COMMUNITY LEGAL AID OF SOCAL (2)

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This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess, or contingent. Q) WAIVER OF SUBROGATION The following is added to Paragraph 8. Transfer Of Rights of Recovery Against Others to Us of Section IV — Conditions: If the insured waives any right of recovery against any person or organization for all or part of any payment, including supplementary payments, we make under this Policy, we also waive that right, provided the Insured waives such right of recovery against such person or organization in a written contract or written permit executed before the 'occurrence", "bodily injury', "property damage", offense, or "personal and advertising injury" that took place. R) WAIVER OF IMMUNITY We will waive, both in the adjustment of claims and in defense of "suits' against the insured, any charitable or governmental immunity of the insured, unless the insured requests, in writing, that we not do so. Waiver of immunity, as a defense, will not subject us to liability for any portion of a claim or judgment, in excess, of the applicable limit of insurance. S) VIOLATION OF RIGHTS OF RESIDENTS (PATIENT'S RIGHTS) 1) The following is added to SECTION I — COVERAGES, COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, paragraph 1. Insuring Agreement: "Bodily Injury" damages arising out of the violation of "Rights of Residents", shall be deemed an 'occurrence". 2) As respects the coverage provided in paragraph 1) above of this endorsement, the following exclusions are added to SECTION I — COVERAGES, COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE — 2. Exclusions: This insurance does not apply to: a) Liability arising out of the willful or intentional violation of "Rights of Residents". b) Fines or penalties assessed by a court or regulatory authority, including punitive damages. c) Liability arising out of any act or omission in the furnishing, or failure to furnish, professional services in the medical treatment of residents. 3) As respects the coverage provided in paragraph S) 1) above of this endorsement, the following definition is added to SECTION V — DEFINITIONS: 24. "Rights of Residents" means: a. Any right granted to a resident under any state law regulating your business as a health care facility. b. The "Rights of Residents" as included in the United StatpQ nAnartmPnt of Health and Welfare regulations governing participation of r M 00 GL0295 00 11 17 Includes copyrighted material of Insurance Services a A jp you Pvncou s Office, Inc, with its permission. mkm gm�xuMvwia i<• INSURED COPY