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DocuSign Envelope ID:656DF690-72BC-42BC-9E47-7038084D8FFA <br /> twit <br /> Healthcare Professional Liability <br /> premiums on appeal bonds and premiums on bonds to release attachments in such Suits, but not for <br /> bond amounts in excess of the applicable Limit of Liability of this policy,but the Company shall have no <br /> obligation to apply for or furnish any such bond; <br /> "Damages"means compensatory judgments,settlement or awards but does not include punitive or exemplary <br /> Damages, fines or penalties,the return of fees or other consideration paid to the Insured, or the portion of <br /> any award or judgment caused by the multiplication of actual Damages under federal or state law.However,if <br /> a Suit is brought against the Insured with respect to a Claim for alleged acts or omissions falling within the <br /> scope of coverage afforded by this insurance seeking both compensatory and punitive or exemplary Damages, <br /> then the Company will afford a defense to such action,without liability however,for payment of such punitive <br /> or exemplary damages; <br /> "Hostile Fire"means one which becomes uncontrollable or breaks out from where it was intended to be; <br /> "Incident"means any act or omission; <br /> A. In the rendering of or failure to render services by the Insured,or by any person for whom the Insured is <br /> legally responsible,in the conduct of the business or professional occupation specified in the Declarations; <br /> or <br /> B. In the performance of services by any Insured as a member of a formal accreditation,ethics,peer review, <br /> licensing boards, standards review or similar professional board or committee of a professional not-for- <br /> profit organization, in the conduct of the Insured's business or in the practice of the Insured's <br /> professional occupation. <br /> Any such act or omission together with all related acts or omissions shall be considered on"Incident"and be <br /> subject to the same Limit of Liability; <br /> "Insured" means any person or organization qualifying as an Insured in the "Persons Insured" provision. <br /> The insurance afforded applies separately to each Insured against whom Claim is made or Suit is brought, <br /> except with respect to the limits of the Company's liability; <br /> "Named Insured" means the person or organization named in Item 1. of the Declarations of this policy. <br /> "Named Insured" also shall include any organization which is acquired or formed by the Named Insured <br /> and over which the Named Insured maintains ownership or majority interest, other than a joint venture, <br /> provided this insurances does not apply to Bodily Injury,Property Damage or Personal Injury if such new <br /> organization is also an insured under any other similar liability or indemnity policy,or would be insured under <br /> any such policy,but for exhaustion of its limits of liability.Unless written notice is given to the Company,this <br /> coverage shall terminate ninety (90) days from the date any such organization is acquired or formed by the <br /> Named Insured,or the end of the Policy Period whichever is earlier,and shall only apply to Claims brought <br /> against the Insured arising out of the business,profession or occupation specified in the Declarations; <br /> "Personal Injury"means injury resulting from: <br /> A. false,detention or imprisonment,or malicious prosecution; <br /> B. 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; <br /> C. wrongful entry or eviction,or other invasion of the right of private occupancy; <br /> "Policy Period"means,whenever used in this policy,the period from the inception date of this policy to the <br /> policy expiration date as set forth in the Declarations or its earlier termination date,if any; <br /> 10 <br /> HCPL-2026(Ed. 11/09) <br />