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B. Bodily Injury means injury to the body, sickness,or disease, and death. Bodily Injury also means
<br /> mental injury, mental anguish, mental tension, emotional distress, pain and suffering, or shock,
<br /> whether or not resulting from injury to the body, sickness, disease or death of any person.
<br /> C. Claim means:
<br /> 1. a written demand against any Insured for monetary or non-monetary damages;
<br /> 2. a civil proceeding against any Insured for monetary damages, non-monetary damages or
<br /> injunctive relief, commenced by the service of a complaint or similar pleading;
<br /> 3. an arbitration proceeding against any Insured for monetary damages, non-monetary damages
<br /> or injunctive relief;
<br /> 4. a civil, administrative or regulatory investigation against any Insured commenced by the filing
<br /> of a notice of charges, investigative order or similar document;
<br /> 5. a Disciplinary Proceeding;
<br /> including any appeal therefrom.
<br /> D. Claims Expenses means:
<br /> 1. reasonable and necessary attorneys' fees, expert witness fees and other fees and costs
<br /> incurred by the Company, or by the Insured with the Company's prior written consent, in the
<br /> investigation and defense of covered Claims; and
<br /> 2. premiums for any appeal bond, attachment bond or similar bond, provided the Company shall
<br /> have no obligation to apply for or furnish such bond.
<br /> Claims Expenses shall not include wages, salaries, fees or costs of directors, officers or
<br /> employees of the Company or the Insured.
<br /> E. Company means the insurance company providing this insurance.
<br /> F. Damages means any compensatory amount which the Insured becomes legally obligated to pay
<br /> on account of a covered Claim, including judgments, any award of prejudgment and post-judgment
<br /> interest on that part of any judgment paid under this Policy, awards and settlements. Damages
<br /> shall not include:
<br /> 1. any amount for which the Insured is not financially liable or legally obligated to pay;
<br /> 2. taxes,fines or penalties;
<br /> 3. matters uninsurable under the law pursuant to which this Policy is construed;
<br /> 4. disgorgement of profits by an Insured; cost of an Insured's correction; fees, commissions,
<br /> expense or costs paid to or charged by an Insured;
<br /> 5. the cost to comply with any injunctive or other non-monetary or declaratory relief, including
<br /> specific performance, or any agreement to provide such relief; or
<br /> 6. any amount relating to a Disciplinary Proceeding, other than Claims Expenses.
<br /> Damages includes punitive and exemplary damages and the multiplied portion of any multiple
<br /> damage award, to the extent such damages are insurable under the internal laws of any
<br /> jurisdiction which has a substantial relationship to the Insured, the Company, this Policy or such
<br /> Claim.
<br /> G. Disciplinary Proceeding means any proceeding by a regulatory or disciplinary official, board or
<br /> agency to investigate charges of professional misconduct by an Insured in the performance of
<br /> Professional Services.
<br /> H. Extended Reporting Period means the period for the extension of coverage, if elected, described
<br /> in Section IV, Extended Reporting Period.
<br /> I. Insured means:
<br /> 1. the Named Insured;
<br /> 2. any Subsidiary, but only with respect to Wrongful Acts which occur while it is a Subsidiary;
<br /> 3. any past or present principal, partner, officer, director, trustee or employee of the Named
<br /> Insured or Subsidiary thereof (and if the Named Insured is a partnership, limited liability
<br /> partnership or limited liability company, then any general or managing partner or principal
<br /> thereof), but only with respect to Professional Services performed on behalf of the Named
<br /> Insured or any Subsidiary;
<br /> PF-18874(02/06) Page 2 of 10
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