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b. Bodily Injury, Property Damage or <br />Personal and Advertising Injury <br />"Bodily injury," "property damage," <br />"personal injury" or "advertising injury." <br />c. Dishonest, Fraudulent, Criminal or <br />Malicious Act <br />Damages arising out of any intentional, <br />dishonest, fraudulent, criminal or malicious <br />act, error or omission, committed by any <br />insured, including the willful or reckless <br />violation of any statute. <br />d. Inadequacy of Performance of <br />Investment Advice Given With Respect <br />to Participation <br />Any claim based on: <br />(1) Failure of any investment to perform; <br />(2) Errors in providing information on past <br />performance of investment vehicles; or <br />(3) Advice given to any person with respect <br />to that person's decision to participate <br />or not to participate in any plan included <br />in the "employee benefit program." <br />e. Available Benefits <br />Any "claim" for benefits to the extent that <br />such benefits are available with reasonable <br />effort of the insured from the applicable <br />funds accrued or other collectible insurance. <br />f. Insufficiency of Funds <br />Damages arising out of an insufficiency of <br />funds to meet any obligations under any <br />j. Employment -Related Practices <br />Damages arising out of any wrongful <br />termination of employment, discrimination, <br />or other employment -related practices. <br />C. SECTION C - WHO IS AN INSURED is amended <br />as follows: <br />plan included in the "employee benefit <br />D <br />program". <br />g. Failure to Perform a Contract <br />Damages arising out of the failure of <br />performance of any contract by any insurer. <br />h. Worker's Compensation and Similar <br />Laws <br />Any "claim" arising out of your failure to <br />comply with the mandatory provisions of <br />any worker's compensation, unemployment <br />compensation insurance, social security or <br />disability benefits law or similar law. <br />Taxes, Fines or Penalties <br />Taxes, fines or penalties, including those <br />imposed under the Internal Revenue Code <br />or any similar law. <br />Page 2 of 4 <br />Paragraphs 2. and 3. are deleted and replaced by <br />the following: <br />2. Each of the following is also an insured: <br />a. Each of your "employees" who is or was <br />authorized to administer your "employee <br />benefit program". <br />b. Any persons, organizations or "employees" <br />having temporary authorization to <br />administer your "employee benefit program" <br />if you die, but only until your legal <br />representative is appointed. <br />c. Your legal representative if you die, but only <br />with respect to his, her or its duties as such. <br />That representative will have all your rights <br />and duties under this Endorsement. <br />3. Any organization you newly acquire or form, <br />other than a partnership, joint venture or limited <br />liability company, and over which you maintain <br />ownership or majority interest, will qualify as a <br />Named Insured if no other similar insurance <br />applies to that organization. However: <br />a. Coverage under this provision is afforded <br />until the ninetieth (90th) day after you <br />acquire or form the organization or the end <br />of the policy period, whichever is earlier. <br />b. Coverage under this provision does not <br />apply to any "employee benefits injury" that <br />was committed before you acquired or <br />formed the organization. <br />SECTION D - LIMITS OF INSURANCE is deleted <br />and replaced with the following: <br />D. LIMITS OF INSURANCE <br />1. The Limits of Insurance shown in the <br />Declarations and the rules below fix the most <br />we will pay regardless of the number of: <br />a. Insureds; <br />b. "Claims" made or "suits" brought; <br />c. Persons or organizations making <br />"claims" or bringing "suits"; <br />d. "Employee benefits injury"; or <br />e. Benefits included in your "employee <br />benefit program". <br />2. The Employee Benefits Liability Aggregate <br />Limit is the most we will pay for all damages <br />because of " <br />negligently comr ew cF RAMwagmedD"siun <br />of your "employ =� x RE�AEWED&APPROVED BY. <br />v <br />--� Rt janagement Analpt <br />