2018-493-E Health - El Futuro mental health services

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DocuSign Envelope ID: C3C9F04F- 5F60- 45DB- 9D9D- ABDCD1AD4F94 B. A CLAIM or CLAIMS by one or more claimants against one or more insureds arising out of the same actual or alleged WRONGFUL ACT, or re- lated, continuing or repeated WRONGFUL ACTS, including, but not limited to, acts of SEXUAL MISCONDUCT, shall be deemed to be a single CLAIM and shall be deemed to have been made when the first of such CLAIMS is made. Any ac- tual or alleged related, continuing or repeated WRONGFUL ACTS, including, but not limited to, SEXUAL MISCONDUCT, shall be deemed to have been committed when the first of any such actual or alleged WRONGFUL ACTS was committed. 6 The following definitions are added to SECTION Vll- -- DEFINITIONS: SEXUAL MISCONDUCT means any action or behav- ior, or any physical contact or touching, which is in- tended to lead to, or which culminates in any sexual act, by or against any client, patient, or any other per- son whose care, custody, treatment or supervision has been entrusted to the Named Insured, whether committed by, caused by or contributed to by any in- sured or which is caused by or contributed to by the failure of any insured to_ 1. properly train, hire, supervise, discipline or termi- nate any employee; 2. properly control, monitor or supervise the treat- ment or actions of any client patient or other per- son whose care or custody has been entrusted to the Named Insured; 3. properly place with, or remove from, the care, custody, treatment or supervision of a third party of any client, patient or other person; or 4. properly or fully inform any person or entity of the background, prior history or propensity of any in- dividual whose care, custody, treatment or super- vision has been entrusted to the Named Insured or to a third party at the request or based on the advice of the Named Insured. CLAIM EXPENSE means expenditures including, but not limited to: 1. All expense of lawyers we are required by law to pay to defend you; 2. Costs of investigations; 3. Experts; 4. Court costs; and 5. Other similar expenses we incur in the investiga- tion, adjustment, defense or appeal of a CLAIM or SUIT. CLAIM EXPENSE does not include: a. Salary, charges or expenses of our regular employees; and b. Payments made under the Supplementary Payments provision of this policy. For the purposes of this endorsement only, SECTIONS (- COVERAGE, SUPPLEMENTARY PAYMENTS is deleted in its entirety and is replaced by the following: CLS -407s (3 -10) Page 2 of 2 SUPPLEMENTARY PAYMENTS We will pay, with respect to any CLAIM or SUIT we defend: A. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. B. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the CLAIM or SUIT including actual loss of earnings up to $900 a day because of time off from work. C. All costs taxed against the insured in the SUIT. D. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer, E. All interest on the full amount of any judgment that accrues after entry of the judgment and be- fore we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.