FAUSTMAN, CARLTON, DISANTE & FREUDENBERG

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When the Insured renders services as an administrator, conservator, receiver, executor, guardian, trustee, or in any similar fiduciary capacity, the Insured's acts or omissions in such capacity shall be deemed to be the performance of Professional Services for others in the Insured's capacity as a lawyer, provided that this coverage shall not apply to any Claim against any Insured as the beneficiary or distributee of any trust or estate. 2. DEFENSE, INVESTIGATION AND SETTLEMENT OF CLAIMS: With respect to such insurance as is afforded by this policy, the Company shall: have the right and duty to investigate, defend, pay Claim Expense and conduct settlement negotiations, including selection of defense counsel, in the Insured's name and behalf, in any Claim or suit even if such Claim or suit is groundless, false or fraudulent. not settle any Claim without the consent of the Named Insured which shall not be unreasonably withheld. Should the Named Insured refuse to consent to any settlement recommended by the Company, which is acceptable to the Claimant, and elect to contest the Claim, or continue any legal proceedings in connection with such Claim, the Company's liability for the Claim shall not exceed the amount in excess of the Insured's deductible for which the Claim could have been settled,, or the applicable Limits of Liability, whichever is less. iii. reimburse each Insured up to $500 for each day for his or her attendance at the Company's request at finial, court-Irnposed hearing or arbitration proceeding involving a Claim, but the total amount so payable shall not exceed $5,000 per Claim. The deductible shall not apply to this coverage; however, any payments made by the Company shall be included within the applicable Limits of Liability and not in addition thereto. b. Damages and Claim. Expenses payable by the Company will apply as follows: the Claim Expenses limit shown in the Declarations is in addition to the Damages and Claim Expenses Limit of Liability shown in the Declarations. Payment of Claim Expenses shall first be deducted from this Limit of Liability before the Company's payment for Claim Expenses is deducted from the Damages and Claim Expenses Limit of Liability. ii. except as provided by the Claim Expenses limit in, b.i above, Damages and Claim Expense are included in the -Limit of Liability shown in the Declarations. The Company's duty to provide and pay for defense of a single Claim shall cease when the "each claim" Limit of Liability shown in the Declarations is exhausted by either of the following: (1) the Company's payment of a judgment or settlement of that Claim; or (2) the Company's payment for defense expenses. The Company's duty to provide or pay for any defense shall cease entirely when the "annual aggregate" Limits of Liability shown in the declarations is exhausted by either of -the following: (1) the Company's payment of judgments or settlements; or (2) the .Company's payment for defense expenses. The Limit of Liability, as.stated in the Declarations, may be exhausted by a judgment or settlement of a Claim or Claims. In such event, the Company shall not be a liable for any judgment or settlement which exceeds the Limit of Liability set forth in the declarations. The Insured shall not admit liability for, or make voluntary settlement, or incur any costs or expenses in connection with any Claim involving payment by the Company, except with the written consent of the Company. The Company shall not be obligated to pay any Claim orjudgment or Claim Expense or to defend any suit after the applicable limit of the Company's Liability is exhausted, S1599-EO (12/98) Page 2 of 9