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This Declaration Page is attached to and forms part of certificate provisions
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Previous No. Authority Ref No Certificate No.
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DECLARATIONS
1.INSURED:
(a) Named Insured:
(b)Named Insured’s Address:
2.POLICY PERIOD:
From:To:
both days at 12.01 A.M. Local Standard Time at the Named Insured’s address shown in Item 1(b) of the Declarations.
3.DESCRIPTION OF OPERATIONS:
4.LIMITS OF LIABILITY:
Professional Liability:
$Each Claim
General Liability:
$Each Claim
Personal and AdvertisingLiability:
$Each Claim
Fire Damage Liability:
$Each Claim
Medical Payments:
$Each Claim
Combined Policy Aggregate Limit of Liability (Other than Products-Completed Operations):
$
5.DEDUCTIBLE:
$Each Claimwithout aggregate
6RETROACTIVE DATE:
7.PREMIUM FOR THIS POLICY: $
8.ENDORSEMENTS ATTACHING TO THE POLICY:
9.NOTIFICATION OF CLAIM TO:
10.SERVICE OF PROCESS UPON:
11. Underwriters’ Representative:
PROFESSIONAL AND GENERAL LIABILITY
INSURANCE POLICY
CLAIMS MADE AND REPORTED COVERAGE
THIS IS A CLAIMS MADE AND REPORTED POLICY. COVERAGE IS ONLY PROVIDED FOR CLAIMS WHICH ARE BOTH: (1) FIRST MADE AGAINST AN INSURED DURING THE POLICY PERIODOR ANY APPLICABLE EXTENDED REPORTING PERIOD; AND (2) REPORTED TO UNDERWRITERS AS SOON AS PRACTICABLE, BUT NOT MORE THAN 30 DAYS AFTER EXPIRATION OF THE POLICY PERIOD OR AFTER THE EXPIRATION OF ANY APPLICABLE EXTENDED REPORTING PERIOD. COVERAGE IS ONLY PROVIDED FOR CLAIMS ARISING FROM PROFESSIONAL SERVICES WHICH WERE RENDERED OR GENERAL LIABILITY INCIDENTS WHICH OCCURRED ON OR AFTER THE RETROACTIVE DATE STATED IN THE DECLARATIONS AND PRIOR TO THE EXPIRATION OF THE POLICY PERIOD.
This Policy is divided into two coverage Sections, Professional Liability (Section 1) and General Liability (Section 2). Unless otherwise noted, the following Insuring Agreements, Conditions, Definitions, Exclusions and any Endorsements to this Policy apply to both Sections.
In consideration of the payment of the premium and in reliance upon the representations in the NamedInsured’s completed and signed application and any materials submitted therewith and subject to the Insuring Agreements, Conditions, Definitions and Exclusions of this Policy, Underwriters agree with the NamedInsured as follows:
I.INSURING AGREEMENTS
1.COVERAGE - CLAIMS MADE AND REPORTED
Section 1 - Professional Liability
A.Subject to the Each Claim Professional Liability Limit of Liability of this Policy as specified in the Declarations, Underwriters agree to pay those sums in excess of the deductible specified in the Declarations that anInsured becomes legally obligated topay as Damagesand/or Defense Costs as a result of Claims which are both first made against the Insured during the Policy Period (or any applicable extended reporting period) and reported to Underwriters as soon as practicable (but not more than 30 days after the expiration of the Policy Period or after the expiration of any applicable extended reporting period) and which result from a Professional Liability Incident to which this Policy applies. This Policy only applies toProfessional Liability Incidentsarising from Professional Services which were rendered on or after the retroactive date specified in the Declarations and prior to the expiration of the Policy Period. In the event a Claim is reported to Underwriters within 30 days after the expiration of the Policy Period or during any applicable extendedreporting period, the Claim shall be deemed to havebeen reported on the last day of the Policy Period.
