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EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM <br />THE <br />HARTFORD <br />1. compensatory damages, including front pay and back pay; <br />2. settlement amounts; <br />3. pre- and post -judgment interest; <br />4. costs awarded pursuant to judgments; <br />5. punitive and exemplary damages; <br />6. the multiple portion of any multiplied damage award; or <br />7. liquidated damages under the Age Discrimination in Employment Act and the Family and Medical Leave Act. <br />However, "damages" shall not include: <br />a. taxes, fines or penalties imposed by law; <br />b. non -monetary relief; <br />c. "Benefits"; <br />d. future compensation for any person hired, promoted, or reinstated pursuant to a judgment, settlement, <br />order or other resolution of a "claim"; <br />e. "Stock benefits"; <br />f. costs associated with providing any accommodations required by the Americans with Disabilities Act or <br />any similar law; or <br />g. any other matters uninsurable pursuant to any applicable law; provided, however, that with respect to <br />punitive and exemplary damages, or the multiple portion of any multiplied damage award, the insurability <br />of such damages shall be governed by the internal laws of any applicable jurisdiction that most favors <br />coverage of such damages. <br />G. "Debtor in possession" means a "debtor in possession" as such term is defined in Chapter 11 of the United States <br />Bankruptcy Code as well as any equivalent status under any similar law. <br />H. "Domestic partner" means any natural person qualifying as a domestic partner under the provisions of any <br />applicable federal, state or local law or any domestic partner relationship arrangement recognized outside of the <br />United States and under the Human Resource policy of the "insured entity". <br />I. "Employee" means any natural person who was, is or shall become a(n): <br />1. employee of an "insured entity" including any part time, seasonal, temporary, leased, or loaned employee; or <br />2. volunteer or intern with an "insured entity". <br />J. "Employee data privacy wrongful act" means: <br />1. the failure to prevent any unauthorized access to or use of data containing "Private Employment Information" <br />of any "Employee" or applicant for employment with the "Insured Entity" including any such failure that directly <br />results in a violation with respect to the privacy of such "Employee's" or applicant's medical information under <br />the Health Insurance Portability and Accountability Act (HIPAA) or credit information under the Fair Credit <br />Reporting Act (FCRA); or <br />2. the failure to notify any "employee" or applicant for employment with the "insured entity" of any actual or <br />potential unauthorized access to or use of "private employment information" of any "employee" or applicant <br />for employment with the "insured entity", if such notice was required by state or federal regulation or statute. <br />K. "Employment practices claim" means any: <br />1. written demand for monetary damages or other civil non -monetary relief commenced by the receipt of such <br />demand, including, without limitation, a written demand for employment reinstatement; <br />2. civil proceeding, including an arbitration or other alternative dispute resolution proceeding, commenced by the <br />service of a complaint, filing of a demand for arbitration, or similar pleading; or <br />3. formal administrative or regulatory proceeding, including, without limitation, a proceeding before the Equal <br />Employment Opportunity Commission or similar governmental agency, commenced by the filing of a notice of <br />charges, formal investigative order or similar document; <br />eGF �D <br />Form SL 55 02 10 18 ��/ 1°x REVIEWED & APPROVED BY.- <br />© 2018, The Hartford <br />(May include copyrighted material of Insurance Services Office, Inc., with its 1— WWR r skPjanagementAnalpt <br />