2017-296-E Aging - Lorraine Lewis for wellness instructor

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DocuSign Envelope ID:656DF690-72BC-42BC-9E47-7038084D8FFA 4E1' ,!1)4/1'1 Healthcare Professional Liability exclusion applies regardless of the legal theory or basis upon which the Insured is alleged to be legally liable or responsible,in whole or in part,for any Damages arising out of sexual and/or physical abuse,including but not limited to assertions of improper or negligent hiring,employment or supervision, failure to protect or warn the other party,failure to prevent the sexual abuse and/or physical abuse,failure to prevent assault and battery or failure to discharge the employee. However,notwithstanding the foregoing exclusion,the Insured shall be entitled to a defense as provided under the terms of the policy as to any Claim upon which Suit is brought for any such alleged behavior, unless a judgment or final adjudication adverse to any Insured or on admission by any Insured shall establish that such behavior caused,in whole or part,the injury claimed in such Suit. The Company shall not be required to appeal a judgment or final adjudication adverse to the Insured; N. to any Claim brought by or on behalf of any person employed by the Insured,any person who had been employed by the Insured or any person seeking employment by the Insured alleging any act or omission by an Insured with respect to the hiring, termination, compensation, or the tenure, term, condition, benefits or privilege of employment of any such person; O. to any Claim brought by or on behalf of any Insured under this policy against any other Insured under this policy,except if such Claim arises from services rendered in a patient or client relationship; P. as respects Personal Injury coverage,to Personal Injury arising out of: 1. the willful violation of a penal statute or ordinance committed by or with the knowledge or consent of the Insured, 2. the publication or utterance of a libel or slander, or a publication or utterance in violation of an individual's right of privacy if the first injurious publication or utterance of the same or similar material by or on behalf of the Named Insured was made prior to the effective date of this coverage, 3. libel or slander or the publication or utterance of defamatory or disparaging material concerning any person or organization or goods, products or services or in violation of an individual's right of privacy,made by or at the direction of the Insured with knowledge of the falsity thereof. IX. DEFINITIONS When used in this policy(including endorsement forming a part hereof): "Bodily Injury" means bodily injury, sickness or disease, mental anguish, psychological injury or emotional distress sustained by any person,including death at any time resulting there from; "Claim" means demand for money, or the filing of Suit naming the Insured and alleging a Bodily Injury, Property Damage or Personal Injury as a result of an Incident; "Claims Expenses"means: A. fees charged by an attorney(s) and or/ independent adjustor(s) designated by the Company and all other fees,costs and expense resulting from the investigation, adjustment,defense and appeal of a Claim, Suit or proceedings,arising in connection therewith,incurred by the Company or by the Insured with written consent of the Company but does not include salary charges or expenses of regular employees or officials of the Company: B. all costs taxed against the Insured in such Suits and all interest on the entire amount of any judgment therewith which accrues after entry of the judgment and before the Company has paid, tendered or deposited,whether in court or otherwise,the part of the judgment which does not exceed the limit of the Company's liability; 10 HCPL-2026(Ed. 11/09)