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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
<br /> behavior that was committed or alleged to have been committed,by the Insured or by any person for
<br /> whom the Insured is legally responsible, and/or
<br /> b. sexual assault, abuse, or molestation, or licentious, immoral, amoral or other behavior which was
<br /> threatened, intended to, lead to or culminated in, any sexual act whether committed intentionally,
<br /> negligently,inadvertently or with the belief,erroneous or otherwise,that the other party is consenting
<br /> and has the legal and mental capacity to consent thereto,that was committed,or alleged to have been
<br /> committed by the 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,including
<br /> but not limited to assertions of improper or negligent hiring, employment or supervision, failure to protect or
<br /> warn the other party,failure to prevent the sexual abuse and/or physical abuse,failure to prevent assault and
<br /> battery,failure to discharge the employee.
<br /> However,notwithstanding the foregoing exclusion,the Insured shall be entitled to a defense as provided under
<br /> the terms of the policy as to any claim upon which Suit is brought for any such alleged behavior, unless a
<br /> judgement 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 judgement 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 Injury or 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
<br /> the 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
<br /> behalf 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
<br /> person or organization or goods,products or services,or in violation of an individual's right of privacy,
<br /> made by or 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:When used in this policy(including endorsements forming a part hereof):
<br /> "Advertising Injury"means injury arising out of an offense committed during the Policy Period occurring in the course
<br /> of the Named Insured's advertising activities,if such injury arises out of libel,slander,defamation,violation or right of
<br /> privacy, piracy,or infringement of copyright,title or slogan;
<br /> "Assault"means any willful attempt orthreatto inflict injury upon the person of another,when coupled with an apparent
<br /> present ability to do so, and any intentional display of force such as would give the victim reason to fear or expect
<br /> immediate bodily harm;
<br /> "Automobile"means any land motor vehicle,tractor,trailer or semi-trailer designed for travel on public roads(including
<br /> 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 /> "Claims Expenses"means:
<br /> A. fees charged by an attorneys)and/or independent adjustor(s)designated by the Company and all other fees,
<br /> costs and expenses resulting from the investigation, adjustment, defense and appeal of a claim, Suit or
<br /> proceedings arising in connection therewith,if incurred by the Company,or by the Insured with written consent
<br /> of the Company, but does not include salary charges or expenses of regular employees or officials of the
<br /> Company;
<br /> PLJ-2037(05/98)(Ed.09/11) C 2011,Fireman's Fund Insurance Company,Novato,CA. All rights reserved. Page 7 of 13
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