B.Section 2 - General Liability
Subject to the Each ClaimGeneral Liability Limit of Liability of this Policy as specifiedin the Declarations, Underwriters agree to pay those sums in excess of the deductible specified in the Declarations that anInsured becomes legally obligated to pay asDamagesand/or Defense Costs as a result of Claims which are both first made against the Insured during the Policy Period (or any applicable extended reporting period) and reported to Underwriters as soon as practicable (but not more than 30 days after the expiration of the Policy Period or after the expiration of any applicable extended reporting period) and which result from a General Liability Incident to which this Policy applies. This Policy only applies to General Liability Incidentswhich occur on or after the retroactive date specified in the Declarations and prior to the expiration of the Policy Period. In the event a Claim is reported to Underwriters within 30 days after the expiration of the Policy Period or during any applicable extended reporting period, the Claim shall be deemed to have been reported on the last day of the Policy Period.
2.DEFENSE, SETTLEMENT, INVESTIGATION
A.Underwriters have the right and duty to defend any coveredClaim against anInsured seeking Damages on account of a Professional Liability Incident or a GeneralLiability Incidentto which this insurance applies, even if any of the allegations of the Claim are groundless, false or fraudulent. Underwriters have the right, in their sole discretion, to investigate, retaincounsel, defend a Claim and/or effect any settlementthey deem prudent. Underwriters may settle any Claim without the consent of the Named Insured, unless such consent is required by the law of the state in which the Claim is pending. Underwritersshallnotbe obligated to pay any Claim and/or Defense Costs or to defend or continue to defendany Claimafter the applicable Limit of Liability has been tendered (to the Insured, the claimant or the court before which Suit is pending) or exhausted by the payment of Damages or Defense Costs or both.
B.Underwriters have no obligation or duty to defend any Claim for which coverage is excluded hereunder or not otherwise afforded by this Policy and Underwriters shall not be obligated to pay any Defense Costs incurred by any Insured in the Insured’s defense of any Claim not covered by this Policy.
3.COVERAGETERRITORY
This Policy shall apply to Claims brought against anInsured in the United States of America, arising out of Professional Liability Incidents or General LiabilityIncidents which occur in the United States of America, its territories or possessions,Canada orPuerto Rico.
4.LIMITS OF LIABILITY
A.The EachClaim and Aggregate Limits of Liability statedin the Declarations dictate themost Underwriters will pay regardless of the number of:
(i)Insureds;
(ii)Claims made; or
(iii)persons or organizations making Claims.
B.The Combined Policy Aggregate Limit of Liability stated in the Declarations is the total limit applicable for all Damages or Defense Costsor both arising out of all Claims madeduring the Policy Period (including any applicable extended reporting period) regardless of the number of Claims made or the number of Insureds against whom Claims are made. The Combined Policy Aggregate Limit of Liability is shared by both the Professional Liability (Section 1) and the General Liability (Section 2) sections of the Policy.
C.Subject to Paragraph B. above, the Personal and Advertising Injury Limit stated in the Declarations is the most Underwriters will payfor Damagesand/or Defense Costsbecause of all Personal Injury and Advertising Injury sustained by any one person or organization.
D.Subject to Paragraph B. above, the Each ClaimProfessional Liability Limit of Liability stated in the Declarations is the most Underwriters will pay for all Damagesand/or Defense Costs arising out of any one Professional Liability Incident.
E.Subject to Paragraph B. above, the Each ClaimGeneral Liability Limit of Liability stated in the Declarations is the most Underwriters will payfor all Damagesand/or Defense Costs arising out of any one General Liability Incident.
F.Subject to F. above, the Fire Damage Limit of Liability stated in the Declarations is the most Underwriters will pay for Damagesand/or Defense Costs because of Property Damage to premises, while rented to the Named Insured or temporarily occupied by the Named Insured with permission of the owner, arising out of any one fire.
G.If the Policy Period is extended for an additional period of less than 12 months, the additional period will be deemed part of the Policy Period for purposes of determining the Limit of Liability. The Limits of Liability, including the applicable Aggregate Limit of Liability, shall not increase as a result of an extension of the Policy Period or the triggering of an extended reporting period.
5.DEDUCTIBLE
A.Subject to the applicable Limit of Liability stated in the Declarations, Underwriters’obligation to pay Damages and/or Defense Costs on behalf of an Insured applies only to the amount of Damagesand/or Defense Costs in excess of the deductible amount stated in the Declarations. Underwriters’ applicable Limit of Liability shall be reduced by the amount of such deductible.
