2016-676-E DSS - Batch, Poore and Williams for legal services for conflict cases in child welfare

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onnunign Envelope ID:o2xeooCn-7uaF-4o7A+\sea-Cnn7sonn1eeE CNA CONTINENTAL CASUALTY COMPANY 333 S. WABASH AVENUE CHICAGO,IL 60604 LAWYERS PROFESSIONAL LIABILITY POLICY THIS IS A CLAIMS MADE AND REPORTED POLICY. IT APPLIES ONLY TO THOSE CLAIMS THAT ARE BOTH FIRST MADE AGAINST AN INSURED AND REPORTED IN WRITING TO THE COMPANY DURING THE POLICY PERIOD. PLEASE REVIEW THIS POLICY CAREFULLY AND DISCUSS THIS COVERAGE WITH YOUR INSURANCE AGENT OR BROKER. INSURING AGREEMENT A. Coverage The Company agrees to pay on behalf of the Insured all sums in excess of the deductible that the Insured shall become legally obligated to pay as damages and claim expenses because of a claim that is both first made against the Insured and reported in writing to the Company during the policy period by reason of an act or omission in the performance of legal services by the Insured or by any person for whom the Insured is legally liable, provided that: 1 no Insured gave notice to a prior insurer of such claim or a related claim; 2. no insured gave notice to a prior insurer of any such act or omission or related act or omission 3. prior to the date an Insured first becomes an Insured under this Policy or became an Insured under the first policy issued by the Company (or its subsidiary or affiliated insurers) to the Named Insured or any predecessor finn, whichever is eadier, of which this Policy is a renewal or replacement, no such Insured had a basis to believe that any such act or omission, or related act or omission, might reasonably be expected to be the basis of such claim; 4. there is no other po|icy, whether phmary, ountribuhnry, exoess, contingent or cdherwise, which provides insurance to any Insured for the claim based on or arising out of an act or omission in the performance of legal services by such Insured or by any person for whom such Insured is legally liable while "affiliated" with a firm other than the Named Insured. As used herein, "affiliated' includes acting as Of Counsel for a firm other than the Named Insured. B. Defense The Company shall have the right and duty to defend in the lnsureds name and on the Insured's behalf a claim covered by this Policy even if any of the allegations of the claim are gnound|eao, false or fraudulent. The Company shall have the right to appoint counsel and to make such investigation and defense of a claim as is deemed necessary by the Company. If a claim shall be subject to arbitration or mediation, the Company shall be entitled to exercise all of the Insured's rights in the choice of arbitrators or mediators and in the conduct of an arbitration or mediation proceeding. C. Settlement The Company shall not settle a claim without the written consent of the Named Insured. D. Exhaustion of limits The Company is not obligated to investiQate, dafend, pay or settle, or continue to inveotigate, defend, pay or settle a claim after the applicable limit of the Company's liability has been exhausted by payment of damages or claim expenses or by any combination thereof or after the Company has deposited the remaining available limits of liability into a court of competent jurisdiction. In such case, the Company shall have the right to withdraw from the further inventigstion, defense, payment or settlement of such claim by tendering control of said inveudgedion, defense or settlement of the claim to the Insured. |i LIMITS OF LIABILITY AND DEDUCTIBLE A. Limit of liability-each claim Subject to paragraph B. below, the limit of liability of the Company for damages and claim expenses for each claim first made against the Insured and reported to the Company during the policy period shall not exceed the amount stated in the Declarations for each claim. G118O11A (06-2015) Page 1 ©CNA All Rights Reserved.