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G-00000-A <br />(Ed. ) <br />8. IN REM ACTIONS <br />A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for <br />the Named Insured , will be treated in the same manner as though the action were in personam against the <br />Named Insured. <br />9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE <br />Solely with respect to bodily injury that arises out of a health care incident: <br />A.Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the Insuring <br />Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: <br />b.This insurance applies to bodily injury provided that the professional health care services are incidental <br />to the NamedInsured’s primary business purpose, and only if: <br />(1)such bodily injury is caused by an occurrence that takes place in the coverage territory. <br />(2)the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence <br />will be deemed to have occurred at the time of the first act, error, or omission that is part of the <br />occurrence; and <br />B.Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the paragraph entitled <br />Exclusions is amended to: <br />i.add the following to the Employers Liability exclusion: <br />This exclusion applies only if the bodily injury arising from a health care incident is covered by other <br />liability insurance available to the Insured (or which would have been available but for exhaustion of its <br />limits). <br />ii.delete the exclusion entitled Contractual Liability and replace it with the following: <br />This insurance does not apply to: <br />Contractual Liability <br />the Insured’s actual or alleged liability under any oral or written contract or agreement, including but not <br />limited to express warranties or guarantees. <br />iii.add the following additional exclusions. <br />This insurance does not apply to: <br />Discrimination <br />any actual or alleged discrimination, humiliation or harassment, that includes but shall not be limited to <br />claims based on an individual’s race, creed, color, age, gender, national origin, religion, disability, <br />marital status or sexual orientation. <br />Dishonesty or Crime <br />Any actual or alleged dishonest, criminal or malicious act, error or omission. <br />Medicare/Medicaid Fraud <br />any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, <br />state or local governmental program. <br />Services Excluded by Endorsement <br />Any health care incident for which coverage is excluded by endorsement. <br />C. DEFINITIONS is amended to: <br />i.add the following definitions: <br />Health care incident means an act, error or omission by the Named Insured’s employees or <br />volunteer workers in the rendering of: <br />G-00000-A Page 7 of 13 <br />(Ed. ) <br />Attachment Code: D524693 Certificate ID: 18166892 <br />Policy Number: TCP 7024348-11 <br />38