Orange County NC Website
Browse       Search
8 <br /> "incident" means any act or omission in the furnishing of services by the insured in the professional occupation shown <br /> in the declarations; • - <br /> "injury" inclbdes, buts not limited to, bodily injury, property damage, personal injury and emotional trauma or distress; <br /> "personal injury" means the following offenses: <br /> Group 1 - false arrest, detention or imprisonment, invasion of privacy or malicious prosecution; <br /> Group 2 - the publication or utterance of a libel or slander or of other defamatory or disparaging material, or a <br /> publication or utterance in violation of an individual's right of privacy; except publications or utterances in the course <br /> of or related to advertising, broadcasting or telecasting activities conducted by or on behalf of the insured; <br /> "property damage" means (1) physical injury to or destruction of tangible property which occurs during the policy <br /> period, including the loss of use thereof at any time resulting therefrom or (2) loss of use of tangible property which has <br /> not been physically injured or destroyed provided such loss of use is caused by an incident during the policy period. <br /> CONDITIONS <br /> 1. LIMITS OF LIABILITY. Regardless of the number of insureds under this policy, persons or organizations who <br /> sustain injury or claims made or suits brought: <br /> (a) Each Incident: The total liability of the company for all damages to which this insurance applies as a result <br /> of any one incident shall not exceed the amount stated in the declarations as "each incident". All claims arising <br /> from the same or related act or omission shall be considered a single incident for purposes of this section. <br /> (b) Policy Aggregate: Subject to the foregoing, the total liability of the company for all damages to which this <br /> insurance applies as a result of all incidents during the policy period shall not exceed the amount stated in the <br /> declarations as "policy aggregate". <br /> 2. INSURED'S DUTIES IN THE EVENT OF AN INCIDENT, CLAIM OR SUIT. The insured shall give written notice <br /> to the company as soon as practicable of any claim made against the insured or of any specific circumstances <br /> involving a particular person likely to result in claim. The notice shall identify the insured and contain reasonably <br /> obtainable information with respect to the time, place and circumstances of the incident, including the names and <br /> addresses of the patient or client and of available witnesses. If a claim is made or suit is brought against the <br /> insured, the insured shall immediately forward to the company every demand, notice, summons or other process <br /> received by him or his representative. <br /> 3. ASSISTANCE AND COOPERATION OF THE INSURED. The insured shall cooperate with the company and, <br /> upon the company's request, shall attend hearings and trials and shall assist in effecting settlements, securing and <br /> giving evidence, obtaining the attendance of witnesses and in the conduct of suits; and in enforcing any right of <br /> contribution or indemnity against any person or organization who may be liable to the insured; and the company <br /> shall reimburse the insured for expenses, other than loss of earnings, incurred at the company's request. The <br /> insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any <br /> expense other than for such immediate medical and surgical relief to others as shall be imperative at the time of <br /> incident. <br /> 4. ACTION AGAINST THE COMPANY. No action shall lie against the company unless, as a condition precedent <br /> thereto, the insured shall have fully complied with all of the terms of this policy, nor until the amount of the <br /> insured's obligation to pay shall have been finally determined either by judgment against the insured after actual <br /> trial or by written agreement of the insured, the claimant, and the company. <br /> 5. BANKRUPTCY OR INSOLVENCY. Bankruptcy or insolvency of the insured or of the insured's estate shall not <br /> relieve the company of any of its obligations hereunder. <br /> 6. OTHER INSURANCE. If there is other valid insurance (whether primary, excess, contingent or self-insurance) <br /> which may apply against a loss or claim covered by this policy, the insurance provided hereunder shall be deemed <br /> excess insurance over and above the applicable limit of all other insurance or self-insurance. <br /> o1/2(,o 3 of d <br />