Laserfiche WebLink
MISCELLANEOUS PROFESSIONAL LIABILITY POLICY <br /> <br />MPL 00 00 12 23 Page 11 of 14 <br /> <br />officers, directors or employees in the per- <br />formance of Insured Services by the <br />Named Insured. <br />In the event of death, incompetency, insolvency <br />or bankruptcy of any Insured, the Insured’s le- <br />gal representative shall be considered an “Indi- <br />vidual Insured”, but only with respect to its ac- <br />tivities within the scope of its duties in such <br />capacity in the performance of Insured Ser- <br />vices by a Named Insured. <br />M. "Insured" means, individually and collectively: <br />1. A Named Insured; and <br />2. The Individual Insureds. <br />N. "Insured Services" means those services per- <br />formed for others as stated in Item 4. on the <br />Declarations Page, or as otherwise stated by <br />endorsement to this policy. <br />O. "Named Insured" means the person or entity <br />listed in Item 1. of the Declarations Page and its <br />Subsidiaries. <br />P. "Policy Period" means the period of time stated <br />in Item 2. on the Declarations Page, or any <br />shorter period resulting from policy cancellation. <br />Q. "Pollutant" means any solid, liquid, gaseous or <br />thermal irritant or contaminant, including but not <br />limited to: <br />1. Smoke, vapor, soot, fumes, acids, alkalis, <br />chemicals, lead, silica, mold or asbestos; <br />2. Hazardous, toxic or radioactive matter or <br />nuclear radiation; <br />3. Waste, which includes material to be recy- <br />cled, reconditioned or reclaimed; or <br />4. Any other pollutant as defined by applicable <br />federal, state or local statutes, regulations, <br />rulings or ordinances. <br />R. "Property Damage” means: <br />1. Physical injury to tangible property, including <br />all resulting loss of use of that property; or <br />2. Loss of use of tangible property that is not <br />physically injured. <br />S. "Retention" means the amount stated in Item 6. <br />on the Declarations Page and described in Sec- <br />tion II.B. of this policy. <br />T. "Retroactive Date" means the date, if any, <br />stated in Item 3. on the Declarations Page. <br />U. “Subsidiary(ies)” means any entity in which, <br />and so long as, a Named Insured, either direct- <br />ly or indirectly: <br />1. Owns more than fifty (50) percent of the is- <br />sued and outstanding voting equity securi- <br />ties; or <br />2. Controls voting rights representing the pre- <br />sent right to vote for election or to appoint <br />more than fifty (50) percent of the directors <br />or trustees; <br />on or before the effective date of this policy, or <br />after the effective date of this policy; provided <br />that, with any respect to any entity that becomes <br />a Subsidiary after the effective date of the poli- <br />cy, and the entity’s gross revenues exceed ten <br />percent (10%) of the Insured’s annual gross <br />revenues at the Inception Date of the policy, the <br />entity shall only be deemed a Subsidiary under <br />this policy for a period of ninety (90) days from <br />the date it became a Subsidiary. <br />If the Insured gives written notice within ninety <br />(90) days of the creation or acquisition of the <br />Subsidiary, including the necessary underwrit- <br />ing information the Company may require and <br />pay any reasonable additional premium as the <br />Company may require, then the Company will <br />issue an endorsement including such entity in <br />the definition of Subsidiary for the duration of <br />the Policy Period. <br />In all events there is no coverage for Wrongful <br />Acts, Damages or Claim Expense relating to <br />any activities of a Subsidiary, or Insured there- <br />of, occurring prior to the time such entity be- <br />came a Subsidiary. <br />V. "Wrongful Act" means conduct or alleged con- <br />duct by an Insured, or any person or organiza- <br />tion for whom an Insured is legally liable, as de- <br />scribed in Insuring Agreement Section I.A. of <br />this policy or as amended by applicable en- <br />dorsement(s) attached hereto. <br />All Wrongful Acts that: <br />EXHIBIT B <br />Docusign Envelope ID: 719DA141-AC44-83B6-8162-C79EED148CD3