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d. Liability based on: (1) Medical malpractice of any physician or surgeon; (2) Dishonest, fraudulent, criminal or malicious acts or omissions committed by any insured; (3) The Employee Retirement Income Security Act of 1974 or any amendment thereof, or (4) Circumstances of which you were aware, or should have been aware, at the Inception of this insurance. 3. The Supplementary Payments provisions are extended to Coverage D. B. Limit Of Insurance For this additional coverage, Section IN - Limits Of Insurance is amended as follows: 1. Paragraph 2. is replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical Expenses under Coverage C; b. Damages under Coverage A., except damages because of "bodily Injury" or "property damage" Included in the "products - completed operations hazard"; c. Damages under Coverage B; and d. Damages under Coverage D. 2. Subject to the General Aggregate Limit described in paragraph B.I. above, the Each Employee Limit is the most we will pay under Coverage D. for all "damages" sustained by any one "employee", including "damages" sustained by such "employee's" dependents and beneficiaries, because of any one C. Deductible 1. Our obligation under Coverage D. to pay "damages" on behalf of the Insured applies only to the amount of "damages" in excess of any Each Employee Deductible amount shown in the Declarations. 2. The deductible amount applies to all "damages" sustained by any one "employee", including such "employee's" dependents and beneficiaries, because of any one occurrence. 3. The terms of this insurance, Including those with respect to: a. Our right and duty to defend the Insured against "suits" seeking those "damages ; and Page 2 of 9 b. Your duties in the event of an occurrence, claim or "suit" apply regardless of the application of the deductible amount. 4. We may pay any part of all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you should promptly reimburse us for each part of the deductible amount as has been paid by us. D. Coverage D Definitions 1. For Coverage D, only, the following definitions replace the corresponding definitions found in the Commercial General Liability Coverage Part: a. "Employee" means a person actively employed or formerly employed by or on leave of absence, disabled or refired from the named insured. Employee does not include a "leased worker" or a "temporary worker". b. "Occurrence" means an error or omission In the "administration" of "employee benefits". c. "Suit" means a civil proceeding in which "damages" because of an "occurrence" to which Coverage D. applies are alleged. "Suit" Includes: (1) An arbitration proceeding In which such "darnages" are claimed and to which the insured must submit or does submit with our consent; or (2) Any other alternative dispute resolution proceeding in which dame as are claimed and to which the insured submits with our consent. 2. The following definitions are added for Coverage D only: a. "Administration" means: (1) Providing Information to employees, including their dependents and beneficiaries, with respect to eligibility for or scope of "employee benefits'; (2) Interpreting "employee benefits'; (3) HandllnR of records in connection with the employee benefits"; or (4) Effecting, continuing or terminating any employee's participation in any benefit Included in "employee benefits" by you or a person or organization authorized by you to perform such acts. However, "administration" does not Include handling payroll deductions. wBkRtun�ewl REMEWED & APPROVEDBY. & , MAUd Risk Manayen nt Analpt 50242193 4 20(21 OL/➢O/I B/WC/POLL I 'Pins Kennedy 110/21/2020 4:36:58 PM (PDT) I Page 6 of 19 This car afasate cancels and supersedes ALL previously issued certificates.