|
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 11 — 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 />HG 00 0106 05
<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 Iegal 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 />36049819 p 15 17 GL,AU,U1.b,WC, 5MEO/Cyber,hackiag y Partra W 1 6/712017 10:57:20 AM (Pffr)I Page 10 of 19
<br />Page 9 of 18
<br />
|