|
-" c •: 'does not apply. 7
<br /> • (al to claims arising out of services performed by the insured as a physician, surgeon, dentist, nurse anesthetist, nurse
<br /> midwife, nurse practitioner, physician's assistant, surgeon's assistant, baby sitter, emergency medical technician or
<br /> an-- other occupation or profession not specified in the declarations; -
<br /> (b) to ' jury arising out of the performance by the insured while under the influence of intoxicants or drugs;
<br /> (c) to claims brought against the insured as a proprietor, owner, partner, manager, superintendent or officer of any
<br /> hospital, sanitarium, pharmacy, nursing home, clinic or laboratory, or to claims brought against the insured arising
<br /> out of any trade, business, employment profession or occupation other than as specified in the declarations or any
<br /> endo
<br /> o injury to any employee o the insured arising out of and in the course of his employment by the insured or to
<br /> any obligati oT the insured to indemnify another because of damages arising out o; such 'njury;
<br /> •
<br /> (e) to any obligation for which the insured or any carrier as his insurer may be held liable under any worker's
<br /> compensation, unemployment compensation or disability benefits law, or under any similar law;
<br /> (f) to claims brought against the insured arising out of service performed in administering anesthetics or radiation
<br /> therapy;
<br /> (g) to fines, penalties, punitive damages or the return of fees or other consideration paid to any insured;
<br /> (h) to that portion of any award or judgment caused by the trebling or multiplication of actual damages under federal or
<br /> state law;
<br /> (i) to any dishonest, fraudulent, criminal or malicious act or omissions of the insured;
<br /> (j) to injury based on or arising out of the practice of the insured's professional occupation as stated in the
<br /> declarations unless the insured is properly licensed or certified by the laws of the state(s) in which the insured
<br /> practices, or is otherwise qualified to practice the insured's professional occupation in the absence of such laws;
<br /> (k) to injury arising out of:
<br /> (1) sexual activity, molestation, assault or abuse by any insured or any employee of any insured, or any volunteer
<br /> or other person performing services for any insured, whether such sexual activity, molestation, assault or
<br /> abuse is committed intentionally, negligently, inadvertently, or with the belief by such insured, employee,
<br /> volunteer or other person, erroneous or otherwise, that the victim is consenting to sexual activity and has the
<br /> legal and mental capacity to consent thereto;
<br /> (2) the employment or supervision of any person who engages in such sexual activity, molestation, assault or
<br /> abuse; or
<br /> (3) the failure to protect any person from such sexual activity, molestation, assault or abuse.
<br /> However, notwithstanding the foregoing exclusiorc, the insured shall be protected under the terms of this policy as
<br /> to any claim upon which suit may.be brought against him, for any such alleged behavior by an insured unless a
<br /> judgment or final adjudication adverse to the insured shall establish that such behavior occurred as an element of
<br /> the cause of action so adjudicated. The company shall not be required to appeal a judgment or final adjudication
<br /> adverse to the insured;
<br /> (I) to acts or omissions by any insured expected or intended to cause bodily injury or property damage, regardless
<br /> of whether or not such act or omission was intended to cause the specific bodily injury or property damage
<br /> sustained.
<br /> DEFINITIONS
<br /> •
<br /> "bodily injury" means bodily injury, sickness or disease sustained by any person which occurs during the policy period,
<br /> including death at any time resulting therefrom;
<br /> "damages" means compensatory damages, awards or settlements, but does not include requests for injunctive or other
<br /> non- pecuniary relief;
<br /> "insured" means the person or entity shown on the declarations;
<br /> POP-2004(4/88) Page 2 of 4
<br />
|