2018-420-E Health - Randolph Faulk dental services

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DocuSign Envelope ID: B368014E- 191B- 48DC- B144- E5DF6E9FA4E2 page 2 ,1\U9 1 4 GU I o I v,..1 I M I 11a�cuy i o.,... .�.� .. , ...- F- TDr�.�T I��-71 (A STOCK INSURANCE COMPANY HEREIN CALLED THE COMPANY) CLAIMS MADE POLICY 3U TIttt509 MROn of the payment of the premium, receipt of which is hereby acknowledged, and subject to the limits of liability and the other terms of thispolicy, the Company hereby agrees to DEFEND andPA YDAMA GES, in the name and on behalf of the Insured or his estate, A IN ANY CLAIM FOR DAMAGES, FILED DURING THE TERM OF THIS POLICY, BASED ON PROFESSIONAL SERVICES RENDERED OR WHICH SHOULD HAVE BEEN RENDERED AFTER THE RETROACTIVE DATE, BY THE INSURED OR ANY OTHER PERSON FOR WHOSE ACTS OR OMISSIONS THE INSURED IS LEGALLY RESPONSIBLE, IN THE PRACTICE OF THE INSURED'S PROFESSION AS HEREINAFTER LIMITED AND DEFINED. IF REPORTED TO THE COMPANY, THE FOLLOWING SHALL BE DEEMED TO BE A CLAIM FILED DURING THE TERM OF THIS POLICY: a) the receipt, by the Insured, of a notice of legal action for damages as described above, or b) the receipt, by the Insured, of a notification of an intention to hold the Insured responsible far damages as described above. THE RETROACTIVE DATE SHALL BEEITHER: a) the date upon which this Insured's current, continuous coverage first became effective with this Company on a claims made basis, or b) any date prior to "a" above, mutually agreed upon by the Company and the Insured and for which the proper premium has beenpaid. EXCEPT THIS POLICY DOES NOT COVER I any liability growing out of the ownership, operation or supervision by the Insured or an employee of the Insured of (a) any hospital, sanitarium, clinic with bed and board facilities or (b) any business enterprise, whether or not related to patient care and/ or treatment, 2 payment of damages (BUT WILL DEFEND) in any claim for damages if said damages are in consequence of the performance of a criminal act or willful tort or sexual act, 3 any vicarious liability of the Insured arising out of membership or participation in a partnership; 4 any liability of any corporation or association of which the Insured is an owner or shareholder or of which the Insured has any financial interest, S any liability covered under a workmen's compensation, automobile, fire or general liability policy; 6 any punitive damages or damages over and above actual compensatory damages, which may be assessed against the Insured; 7 any liability for a claim made against the Insured, based upon professional services rendered or which should have been rendered prior to the Retroactive Date shown in this policy; 8 any liability for damages if claim for such damages was first brought to the Insured's attention prior to the date the Insured's current and continuous coverageftrst became effective. B Upon receipt of notice the Company shall immediately assume its responsibility for the defense of any such claim. Such defense shall be maintained until final judgment in favor of the Insured shall have been obtained or until all remedies by appeal, writ of error or other legal proceedings deemed reasonable and appropriate by the Company shall have been exhausted at the Company's cost and without limit as to the amount expended. However, the Company shall not be obligated to defend any claim after the applicable limit of the Company's liability has been exhausted bypayment ofjudgments or settlements. C The Company shall furnish a bona not to exceed the stated amount per claim filed required to appeal a judgment hereunder, butshall not be liablefor more than a pro rata share of interest payments on appealed judgments. D The Company shall not compromise any claim hereunder without the consent of the Insured PAGE ONE