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CNA CNA PARAMOUNT Employee Benefits Liability Coverage Part - Occurrence 5. any amount that is not insurable under any applicable law; or 6. plaintiffs attorney fees associated with any of the above; 7. any amounts for benefits to the extent that such benefits are available, with reasonable effort and cooperation of the Insured, from the applicable funds accrued or other collectible insurance; or 8. any amounts that exceed the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. Defense costs mean: A. reasonable and necessary fees, costs, and expenses incurred by the Insurer or consented to by the Insurer and incurred by the Named Insured in the defense or appeal of a covered suit or in the investigation of any covered claim, and includes premium for appeal bonds arising out of a covered judgment, attachment bonds or similar bonds, but only for bond amounts up to the applicable limit of insurance. B. prejudgment interest awarded against an Insured on that part of a judgment covered by this coverage part. If the Insurer makes an offer to pay the applicable limit of insurance, the Insurer will not pay any prejudgment interest based on that period of time after the offer. C. post judgment interest which accrues after entry of judgment, but before the Insurer has paid or offered to pay, or deposited in court that part of the judgment which is within the applicable limit of insurance of this coverage part. The amount of interest the Insurer pays will be in direct proportion to the amount of damages the Insurer pays in relation to the total amount of the judgment. D. all reasonable expenses incurred by a natural person Insured at the Insurer's request to assist the Insurer in the investigation or defense of the claim. This includes such Insured's actual loss of earnings up to $1000.00 per day, because of time off from work; E. all court costs taxed against the Insured in the suit. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the Insured. Payment of defense costs will not reduce the limit of insurance. Employee means a person actively employed, formerly employed, on leave of absence or disabled, or retired. Employee includes a leased worker. Employee does not include a temporary worker. Employee benefit program means a program providing some or all of the following benefits to the employees whether provided through a cafeteria plan or otherwise: A. group life insurance, group accident or health insurance, dental, vision and hearing plans, and flexible spending accounts, provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan's eligibility requirements; B. profit sharing plans, employee savings plans, employee stock ownership plans, pension plans and stock subscription plans, provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits; C. unemployment insurance, social security benefits, workers' compensation and disability benefits; or D. vacation plans, including buy and sell programs; leave of absence programs, including military, maternity, family, and civil leave; tuition assistance plans; transportation and health club subsidies. Executive Officer means any natural person holding any of the following positions created by the Named Insured's charter, constitution, bylaws or any other similar governing document: A. director, officer, trustee or governor of a corporation; B. management committee member of a joint venture; C. partner of a partnership; CNA74721XX 01-15 Copyright CNA All Rights Reserved. �ortaN RiskMmRgemerttDivisfan REVIEWED & APPROVED BY.- c 4' Risk Management Analyst