Laserfiche WebLink
necessary litigation expenses incurred by us and <br />.necessary litigation expenses incurred by the <br />indemnitee at our request will be paid as <br />Supplementary Payments. Notwithstanding the <br />provisions of Paragraph 2.b.(2) of Section I - <br />Coverage A -Bodily Injury And Property Damage <br />Liability, such payments will not be deemed to be <br />damages for "bodily injury" and "property damage" and <br />will not reduce the limits of insurance. <br />Our obligation to defend an insured's indemnitee and <br />to pay for attorneys' fees and necessary litigation <br />expenses as Supplementary Payments ends when: <br />a. We have used up the applicable limit of insurance <br />in the payment of judgments or settlements; or <br />b. The conditions set forth above, or the terms of the <br />agreement described in Paragraph f. above, are no <br />longer met. <br />SECTION II -WHO IS AN INSURED <br />1. If you are designated in the Declarations as: <br />a. An individual, you and your spouse are insureds, <br />but only with respect to the conduct of a business <br />of which you are the sole owner. <br />b. A partnership or joint venture, you are an insured. <br />Your members, your partners, and their spouses <br />are also insureds, but only with respect to the <br />conduct of your business. <br />c. A limited liability company, you are an insured. <br />Your members are also insureds, but only with <br />respect to the conduct of your business. Your <br />managers are insureds, but only with respect to <br />their duties as your managers. <br />d. An organization other than a partnership, joint <br />venture or limited liability company, you are an <br />insured. Your "executive officers" and directors are <br />insureds, but only with respect to their duties as <br />your officers or directors. Your stockholders are <br />also insureds, but only with respect to their liability <br />as stockholders. <br />e. A trust, you are an insured. Your trustees are also <br />insureds, but only with respect to their duties as <br />trustees. <br />2. Each of the following is also an insured: <br />a. Employees and Volunteer workers <br />Your "volunteer workers" only while performing <br />duties related to the conduct of your business, or <br />your "employees", other than either your "executive <br />officers" (if you are an organization other than a <br />partnership, joint venture or limited liability <br />company) or your managers (if you are a limited <br />liability company), but only for acts within the scope <br />of their employment by you or while performing <br />duties related to the conduct of your business. <br />However, none of these "employees" or "volunteer <br />workers" are insureds for: <br />(1) "Bodily injury" or "personal and advertising <br />injury": <br />(a) To you, to your partners or members (if you <br />are a partnership or joint venture), to your <br />members (if you are a limited liability <br />company), to a co-"employee" while in the <br />course of his or her employment or <br />performing duties related to the conduct of <br />your business, or to your other "volunteer <br />workers" while performing duties related to <br />the conduct of your business; <br />(b) To the spouse, child, parent, brother or sister <br />of that co"employee" or that "volunteer <br />worker" as a consequence of Paragraph <br />(1)(a) above; <br />(c) For which there is any obligation to share <br />damages with or repay someone else who <br />must pay damages because of the injury <br />described in Paragraphs (1)(a) or (b} above; <br />or <br />(d) Arising out of his or her providing or failing to <br />provide professional health care services. <br />If you are not in the business of providing <br />professional health care services, Paragraph (d) <br />does not apply to any nurse, emergency <br />medical technician or paramedic employed by <br />you to provide such services. <br />(2) "Property damage" to property: <br />(a) Owned, occupied or used by, <br />(b) Rented to, in the care, custody or control of, <br />or over which physical control is being <br />exercised for any purpose by <br />you, any of your "employees", "volunteer <br />workers", any partner or member (if you are a <br />partnership or joint venture), or any member (if <br />you are a limited liability company). <br />b. Real Estate Manager <br />Any person (other than your "employee" or <br />"volunteer worker"), or any organization while <br />acting as your real estate manager. <br />c. Temporary Custodians of Your Property <br />Any person or organization having proper <br />temporary custody of your property if you die, but <br />only: <br />(1) With respect to liability arising out of the <br />maintenance or use of that property; and <br />(2) Until your legal representative has been <br />appointed. <br />d. Legal Representative If You Die <br />Your legal representative if you die, but only with <br />respect to duties as such. That representative will <br />HG o0 01 os o5 TROXELL CONtMt1MtCATICINS, INC Page 9 of 18 <br />