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Healthcare Professional Liability <br />C. when the portion of the work of which the Bodily Injury or Property Damage arises has been put to its <br />intended use by any person or organization other than another contractor or subcontractor engaged in <br />performing operations for a principal as part of the same project. <br />Operations which may require further service, maintenance work, correction, repair or replacement because of any <br />defect or deficiency, but which are otherwise complete, shall be deemed completed. <br />The Completed Operations Hazard does not include Bodily Injury or Property Damage arising out of: <br />A, operations in connection with the transportation of property, unless the Bodily Injury or Property Damage <br />arises out of a condition in or on a vehicle created by the loading or unloading thereof, or <br />B. the existence of tools, installed equipment or abandoned or caused material, or <br />C. operations for which the classification stated in the policy or in the Company's manual specifies "including <br />completed operations'; <br />"Damages" means compensatory judgments, settlements or awards but does not include punitive or exemplary <br />Damages, fines or penalties, the return of fees or other consideration paid to the Insured, or the portion of any <br />award or judgment caused by the multiplication of actual Damages under federal or state law. However, if a Suit is <br />brought against the Insured with respect to a claim for alleged acts or omissions falling within the scope of <br />coverage afforded by this insurance seeking both compensatory and punitive or exemplary Damages, then the <br />Company will afford a defense to such action, without liability however, for payment of such punitive or exemplary <br />Damages; <br />"Explosion Hazard" includes Property Damage arising out of blasting or explosion. The Explosion Hazard <br />does not include Property Damage: <br />A. arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power <br />transmitting equipment, or <br />B. arising out of operations performed for the Named Insured by independent contractors; or <br />C. included within the Completed Operations Hazard or the Underground Property Damage Hazard; or <br />D. for which liability is assumed by the Insured under an Incidental Contract; <br />"Hostile Fire" means one which becomes uncontrollable or breaks out from where it was intended to be; <br />"Incident" means any act or omission: <br />A. in the rendering of or failure to render services by the Insured, or by any person for whom the Insured is <br />legally responsible; including but not limited to services as a Good Samaritan or case management or utilization <br />review services; or <br />B. in the performance of services by the Insured as a member of a formal accreditation, ethics, peer review, <br />licensing board, standards review or similar professional boardor committee of a professional organization; in <br />the conduct of the business or professional occupation specified in the Declarations. <br />Any such act or omission together with all related acts or omissions shall be considered one Incident and be <br />subject to the same Limit of Liability; <br />"Incidental Contract" means any oral or written contract or agreement relating to the operation of the Named <br />Insured's business, except as respects Fire Legal Liability; <br />"Insured" means any person or organization qualifying as an Insured in Section II, PERSONS INSURED. The <br />insurance afforded applies separately to each Insured against whom claim is made or Suit is brought, except with <br />respect to the Company's "Each Incident" or "Each Occurrence" Limit of Liability, but this provision does not <br />expand or alter the coverage under this policy; <br />14 <br />HCPL-2037 (Ed. 11/09) <br />