"Incident"means any act or omission:
<br /> A. in the rendering of or failure to render services by the Insured,or by any person for whom the Insured is legally
<br /> responsible;including but not limited to services as a Good Samaritan or case management or utilization review
<br /> services,or
<br /> B. in the performance of services by the Insured as a member of a formal accreditation, ethics, peer review,
<br /> licensing board,standards review or similar professional board or committee of a professional organization;
<br /> in the conduct of the business or professional occupation specified in the Declarations.
<br /> Any such act or omission together with all related acts or omissions shall be considered one Incident and be subjectto
<br /> the same limit of liability;
<br /> "Incidental Contract"means any oral or written contract or agreement relating to the operation of the Named Insured's
<br /> business, except as respects Fire Legal Liability;
<br /> "Insured"means any person or organization qualifying as an Insured in Section II,PERSONS INSURED.The insurance
<br /> afforded applies separately to each Insured against whom claim is made or Suit is brought,except with respect to the
<br /> Company's"each Incident"or"each Occurrence"limit of liability,but this provision does not expand or alterthe coverage
<br /> under this policy;
<br /> "Mobile Equipment"means a land vehicle(including any machinery or apparatus attached thereto),whether or notself-
<br /> propelled:
<br /> A. not subject to motor vehicle registration,or
<br /> B. maintained for use exclusively on premises owned by or rented to the Named Insured, including the ways
<br /> immediately adjoining,or
<br /> C. designed for use principally off public roads,or
<br /> D. designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an
<br /> integral part of or permanently attached to such vehicle: power cranes, shovels, loaders,diggers and drills;
<br /> concrete mixers(other than the mix-in-transit type);graders,scrapers, rollers and other road construction or
<br /> repair equipment;air-compressors,pumps and generators,including spraying,welding and building cleaning
<br /> equipment;and geophysical exploration and well servicing equipment;
<br /> "Named Insured" means the organization named in item 1 of the Declarations of this policy. "Named Insured"also
<br /> shall include any organization which is acquired or formed by the Named Insured and over which the Named Insured
<br /> maintains ownership or majority interest, other than a joint venture, but this insurance shall not apply if such new
<br /> organization is also an Insured under any other similar liability or indemnity policy or would be Insured under any such
<br /> policy but for exhaustion of its limits of liability. Unless written notice is given to the Company, this coverage shall
<br /> terminate 90 days from the date any such organization is acquired or formed by the Named Insured,or the end of the
<br /> Policy Period whichever is earlier,and shall only apply to claims brought against the Insured arising out of the business
<br /> or professional occupation specified in the Declarations;
<br /> "Named Insured's Products" means goods or products manufactured by the Named Insured or by others trading
<br /> under the name of the Named Insured,including any container thereof;
<br /> "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general
<br /> conditions,which results in Bodily Injury or Property Damage, neither expected nor intended from the standpoint of
<br /> any Insured or Advertising Injury;
<br /> "Personal Injury"means injury arising out of an offense committed during the Policy Period,if such injury resultfrom:
<br /> A. false arrest,detention or imprisonment,or malicious prosecution,or
<br /> B. the publication or utterance of a libel or slander or of other defamatory or disparaging material,or a publication
<br /> or utterance in violation of an individual's right of privacy;except publications or utterances in the course of or
<br /> related to advertising,broadcasting or telecasting activities conducted by or on behalf of the Named Insured,or
<br /> C. wrongful entry or eviction, or other invasion of the right of private occupancy;
<br /> Any such act, described in A, B or C above, together with all related acts described in A, B or C above shall be
<br /> considered one Personal Injury and be subject to the same limit of liability.
<br /> "Policy Period" means, whenever used in this policy, the period from the inception date of this policy to the policy
<br /> expiration date as set forth in the Declarations or its earlier termination date,if any;
<br /> "Products Hazard"includes Bodily Injury and Property Damage arising out of the Named Insured's Products or
<br /> reliance upon a representation or warranty made at any time with respect thereto, but only if the Bodily Injury or
<br /> Property Damage occurs away from the premises owned by or rented to the Named Insured and after physical
<br /> possession of such products has been relinquished to others.Equipment specifically designed,made or altered by the
<br /> Insured for a patient or client in the performance of the Insured's profession or operation of business,shall not be
<br /> included in the"Products Hazard";
<br /> "Property Damage"means:
<br /> PLJ-2037(05/98)(Ed.09/11) ©2011,Fireman's Fund Insurance Company,Novato,CA, All rights reserved. Page 9 of 13
<br />
|