B.The deductible amount applies on a per Claim basis, to all Damages and/orDefenseCosts sustained as the result of any one Professional Liability Incident or any one General Liability Incident. The Named Insured shall not insure against such exposure without Underwriters’ written consent. All Claims arising from a single Professional Liability Incident or a single General Liability Incidentor from continuous, related or repeatedProfessional Liability Incidents or General Liability Incidents shall be subjectto one deductible.
C.Underwriters may pay or commit sums falling within the deductible to investigate, defend and/or settle a Claim. The Named Insured agrees to tender funds to Underwriters within fifteen days of being notified of any such payment or commitment to pay any sums falling within the deductible. In the event of any recovery on a loss that has or is being paid under this Policy, such recovery shall accrue entirely to the benefit of Underwriters until Underwriters have been made whole.
6.CURRENCY
The premium and losses under this Policy are payable in United States dollars.
II.CONDITIONS
1.INSURED’S DUTIES IN THE EVENT OF A CLAIM
As a condition precedent to the protection afforded by this Policy, theNamedInsured shall, as soon as practicable (but not more than 30 days after the expiration of the Policy Period or after the expiration of any applicable extended reporting period), give written notice to the individual or entity referenced inthe Declarationsof every Claim first made against anyInsured during the Policy Period (or any applicable extended reporting period) as a result of any Professional Liability Incident or General Liability Incidentto which this Policy applies.Notice of such Claims should be sent using the attached Loss Advice Form.
2.ASSISTANCE AND COOPERATION
A.An Insured must do nothing after a loss to prejudice Underwriters’ rights.
B.AnInsured shall cooperate with Underwriters and, upon Underwriters’ request, shall assist in the conduct of the Claim and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the Insured with respect to any Claim which is or may be covered under this Policy. The Insured shall attend all hearings and trials and will assist in obtaining witnesses and securing and giving evidence.
C.In the event any payment is made under this Policy, Underwriters will be subrogated to all of the Insured’s rights of recovery against any person or organization; the Insuredwill execute documents and do whatever else is necessary to secure and pursue such rights.
D.An Insured shall not admit liability, assume any obligation, settle any Claim, make any paymentor incur any Defense Costswithout the written consent of Underwriters. Underwriters shall not be liable for any payments made or Defense Costsincurred by or on behalf ofan Insured prior to written notice of Claim being received by the entity designated in the Declarations.
3.OTHER INSURANCE
If other valid and collectible insurance is available to anInsured covering a Claim also covered by this Policy, this Policy shall be in excess of and shall not contribute with such other insurance. Notwithstanding any “other insurance” provision contained in any other valid and collectible insurance available to an Insured, the “other insurance” provision contained herein is controllingand Underwriters shall not make any payments under this Policy until the limits of the Insured’s “other insurance” have been exhausted. Subject to the preceding, the coverage afforded hereunder is in excess of and shall not contribute with any other valid and collectible insurance which has been specifically contracted for by anInsured or another under any Policy in which the Insured is a Named or Additional Insured. Nothing herein shall be construed to make this Policy subject to the terms, definitions, conditions and limitations of any other insurance.
4.LEGAL ACTION AGAINST UNDERWRITERS
No person or organization has the right under this Policy:
A.to join Underwriters or their representatives as a party or otherwise bring Underwriters or their representatives into any proceeding seeking Damages from any Insured; or
B.to file Suit or any other proceeding against Underwriters unless there has been full compliance with all of the terms of this Policy.
5.FALSE OR FRAUDULENT CLAIMS
If anInsured gives notice of any Claim knowing the same to be false or fraudulent, this Policy shall become void and all rights hereunder shall be forfeited by the Insured.
6.SEPARATION OF INSUREDS
Except with respect to the Limits of Liability, Deductible and any rights or duties specifically assigned in this Policy to the Named Insured, this Policy applies:
A.as if each Insured were the only Insured; and
B.separately to each Insured against whom a Claim is made.
