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Healthcare Professional Liability
<br />Insured refuses to consent to any settlement recommended in writing by the Company and elects to contest the
<br />claim or continue any legal proceedings in connection with such claim, then the Company shall be relieved of any
<br />further duty to defend the claim, and the liability of the Company for Damages and Claims Expenses shall not
<br />exceed the amount for which the claim could have been settled as well as the Claims Expenses incurred by the
<br />Company or with the Company's consent up to the date of such refusal. The Insured shall not admit liability, not
<br />assume any obligations, incur any costs, charges, or expenses or enter into any settlement without the Company's
<br />written consent.
<br />II. PERSONS INSURED
<br />Each of the following is an Ynsured under this policy to the extent set forth below:
<br />A. If the Named Insured is an individual, the Named Insured so designated in the Declarations;
<br />B. If the Named Insured is a sole proprietorship, the Named Insured so designated in the Declarations;
<br />C. If the Named Insured is a partnership, the partnership so designated in the Declarations and any partner
<br />thereof;
<br />D. If the Named Insured is other than an individual, sole proprietorship or partnership, the organization so
<br />designated in the Declarations, and any owner, officer, director, principal, trustee or stockholder thereof;
<br />E. Any employee of the Named Insured, but only while such employee was acting on behalf of the Named
<br />Insured and within the scope of the employee's duties as such or for acts performed by such employee as a
<br />Good Samaritan or unpaid volunteer during the employee's term of employment with the Named Insured;
<br />F. Any volunteer, but solely while such person was acting within the scope of the volunteer's duties for, and on
<br />behalf of, the Named Insured;
<br />G. Any professional serving as a temporary replacement or substitute for an Insured, but solely while such person
<br />was acting within their duties for, and on behalf of, the Named Insured. During the term of such
<br />replacement, the person who is replaced by, or substituted for, shall not be an Insured under this policy, as
<br />respects COVERAGES A. and B.
<br />III. LlliffTS OF LIABILITY
<br />Regardless of the number of Coverage Parts that apply, the number of Insureds under this insurance, the number
<br />of persons and/or organizations who sustain Bodily Injury, Property Damage, Personal Injury and/or
<br />Advertising Injury, or the number of claims made or Suits brought, the Company's liability is limited as follows:
<br />A. The Limit of Liability stated in the Declarations as applicable to "each Incident" or "each Occurrence" is the
<br />total limit of the Company's liability for all Damages for "each Incident" and/or "each Occurrence" covered
<br />by the policy. All claims arising from the same or related Incident, Occurrence and/or Personal Injury shall
<br />be considered a single claim for the purpose of this insurance and shall be subject to the same Lunit of
<br />Liability.
<br />B. The Limit of Liability stated in the Declarations as "Aggregate" is, subject to the above provisions involving
<br />"each Incident" and/or "each Occurrence," the total limit of the Company's liability under this policy for all
<br />Damages. However, the Limit of Liability stated in the Declarations as "Aggregate" shall apply separately to
<br />any individual defined as an Insured under Section II, PERSONS INSURED, Subsections A, B, C or E, or
<br />any organization defined as an Insured under Subsection D.
<br />IV, POLICYTERRITORY
<br />This insurance applies to Bodily Injury, Property Damage, Personal Injury, or Advertising Injury which occurs
<br />anywhere in the world, provided that claim is made or Suit is brought within the United States of America, its
<br />territories or possessions, or Canada.
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<br />HCPI-2037 (Ed. 11/09)
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