Laserfiche WebLink
COMMERCIAL GENERAL LIABILITY <br />C. INCIDENTAL MEDICAL MALPRACTICE <br />1. The following replaces Paragraph b. of the <br />definition of "occurrence" in the <br />DEFINITIONS Section: <br />b. An act or omission committed in providing <br />or failing to provide "incidental medical <br />services", first aid or "Good Samaritan <br />services" to a person, unless you are in <br />the business or occupation of providing <br />professional health care services. <br />2. The following replaces the last paragraph of <br />Paragraph 2.a.(1) of SECTION II — WHO IS <br />AN INSURED: <br />Unless you are in the business or occupation <br />of providing professional health care services, <br />Paragraphs (1)(a), (b), (c) and (d) above do <br />not apply to "bodily injury" arising out of <br />providing or failing to provide: <br />(a) "Incidental medical services" by any of <br />your "employees" who is a nurse, nurse <br />assistant, emergency medical technician <br />or paramedic; or <br />(b) First aid or "Good Samaritan services" by <br />any of your "employees" or "volunteer <br />workers", other than an employed or <br />volunteer doctor. Any such "employees" <br />or "volunteer workers" providing or failing <br />to provide first aid or "Good Samaritan <br />services" during their work hours for you <br />will be deemed to be acting within the <br />scope of their employment by you or <br />performing duties related to the conduct <br />of your business. <br />3. The following replaces the last sentence of <br />Paragraph 5. of SECTION III — LIMITS OF <br />INSURANCE: <br />For the purposes of determining the <br />applicable Each Occurrence Limit, all related <br />acts or omissions committed in providing or <br />failing to provide "incidental medical <br />services", first aid or "Good Samaritan <br />services" to any one person will be deemed to <br />be one "occurrence". <br />4. The following exclusion is added to <br />Paragraph 2., Exclusions, of SECTION I — <br />COVERAGES — COVERAGE A — BODILY <br />INJURY AND PROPERTY DAMAGE <br />LIABILITY: <br />Sale Of Pharmaceuticals <br />"Bodily injury" or "property damage" arising <br />out of the violation of a penal statute or <br />ordinance relating to the sale of <br />pharmaceuticals committed by, or with the <br />knowledge or consent of, the insured. <br />5. The following is added to the DEFINITIONS <br />Section: <br />"Incidental medical services" means: <br />a. Medical, surgical, dental, laboratory, x-ray <br />or nursing service or treatment, advice or <br />instruction, or the related furnishing of <br />food or beverages; or <br />b. The furnishing or dispensing of drugs or <br />medical, dental, or surgical supplies or <br />appliances. <br />6. The following is added to Paragraph 4.b., <br />Excess Insurance, of SECTION IV — <br />COMMERCIAL GENERAL LIABILITY <br />CONDITIONS: <br />This insurance is excess over any valid and <br />collectible other insurance, whether primary, <br />excess, contingent or on any other basis, that <br />is available to any of your "employees" for <br />"bodily injury" that arises out of providing or <br />failing to provide "incidental medical services" <br />to any person to the extent not subject to <br />Paragraph 2.a.(1) of Section II — Who Is An <br />Insured. <br />D. BLANKET WAIVER OF SUBROGATION <br />The following is added to Paragraph 8., Transfer <br />Of Rights Of Recovery Against Others To Us, <br />of SECTION IV — COMMERCIAL GENERAL <br />LIABILITY CONDITIONS: <br />If the insured has agreed in a contract or <br />agreement to waive that insured's right of <br />recovery against any person or organization, we <br />waive our right of recovery against such person or <br />organization, but only for payments we make <br />because of: <br />a. "Bodily injury" or "property damage" that <br />occurs; or <br />b. "Personal and advertising injury" caused by <br />an offense that is committed; <br />subsequent to the execution of the contract or <br />agreement. <br />E. CONTRACTUAL LIABILITY— RAILROADS <br />The following replaces Paragraph c. of the <br />definition of "insured contract" in the <br />DEFINITIONS Section: <br />c. Any easement o <br />Page 2 of 3 © 2017 The Travelers Indemnity Company. All rights reserved. <br />Includes copyrighted material of Insurance Services Office, Inc., with its permiss <br />Rlak Managcmiatt Dalian <br />RE MRD&APPRD BY. <br />Risk Management Spetlalist <br />00 IN <br />