7.SPECIAL RIGHTS AND DUTIES OF THE NAMED INSURED
It is agreed by all Insureds that the Named Insured is authorized to act on behalf ofall Insureds as to:
A.giving and receiving notice of cancellation;
B.providing consent to settle if such consent is required by the law of the state in which the Claim is pending;
C.payment of deductibles and premiums and receipt of return premiums;
D.acceptance of any endorsements to this Policy;
E.purchasing or deciding not to purchase an extended reporting period endorsement, if applicable;
F.agreeing to any changes in this Policy; or
G.making representations to Underwriters in connection with the issuance of this Policy.
8.INSPECTION AND AUDIT
Underwriters shall be permitted, but not obligated, to inspect any Insured’s property, operations and/or records at any time. Neither Underwriters’ right to make inspections nor the making thereof or any report thereon shall constitute an undertaking on behalf of or for the benefit of the Insured to determine or warrant that such property or operations are safe or healthful or are in compliance with any law, rule or regulation.
Underwriters may examine and audit an Insured’s books and records at any time during the Policy Period and any extensions thereof and within three years after the final termination of this Policy.
9.TITLES OF PARAGRAPHS
Titles of paragraphs are inserted solely for convenience of reference and shall not be deemed to limit, expand or otherwise affect the provisions to which they relate.
10.CONFORMANCE TO STATUTE
To the extent that this Policy conflicts with any applicable law, statute or regulation, this Policy shall conform to the minimum requirements of such law, statute or regulation.
11.CHANGES
The terms of this Policy shall not be waived or changed except by endorsement duly executed by Underwriters and issued to form a part of this Policy.
12.ASSIGNMENT
No assignment of interest under this Policy shall be valid except by endorsement duly executed by Underwriters and issued to form a part of this Policy.
If the Named Insured dies or is legally declared bankrupt, the Named Insured’s rights and duties will be transferred to his/her legal representative, but only while such representative is acting within the scope of their duties as such. However, notice of cancellation sent to the Named Insured stated in the Declarations and mailed to the address stated in the Declarations will remain sufficient notice to effect cancellation of this Policy.
13.APPLICATION
By acceptance of this Policy, the NamedInsured agrees that the statements in the application are his/her representations, that such representations are accurate and complete, that such representations are material to the risk undertaken by Underwriters and that this Policy is issued and continued in force in reliance upon the truth of such representations. The application is deemed incorporated into this Policy as if physically attached and constitutes a part of this Policy.
14.BANKRUPTCY/INSOLVENCY
The NamedInsured’s bankruptcy or insolvency will not relieve Underwritersof their obligations under this Policy.
15.NOTICE OF CANCELLATION OR NON-RENEWAL
A.It is understood and agreed that this Policy may be cancelled by the Named Insured by surrendering it to Underwriters or Underwriters’ Representative or by mailing to Underwriters or Underwriters’ Representative written notice stating when thereafter cancellation shall be effective. This Policy may be cancelled by Underwriters bymailing to theNamed Insured, at the address stated in the Declarations, written notice stating when, not less than thirty (30)days thereafter, cancellation shall be effective. However, in the event of non-payment of premium by the NamedInsured, this Policy may becancelled by Underwriters by mailing notice to theNamedInsured stating when, not less than ten (10) days thereafter, cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice and the coverage provided by this Policyshall end on the effective date and hour of cancellation as stated in the notice. Mailing of such written notice either by the Named Insured or by Underwriters shall be equivalent to delivery. If the Named Insured cancels, the unearned premium shall be computed in accordance with the customary short rate table and procedure. If Underwriters cancel, unearned premium shall be computed pro rata. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation.
B.In the event of non-renewal of this Policy by Underwriters, Underwriters or their legal representative shall provide the Named Insured with written notice of their intent to non-renew at least thirty (30) days in advance of the expiration date of the Policy Period. Notice shall be provided via regular U. S. mail to the address stated in the Declarations.
16. EXTENDED REPORTING PERIOD
A.If this Policy is cancelled or non renewed by the Named Insured, or if Underwriters refuse to renew this Policy for reasons other than non-payment of premium or non-compliance with the terms and conditions of this Policy, the Named Insured shall have the right, upon payment of additional premium, to purchase an Extended Reporting Period Endorsement, to commence at the end of the Policy Period. The additional premium for and the terms of the Extended Reporting Period Endorsement shall be determined by Underwriters at the time such request is made by the Named Insured.