10. Professional Services, whenever used in this policy, means legal services rendered or that should have been
<br />rendered by any Insured arising out of the conduct of the Insured's profession as a lawyer, or as a lawyer acting
<br />in the capacity of an arbitrator, mediator, title insurance agent or notary public.
<br />11. Related Individual, whenever used in this policy, means the spouse, former spouse, children, grandchildren,
<br />parents and siblings of an Insured and any trust or estate of which any of them is a beneficiary. With respect to a
<br />professional corporation which is an Insured, Related Individual includes a Related Individual of each owner of
<br />such professional corporation.
<br />12. Temporary Contract Lawyer, whenever used in this policy, means any sawyer under the direct control or
<br />supervision of the Named Insured while performing Professional Services on behalf of the Named Insured who
<br />is either a temporary substitute for a permanent employee or is hired to meet temporary workload conditions.
<br />EXCLUSIONS
<br />THE COMPANY SHALL NOT BE OBLIGATED TO DEFEND OR INDEMNIFY ANY INSURED FOR, AND THIS
<br />INSURANCE DOES NOT APPLY:
<br />a. To any Claim based on, arising out of, any criminal act, omission or Personal Injury committed by an
<br />Insured or any dishonest, fraudulent or malicious act(s), omission(s), or Personal Injury(ies) committed by
<br />an Insured with actual, dishonest or fraudulent purpose or intent or with malice. As used herein, "malice"
<br />means conduct which is intended by the Insured to cause injury, or conduct which is carried on by the
<br />Insured with conscious disregard of the rights or safety of others.
<br />However, nothing contained in the foregoing shall exclude coverage to the Insured Firm or to any other
<br />Insured who has not acted with such intent nor ratified such act, omission or Personal Injury.
<br />b. To any Claim made by an Insured or a present, former or prospective employee, partner, officer, director,
<br />owner, stockholder, or Related Individual of any Insured unless such Claim arises solely out of
<br />Professional Services rendered by the Insured in a lawyer -client relationship.
<br />c. To any Claim, or any portion of a Claim for, based upon or arising from bodily injury, sickness, disease, or
<br />death of any person or injury to, conversion of, or destruction of any tangible property, or to the loss of use
<br />thereof.
<br />d. To any Claim based upon or arising out of any Insured's activities as an officer, director, manager, partner,
<br />trustee or employee of a business enterprise (other than the Named Insured), corporation, organization,
<br />association or charitable organization.
<br />e. To any Claim based upon or arising out of any Insured's service or capacity as:
<br />a public official, or an employee of a governmental body, subdivision or agency; except if the Insured
<br />is deemed -to be such solelyby reason of legal advice rendered to such governmental body for a fee
<br />payable to the Named Insured; or
<br />ii. a fiduciary under the Employee Retirement Income Security Act of 1974, and its amendments, or any
<br />regulation or order issued pursuant thereto; except if the Insured is deemed to be a fiduciary solely by
<br />reason of legal advice rendered with respect to any employee benefit plan..
<br />To any Claim based upon or arising out of the certification or acknowledgment of a signature by any
<br />Insured acting in the capacity of a notary public if such certification or acknowledgment was made without
<br />the contemporaneous physical presence of the individual whose act of signature was certified or
<br />acknowledged.
<br />g. To any Claim based upon or arising out of defects in title which any Insured had knowledge of at the date of
<br />. issuance of such title insurance.
<br />S1599-EO (12/98) Page 5 of 9
<br />
|