2016-325-E Health - The NC Public Health Foundation for smoking cessation counseling

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DocuSign Envelope ID:91 F43AFA-8CB4-4861-887A-F304C7A6614B COVERAGE B PERSONAL AND ADVERTISING (6) Arising out of a breach of contract, except INJURY LIABILITY an implied contract to use another's adver- t. Insuring Agreement tising idea in your"advertisement"; a. We will pay those sums that the insured be- (7) Arising out of the failure of goods, products comes legally obligated to pay as damages be or services to conform with any statement of cause of "personal and advertising injury" to quality or performance made in your"adver- which this insurance applies. We will have the tisement"; right and duty to defend the insured against any (8) Arising out of the wrong description of the "suit"seeking those damages. However,we will price of goods, products or services stated have no duty to defend the insured against any in your"advertisement"; "suit" seeking damages for "personal and ad- (9) Committed by an insured whose business is vertising injury" to which this insurance does advertising, broadcasting, publishing or not apply. We may, at our discretion, investi- telecasting. However, this exclusion does gate any offense and settle any claim or "suit" not apply to Paragraphs 14.a., b. and c. of that may result. But: "personal and advertising injury" under the (1) The amount we will pay for damages is Definitions Section; or limited as described in Section III — Limits (10) Arising out of the actual, alleged or threat- Of Insurance; and ened discharge, dispersal, seepage, migra- (2) Our right and duty to defend end when we tion, release or escape of"pollutants"at any have used up the applicable limit of insur- time. ance in the payment of judgments or set- b. Any loss, cost or expense arising out of any: tlements under Coverages A or B or medi- cal expenses under Coverage C. (1) Request, demand or order that any insured or others test for, monitor, clean up, re- No other obligation or liability to pay sums or move, contain, treat, detoxify or neutralize, perform acts or services is covered unless ex- or in any way respond to, or assess the ef- plicitly provided for under Supplementary Pay- fects of, "pollutants"; or ments—Coverages A and B. (2) Claim or suit by or on behalf of a govern- b. This insurance applies to "personal and adver- mental authority for damages because of tising injury'caused by an offense arising out of testing for, monitoring, cleaning up, remov- your business but only if the offense was com- ing, containing, treating, detoxifying or neu- mitted in the "coverage territory'during the pol- tralizing, or in any way responding to, or as- icy period. sessing the effects of, "pollutants". 2. Exclusions COVERAGE C MEDICAL PAYMENTS This insurance does not apply to: 1. Insuring Agreement a. "Personal and advertising injury': a. We will pay medical expenses as described (1) Caused by or at the direction of the insured below for"bodily injury'caused by an accident: with the knowledge that the act would vio- (1) On premises you own or rent; late the rights of another and would inflict "personal and advertising injury"; (2) On ways next to premises you own or rent; or (2) Arising out of oral or written publication of material, if done by or at the direction of the (3) Because of your operations; insured with knowledge of its falsity; provided that: (3) Arising out of oral or written publication of (1) The accident takes place in the "coverage material whose first publication took place territory'and during the policy period; before the beginning of the policy period; (2) The expenses are incurred and reported to (4) Arising out of a criminal act committed by or us within one year of the date of the acci- at the direction of any insured; dent; and (5) For which the insured has assumed liability (3) The injured person submits to examination, in a contract or agreement. This exclusion at our expense, by physicians of our choice does not apply to liability for damages that as often as we reasonably require. the insured would have in the absence of the contract or agreement; CG 00 01 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 5 of 13 ❑