28. to Bodily Injury and Property Damage included within the Products Hazard or Completed Operations <br /> Hazard; <br /> 29. to Personal and Advertising Injury arising out of: <br /> a. the willful violation of a penal statute or ordinance committed by or with the knowledge or consent of the <br /> Insured; <br /> b. a publication or utterance of a libel or slander, or a publication or utterance in violation of an individual's <br /> right of privacy if the first injurious publication or utterance of the same or similar material by or on behalf <br /> of the Named Insured was made prior to the effective date of this insurance; <br /> c. libel or slander or the publication or utterance of defamatory or disparaging material concerning any person <br /> or organization or goods,products or services,or in violation of an individual's right of privacy,made by or <br /> at the direction of the Insured with knowledge of falsity thereof; <br /> 30. to any claim brought by, or on behalf of, any Insured under this policy against any other Insured under this <br /> policy,except if such claim results from services rendered in a patient or client relationship; <br /> VII. DEFINITIONS <br /> When used in this policy(including endorsements forming a part hereof): <br /> "Advertisement" means a notice that is broadcast or published to the general public or specific market segments <br /> about your goods,products or services for the purpose of attracting customers or supporters.For the purposes of this <br /> definition: <br /> A. Notices that are published include material placed on the Internet or on similar electronic means of <br /> communication;and <br /> B. Regarding web-sites,only that part of a web-site that is about your goods,products or services for the purposes <br /> of attracting customers or supporters is considered an advertisement; <br /> "Assault" means any willful attempt or threat to inflict injury upon the person of another,when coupled with an <br /> apparent present ability to do so,and any intentional display of force such as would give the victim reason to fear or <br /> expect immediate bodily harm; <br /> "Automobile" means any land motor vehicle, tractor, trailer or semi-trailer designed for travel on public roads <br /> (including any machinery or apparatus attached thereto),but does not include Mobile Equipment; <br /> "Bodily Injury" means bodily injury, sickness or disease,mental anguish, psychological injury or emotional distress <br /> sustained by any person which occurs during the Policy Period including death at any time resulting therefrom; <br /> "Case Management"means any or all of the following: <br /> A. Identifying high risk/high cost patients; <br /> B. Assessing opportunities to coordinate care; <br /> C. Assessing and coordinating treatment options and services; <br /> D. Developing treatment plans to improve quality and efficiency in the delivery of care;and <br /> E. Managing a patient's total care to ensure optimal outcomes;and may include Utilization Review. <br /> "Claims Expenses"means: <br /> 8 15 <br /> HCPL-2037i(01/14) <br />