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Healthcare Professional Liability
<br />which the Insured practices or conducts business or is otherwise qualified to practice the Named Insured's
<br />business or professional occupation in the absence of such law;
<br />25. to claims based on or arising out of services provided by any Insured, to the extent such services are not
<br />authorized or permitted by the laws of the state(s) in which such Insured practices or conducts business; �-
<br />26, to any claims based on or arising out of any act or omission by an Insured with respect to hiring, termination,
<br />harassment, compensation, or the tenure, term, condition, benefits or privilege of employment of any such
<br />person;
<br />27. to any claims made or Suits brought against any Insured alleging in whole or part;
<br />a. physical assault, abuse, molestation, or habitual neglect, or licentious, immoral, amoral or other behavior
<br />that was committed or alleged to have been committed, by the Insured or by any person for whom the
<br />Insured is legally responsible; and/or
<br />b. sexual assault, abuse, or molestation, or licentious, immoral, amoral or other behavior which was
<br />threatened, intended to, lead to or culminated in, any sexual act whether committed intentionally,
<br />negligently, inadvertently or with the belief, erroneous or otherwise, that the other party is consenting and
<br />has the legal and mental capacity to consent thereto, that was committed, or alleged to have been
<br />committed by the Insured or by any person for whom the Insured is legally responsible.
<br />This exclusion applies regardless of the legal theory or basis upon which the Insured is alleged to be legally
<br />liable or responsible in whole or in part, for any Damages arising out of sexual and/or physical abase,
<br />including but not limited to assertions of improper or negligent hiring, employment or supervision, failure to
<br />protect or warn the other party, failure to prevent the sexual abuse and/or physical abuse, failure to prevent
<br />assault and battery, failure to discharge the employee.
<br />However, notwithstanding the foregoing exclusion, the Insured shall be entitled to a defense as provided
<br />under the terms of the policy as to any claim upon which Suit is brought for any such alleged behavior, unless
<br />a judgment or final adjudication adverse to any Insured or an admission by any Insured, shall establish that
<br />such behavior caused, in whole or part, the injury claimed in such claim or Suit. The Company shall not be
<br />required to appeal a judgment or final adjudication adverse to the Insured. This duty to defend will not apply
<br />to claims brought alleging conduct specified in Exclusion 26, above;
<br />28. to Bodily Injury and Property Damage included within the Products Hazard or Completed Operations
<br />Hazard,
<br />29. to Personal Injury or Advertising Injury arising out of:
<br />a. the willful violation of a penal statute or ordinance committed by or with the knowledge or consent of the
<br />Insured;
<br />b. a publication or utterance of a libel or slander, or a publication or utterance in violation of an individual's
<br />right of privacy if the first injurious publication or utterance of the same or similar material by or on behalf
<br />of the Named Insured was made prior to the effective date of this insurance;
<br />c. libel or slander or the publication or utterance of defamatory or disparaging material concerning any
<br />person or organization or goods, products or services, or in violation of an individual's right of privacy,
<br />made by or at the direction of the Insured with knowledge of falsity thereof;
<br />30, to any claim brought by, or on behalf of, any Insured under this policy against any other Insured under this
<br />policy, except if such claim results from services rendered in a patient or client relationship;
<br />\SII. DEFINITIONS
<br />When used in this policy (including endorsements forming a part hereof):
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<br />HCPL-2037 (Ed. 11/09)
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