Orange County NC Website
<br />ANI RRG E32 01 17 Page 2 of 10 <br /> <br /> <br />c. Prescribing or Dispensing of Drugs <br />Liability arising out of: <br />(1) The prescription of drugs; or <br />(2) The utilization, furnishing or dispensing of drugs or medical, dental, or nursing supplies or <br />appliances except as directed by a “Medical services provider” and in the normal practice of an <br />insured performing a “professional service.” <br /> <br />d. Dishonest, Fraudulent, Criminal or Malicious Acts <br />Liability arising out of any dishonest, fraudulent, criminal or malicious act, error or omission by an <br />insured or by any person or organization for whose act, error or omission an insured is legally <br />liable, including, but not limited to, the providing or performing of a “professional service” while <br />any such insured’s, person’s or organization’s license or certification is suspended, revoked, <br />surrendered, or otherwise not in effect. <br /> <br />e. Sexual Misconduct or Physical Abuse <br />Liability arising out of: <br />(1) Any form of sexual misconduct, including but not limited to any actual, alleged, attempted, <br />proposed or threatened sexual abuse, molestation, erotic physical contact, or sexual harassment <br />by anyone of any person; <br />(2) Any form of physical abuse, including but not limited to assault, including assault with a <br />deadly weapon or with force likely to produce bodily harm, battery or unreasonable physical <br />restraint or constraint by anyone of any person; or <br />(3) The employment, investigation, supervision, reporting or failure to report to the proper <br />authorities, or retention of a person for whom any insured is or ever was legally responsible and <br />whose conduct would be excluded by (1) or (2) above. <br /> <br />f. Professional Services by a Medical Services Provider <br />The rendering or failure to render a “professional service,” other than counseling or nursing <br />services, by a “Medical services provider.” However, as to the Named Insured, this exclusion <br />shall not apply to “Incidental medical services.” <br /> <br />g. Claims Covered by Other Insurers <br />Any claim or “suit” for which the insured is entitled to insurance by another insurer because: <br />(1) The other insurer provided a policy or policies which expired prior to the effective date of this <br />coverage form; and <br />(2) Notice was given to the other insurer of a circumstance which might give rise to a claim or <br />“suit” under that insurer’s policy; or, <br />(3) That other insurer provided a policy or policies which provide insurance for the claim or “suit,” <br />and the policy or policies incepted during or subsequent to the expiration of this policy; <br /> <br />In which case this policy shall be excess to that policy or policies and shall have no obligation to <br />defend the insured until there is an exhaustion of or finding of inapplicability of that other <br />insurance. <br /> <br />h. Professional Certification <br />Liability arising out of an act, error or omission performed in the capacity of, or which normally <br />requires licensing or professional certification, as: <br /> (1) An attorney; <br /> (2) An accountant; <br /> (3) An insurance agent or insurance broker; <br /> (4) A financial management consultant; <br /> (5) An architect or engineer; <br /> (6) A real estate agent or broker; or <br /> (7) A computer developer, website developer or software developer. <br /> <br /> <br />DocuSign Envelope ID: 81A61471-345A-47F9-8A2D-36F7929A6637