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MISCELLANEOUS PROFESSIONAL LIABILITY POLICY
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<br />MPL 00 00 12 23 Page 5 of 14
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<br />c. Handicap, disability or marital status,
<br /> but only if the harassment, misconduct or
<br />discrimination was knowingly committed, as
<br />evidenced by any judgment, final adjudica-
<br />tion, alternate dispute resolution proceeding
<br />or written admission by the Insured. Pursu-
<br />ant to SECTION II – LIMITS OF
<br />INSURANCE, RETENTION AND
<br />REIMBURSEMENT, Section C. of this poli-
<br />cy, the Company shall have a right to reim-
<br />bursement of any Damages or Claim Ex-
<br />pense paid by the Company as a result of a
<br />Claim to which this exclusion applies.
<br />6. Gain, profit or advantage to which any In-
<br />sured is not legally entitled, as evidenced by
<br />any judgment, final adjudication, alternate
<br />dispute resolution proceeding or written ad-
<br />mission by the Insured. Pursuant to
<br />SECTION II – LIMITS OF INSURANCE,
<br />RETENTION AND REIMBURSEMENT,
<br />Section C. of this policy, the Company shall
<br />have a right to reimbursement of any Dam-
<br />ages or Claim Expense paid by the Com-
<br />pany as a result of a Claim to which this ex-
<br />clusion applies.
<br />7. Violation of any provisions of the Employee
<br />Retirement Income Security Act of 1974 (the
<br />“Act”) or:
<br />a. Any amendment to the Act; or
<br />b. Any regulations, rulings or orders issued
<br />pursuant to the Act.
<br />8. Violation of the Securities Act of 1933 as
<br />amended, The Securities Exchange Act of
<br />1934 as amended, the Investment Advisers
<br />Act of 1940, any state blue sky or securities
<br />law, any similar state or federal law, or any
<br />order, ruling or regulation issued pursuant to
<br />the above laws.
<br />9. The actual or threatened discharge, disper-
<br />sal or release of any Pollutant; or the crea-
<br />tion of an injurious condition involving any
<br />Pollutant; or the existence of any Pollutant
<br />on any property; or the clean up, removal,
<br />testing, monitoring, containment, treatment,
<br />detoxification or neutralization of any Pollu-
<br />tant. This exclusion shall apply whether or
<br />not the pollution was sudden, accidental,
<br />gradual, intended, expected or preventable
<br />or whether or not any Insured caused or
<br />contributed to the pollution.
<br />10. The performance of services which can only
<br />be performed by a:
<br />a. Architect or licensed engineer;
<br />b. Attorney;
<br />c. Certified public accountant;
<br />d. Medical practitioner or other health care
<br />provider, including, but not limited to,
<br />physicians or nurses, and including any
<br />Claims arising directly or indirectly out
<br />of medical malpractice, including the
<br />giving or receiving of professionally
<br />qualified medical opinions, or the admin-
<br />istration of or failure to administer or
<br />summon medical care or first aid;
<br />e. Actuary;
<br />f. Licensed insurance agent or broker;
<br />g. Certified financial planner; or
<br />h. Securities or investment advisor or bro-
<br />ker/dealer.
<br />i. Licensed title agent or certified title ab-
<br />stractor
<br />11. Malfunction or defect of any hardware,
<br />equipment or component. This exclusion
<br />does not apply when the malfunction or de-
<br />fect is solely the result of any Insured’s
<br />Wrongful Act in performing Insured Ser-
<br />vices.
<br />12. Electrical or mechanical failure, including
<br />power interruption, surge, spike, brownout or
<br />blackout, and outages to gas, water, tele-
<br />phone, cable, satellite, telecommunications
<br />or other infrastructure; except this exclusion
<br />does not apply when the failure is solely the
<br />result of the Insured’s Wrongful Act in per-
<br />forming Insured Services.
<br />13. Gathering, acquisition or obtaining of infor-
<br />mation about Internet users in any manner,
<br />including but not limited to, placement
<br />and/or use of spyware or adware.
<br />14. Unsolicited faxes, unsolicited electronic mail,
<br />unsolicited telephone calls or other unsolic-
<br />ited electronic communications. This exclu-
<br />sion shall include alleged violations of state,
<br />EXHIBIT B
<br />Docusign Envelope ID: 719DA141-AC44-83B6-8162-C79EED148CD3
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