Lynn Shatz 12/3/2019 - Laserfiche WebLink

• •. Liberty International i Underwriters. Healthcare Professional Liability II. Solely with respect to COVERAGE A. PROFESSIONAL LIABILITY COVERAGE, the following is added to SECTION III,LIMITS OF LIABILITY: The Sexual Misconduct Aggregate Sublimit of Liability indicated above is the limit of the Company's liability for the sum of all amounts the Insured is legally obligated to pay as a result of Claims involving any act of Sexual Misconduct arising out of or related to the operation of the business or conduct of the profession of the Named Insured as specified in the Declarations, provided that Sexual Misconduct has not been determined to have occurred by any civil or criminal trial verdict, court ruling, regulatory ruling or legal admission , whether appealed or not. This Sexual Misconduct Aggregate Sublimit of Liability shall apply: 1. in the event that Sexual Misconduct is alleged,whether in a complaint, during discovery at trial or otherwise, regardless of the legal or factual theory of recovery advanced, including but not limited to assertions of improper or negligent hiring or employment, or failure to investigate or supervise;and 2. to any and all such Claims arising out of the same or related acts or omissions. The Sexual Misconduct Aggregate Sublimit of Liability shall be the only source of payment of Covered Sexual Misconduct Damages, and shall be included within, and not in addition to, the Aggregate Limit of Liability specified in the Declarations. III. SECTION VI,EXCLUSIONS,paragraph 27. is replaced by the following: 27. to any Claims made or Suits brought against any Insured alleging,in whole or part, Sexual Misconduct,and/or physical abuse of a non-sexual nature. This exclusion applies to any Damages arising out of Sexual Misconduct other than Covered Sexual Misconduct Damages, and/or physical abuse of a non-sexual nature, regardless of the legal theory or basis upon which the Insured is alleged to be legally liable or responsible in whole or in part, including but not limited to assertions of improper or negligent hiring, employment or supervision, failure to protect or warn the other party, failure to prevent the Sexual Misconduct and/or physical abuse of a non-sexual nature, and failure to discharge the employee. However, notwithstanding the foregoing exclusion, with respect to COVERAGE A, PROFESSIONAL LIABILITY COVERAGE only, the Insured shall be entitled to a defense as provided under the terms of the policy as to any Claim upon which Suit is brought for any such alleged behavior, unless the behavior has been determined to have occurred by any civil or criminal trial verdict, court ruling, regulatory ruling or admission, whether appealed or not. The Company shall not be required to appeal a judgment or final 2 3 HCPT 8324(01/15)