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

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DocuSign Envelope ID:656DF690-72BC-42BC-9E47-7038084D8FFA Itr Healthcare Professional Liability l - AN international Liability . LIBERTY INSURANCE UNDERWRITERS INC. (A Stock Insurance Company,hereinafter the"Company") HEALTHCARE PROFESSIONAL LIABILITY CLAIMS-MADE INSURANCE POLICY THIS IS A CLAIMS-MADE POLICY. PLEASE READ IT CAREFULLY. THE POLICY IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED AND REPORTED TO THE COMPANY DURING THE POLICY PERIOD UNLESS,AND TO THE EXTENT, THE EXTENDED REPORTING PERIOD OPTION APPLIES. The Company agrees with the Named Insured,in consideration of the payment of the premium,and in reliance upon the statements in the Declarations and in the Application, and subject to the Limit of Liability, exclusions, conditions and other terms of this policy,as follows: I. COVERAGE The Company will pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as Damages for Claims first made against the Insured and reported to the Company during the Policy Period or Extended Reporting Period, if applicable, as a result of Bodily Injury, Property Damage or Personal Injury caused by an Incident,provided always that such Incident happens: A. on or after the policy effective date shown on the Declarations;or B. on or after the effective date of the earliest Claims-Made Policy issued by the Company of which this policy is a renewal;or C. at any time prior to the policy effective date shown on the Declarations if: 1. such Incident happens on or subsequent to the"Prior Acts Date"on the Declarations;and 2. no Insured knew or could reasonably foreseen that such Incident might be expected to be the basis of a Claim or Suit on the effective date of this policy or the first Claims-Made Policy issued by the Company to which this policy is a renewal,whichever is earlier. The Company will pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as Damages to which this insurance applies and the Company shall have the right and duty to defend any Suit against the Insured seeking Damages on account of such Bodily Injury, Property Damage or Personal Injury,even if any of the allegations of the Suit are groundless,false or fraudulent,but the Company shall not be obligated to pay any Claim or Claim Expenses or judgments or continue to defend any Suit after the applicable limit of the Company's liability has been exhausted by payment of judgments or settlements. The Company,at its option,shall select and assign defense counsel;however,the Named Insured may engage additional counsel, solely at their expense, to associate in their defense of any Claim covered hereunder. Claim Expenses incurred by the Company shall be paid in addition to the applicable Limit of Liability. The Company shall also have the right to investigate any Claim and/or negotiate the settlement thereof,as it deems expedient, but the Company shall not commit the Named Insured to any settlement without their written consent. If the Named Insured refuses to consent to any settlement recommended in writing by the Company and elects to contest the Claim or continue any legal proceedings in connection with such Claim, then the Company shall be relieved of any further duty to defend the Claim,and the liability of the Company for Damages and Claim Expenses shall not exceed the amount for which the Claim could have been settled as well as the Claim Expenses incurred by the Company or with the Company's consent up to the date of refusal. The Insured shall not assume any obligations,incur any costs,charges,or expenses or enter into any settlement without the Company's written consent. 10 HCPL-2026(Ed. 11/09)