Orange County NC Website
DocuSign Envelope ID: 12DCC4E1-4D61-4DOE-A2A2-7C6E689613AC <br /> Incidental Malpractice Unintentional Failure To Disclose Hazards <br /> Subparagraph 2.a.(1)(d) under SECTION II - WHO IS The following is added to Paragraph 6. Representations <br /> AN INSURED is deleted in its entirety and replaced with under SECTION IV - COMMERCIAL GENERAL <br /> the following: LIABILITY CONDITIONS: <br /> (d) Arising out of his or her providing or failing to provide However, if you should unintentionally fail to disclose any <br /> professional health care services. This does not existing hazards in your representations to us at the <br /> apply to nurses, emergency medical technicians or inception date of the policy, or during the policy period in <br /> paramedics if you are not in the business or connection with any additional hazards, we shall not <br /> occupation of providing any such professional deny coverage under this Coverage Part based upon <br /> services. such failure to disclose hazards. <br /> This provision does not apply if you are a Social Service Waiver Of Transfer Of Rights Of Recovery <br /> or Senior Living risk. The following is added to Paragraph 8. Transfer of <br /> SECTION IV - COMMERCIAL GENERAL LIABILITY Rights Of Recovery Against Others To Us under <br /> CONDITIONS -Amendments SECTION IV - COMMERCIAL GENERAL LIABILITY <br /> Knowledge Of Occurrence, Claim, Suit Or Loss CONDITIONS: <br /> The following is added to Paragraph 2. Duties in the We will waive any right of recovery we may have against <br /> Event of Occurrence, Offense, Claim or Suit under a person or organization because of payments we make <br /> SECTION IV - COMMERCIAL GENERAL LIABILITY for"bodily injury"or"property damage"arising out of your <br /> CONDITIONS: ongoing operations or "your work" done under a written <br /> contract or written agreement and included in the <br /> The requirements under this paragraph do not apply until "products-completed operations hazard", if: <br /> after the"occurrence"or offense is known to: 1. You have agreed to waive any right of recovery <br /> 1. You, if you are an individual; against that person or organization in a written con- <br /> 2. A partner, if you are a partnership; tract or written agreement; <br /> 3. An "executive officer" or insurance manager, if you 2. Such person or organization is an additional insured <br /> are a corporation; on your policy; or <br /> 4. Your members, managers or insurance manager, if 3. You have assumed the liability of that person or <br /> you are a limited liability company; or organization in that same contract, and it is an <br /> 5. Your elected or appointed officials, officers, mem- "insured contract". <br /> bers, trustees, board members, commission mem- The section above only applies to that person or <br /> bers, agency members, or your administrator or your organization identified above, and only if the "bodily <br /> insurance manager if you are an organization other injury" or "property damage" occurs subsequent to the <br /> than a partnership, joint venture, or limited liability execution of the written contract or written agreement. <br /> company. Liberalization <br /> Primary and Non-Contributory Provision The following condition is added to SECTION IV- <br /> The following is added to Paragraph 4. Other Insur- COMMERCIAL GENERAL LIABILITY CONDITIONS: <br /> ance, b. Excess Insurance under SECTION IV- If we revise this Coverage Part to provide more coverage <br /> COMMERCIAL GENERAL LIABILITY CONDITIONS: without additional premium charge, subject to our filed <br /> This insurance shall be excess with respect to any company rules, your policy will automatically provide the <br /> person or organization included as an additional insured additional coverage as of the day the revision is effective <br /> under this policy, any other insurance that person or in your state. <br /> organization has shall be primary with respect to this Non-Accumulation Of Limits <br /> insurance, unless: <br /> (This provision is not Applicable in the state of New York <br /> (1) The additional insured is a Named Insured under or Wisconsin). <br /> such other insurance; <br /> The following condition is added to SECTION IV - <br /> (2) You have agreed in a written contract, written COMMERCIAL GENERAL LIABILITY CONDITIONS: <br /> agreement or written permit to include that additional <br /> insured on your General Liability policy on a primary If you have other insurance provided by us or one of our <br /> and/or non-contributory basis;and affiliates that will respond to a claim or "suit' also <br /> covered under this coverage, the maximum limit of <br /> (3) The written contract or written agreement has been insurance under all collectible insurance shall not <br /> executed (executed means signed by the named exceed the highest applicable limit under any one of the <br /> insured) or written permit issued prior to the "bodily other coverage part(s), form(s)or policy(ies). <br /> injury" or"property damage" or"personal and adver- <br /> tising injury". <br /> Copyright, 2015 Selective Insurance Company of America.All rights reserved. CG 73 00 01 16 <br /> Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 7 of 8 <br />