FRIENDS OF THE SANTA ANA ZOO - Laserfiche WebLink

Home Browse Search

errors or omissions, including damages claimed by such "employee's" depen- dents and beneficiaries, will be deemed to have been made at the time the first of those "claims" is made against any insured. 2. Exclusions This insurance does not apply to: a. Dishonest, Fraudulent, Criminal Or Ma- licious Act Damages arising out of any intentional, dishonest, fraudulent, criminal or mali- cious act, error or omission, committed by any insured, including the willful or reckless violation of any statute. b. Bodily Injury, Property Damage, Or Per- sonal And Advertising Injury "Bodily injury", "property damage" or "personal and advertising injury". c. Failure To Perform A Contract Damages arising out of failure of per- formance of contract by any insurer. d. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the "employee benefit program". e. Inadequacy Of Performance Of Invest- ment/Advice Given With Respect To Participation Any "claim" based upon: (1) Failure of any investment to per- form; (2) Errors in providing information on past performance of investment ve- hicles; or (3) Advice given to any person with re- spect to that person's decision to participate or not to participate in any plan included in the "employee benefit program". f. Workers' Compensation And Similar Laws Any "claim" arising out of your failure to comply with the mandatory provi- sions of any workers' compensation, unemployment compensation insur- ance, social security or disability bene- fits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduci- ary by the Employee Retirement Income Security Act of 1974, as now or here- after amended, or by any similar feder- al, state or local laws. h. Available Benefits Any "claim" 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. i. Taxes, Fines Or Penalties Taxes, fines or penalties, including those imposed under the Internal Rev- enue Code or any similar state or local law. Employment -Related Practices Damages arising out of wrongful ter- mination of employment, discrimina- tion, or other employment -related prac- tices. B. For the purposes of the coverage provided by this endorsement: 1. All references to Supplementary Payments - Coverages A and B are replaced by Sup- plementary Payments - Coverages A, B and Employee Benefits Liability. 2. Paragraphs 1.b. and 2. of the Supplemen- tary Payments provision do not apply. C. For the purposes of the coverage provided by this endorsement, Paragraphs 2. and 3. of Sec- tion II - Who Is An Insured are replaced by the following: 2. Each of the following is also an insured: a. Each of your "employees" who is or was authorized to administer your "em- ployee benefit program". b. Any persons, organizations or "employ- ees" having proper temporary authori- zation to administer your "employee benefit program" if you die, but only until your legal representative is ap- pointed. c. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Endorse- ment. 3. Any organization you newly acquire or form, other than a partnership, joint ven- ture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if no other similar insurance applies to that organization. However: Page 2 of 6 Copyright, ISO Properties, Inc., 2006 �oRaN } z a RiskMmVmentDMsian REVIEWED & APPROVED BY.- F R. vj&wd Risk Management Analyst