HERNANDEZ, FELICE S. 2-2014 - Laserfiche WebLink

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Healthcare Professional Liability A. physical injury to or destruction of tangible property which occurs during the Policy Period, including the loss of use thereof at any time resulting therefrom; or B. loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an Occurrence during the Policy Period; or —� C. economic loss, whether or not resulting from physical injury or damage to person or property, except if such loss was caused, or alleged to have been caused, in whole or part, by anti-trust, breach of contract, price-fixing, restraint of trade or unfair business practices by any Insured; "Suit" includes lawsuit and/or arbitration proceedings to which the Insured is required to submit to or to which the Insured has submitted with the Company's consent; "Underground Property Damage Hazard" includes Underground Property Damage as defined herein and Property Damage to any other property at any time resulting therefrom. "Underground Property Damage" means Property Damage to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus in connection therewith, beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, burrowing, filling, back- filling or pile driving. The Underground Property Damage Hazard does not include Property Damage: A. arising out of operations performed for the Named Insured by independent contractors; or B. included within the Completed Operations Hazard; or C. of which liability is assumed by the Insured under an Incidental Contract. VIII. CONDITIONS A. LEGAL ACTION AGAINST THE COMPANY A person or organization may bring Suit against the Company including, but not limited to, a Suit to recover on an agreed settlement or on a final judgement against an Insured; but the Company will not be liable for Damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by the Company, the Insured and the claimant or the claimant's legal representative. However, no action by an Insured shall lie against the Company unless there has been full compliance with all of the terns of this policy. B. ASSIGNMENT Assignment of interest under this policy shall not bind the Company and its consent is endorsed herein; if, however, the Named Insured shall die, such insurance as afforded by this policy shall apply (1) to the Named Insured's legal representative as the Named Insured, but only while acting within the scope of his/her duties as such, and (2) with respect to the property of the Named Insured, to the person having proper temporary custody thereof, as Insured, but only until the appointment and qualification of the legal representative. C. ASSISTANCE AND COOPERATION OF INSURED The Insured shall give written notice to the Company as soon as practicable of any claim made against the Insured or of any specific circumstances involving a particular person likely to result in a claim. The notice shall identify the Insured and contain reasonably obtainable information with respect to the time, place and circumstances of the injury, including the names and addresses of the injured and of available witnesses and the extent of the type of claim anticipated. If a claim is made or Suit is brought against the Insured, the Insured shall immediately forward to the Company every demand, notice, summons or other process received by the Insured or die Insured's representative. 14 HCPI-2037 (Ed. 11/09)