BIBLIOLABS, LLC - Laserfiche WebLink

Home Browse Search

EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM THE HARTFORD D. Estates and Legal Representatives In the event of the death, incapacity or bankruptcy of an "insured person", any "claim" made against the estate, heirs, legal representatives or assigns of such "insured person" for a "wrongful act" of such "insured person" shall be deemed to be a "claim" made against such "insured person". No coverage shall apply to any "claim" for a "wrongful act" of such estate, heirs, legal representatives or assigns. E. Minimum Standards In the event that there is an inconsistency between: 1. the terms and conditions that are required to meet minimum standards of a state's law (pursuant to a state amendatory endorsement attached to this Coverage Part ), and 2. any other term or condition of this Coverage Part, it is understood and agreed that, where permitted by law, we shall apply those terms and conditions of 1. or 2. above that are more favorable to the "insured". F. Other Insurance 1. The coverage provided under this Coverage Part for any "employment practices claim" shall be primary. 2. Notwithstanding the above, the coverage provided under this Coverage Part for any "employment practices claim" made against a temporary, leased or loaned "employee" or an "independent contractor" shall be excess of the amount of any deductible, retention and limits of liability under any other policy or policies applicable to such "claim", whether such other policy or policies are stated to be primary, contributory, excess, contingent or otherwise, unless such other insurance is written specifically excess of this Policy by reference in such other policy or policies to this Policy's Policy number. G. Interrelationship of Claims All "claims" based upon, arising from or in any way related to the same "wrongful act" or "interrelated wrongful acts" shall be deemed to be a single "claim" for all purposes under this Coverage Part first made on the earliest date that: 1. any of such "claims" was first made, regardless of whether such date is before or during the "policy period"; 2. notice of any "wrongful act" described above was given to us under this Coverage Part pursuant to Sections IV or VIII; or 3. notice of any "wrongful act" described above was given under any prior insurance policy. H. Deductible Waiver Regarding a "claim" that is a class action civil proceeding, no Deductible shall apply to "claim expenses" incurred in connection with such "claim", and we shall reimburse the "insureds" for any covered "claim expenses" paid by the "insureds" within the Deductible otherwise applicable to such "claim", if a: 1. final adjudication with prejudice pursuant to a trial, motion to dismiss or motion for summary judgment; or 2. complete and final settlement with prejudice; establishes that none of the "insureds" in such "claim" are liable for any "loss". I. Application 1. The "insureds" represent that the Declarations and statements contained in the "application" are true, accurate and complete. This Coverage Part is issued in reliance upon the "application". 2. If the "application" contains intentional misrepresentations or misrepresentations that materially affect the acceptance of the risk by us no coverage shall be afforded under this Coverage Part for any "insureds" who knew on the Effective Date of this Coverage Part of the facts that were so misrepresented, provided that: a. knowledge possessed by any "insured person" shall not be imputed to any other "insured person"; and b. knowledge possessed by any of your chief executive officer, general counsel, chief financial officer, human resources director or any position equivalent to the foregoing of the "named insured", or anyone signing the "application", shall be imputed to all "insured entities". No other person's knowledge shall be imputed to an "insured entity". eRAMwagmedDMsiun Form SL 55 02 10 18 GF �/ �. �� RE�AexrED & APPROVED Sr: x © 2018, The Hartford 1 "" �"° (May include copyrighted material of Insurance Services Office, Inc., with its 1— -- P r skPjanagementAnalpt