CH CG 24 03 02 Social Workers' Professional Liability Insurance Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule LIMITS OF INSURANCE Each Claim Limit Aggregate Limit $ $ PREMIUM BASIS Number of Social Workers and/or Psychologists: B.S. M.A. PH.D. Number of Non-Degreed Professionals: Number of Volunteers: PREMIUM FOR THIS COVERAGE $ (If no entry appears above, information required to complete this Schedule will be shown in the Declarations applicable to this endorsement.)
Section I - Insuring Agreement A. We will pay those sums that the Insured becomes legally obligated to pay as damages because of any act, error, or omission of the Insured, arising out of the Insured's "Professional Social Work Activity" or the "Professional Social Work Activity" of others for which you are liable. This insurance applies to any act, error or omission which occurs in the "coverage territory" and during the policy period. We will have the right and duty to defend any "suit" seeking those damages, but: 1. The amount we pay for damages is limited as described in Section III - Limits of Insurance; 2. We may, at our discretion, investigate and settle any claim or "suit" that may result; and 2. Any obligation of the Insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. 3. Damages arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft. 4. Liability assumed by an Insured under any contract or agreement. This exclusion does not apply to liability for damages that the Insured would have in the absence of the contract or agreement. 5. Damages expected or intended from the standpoint of the Insured. 6. Damages arising out of: 3. Our right and duty to defend ends when we have used up the (a) The rendering of or applicable limit of insurance in failure to render the payment of judgments or medical, radiological, settlements surgical, dental, or nursing service or No other obligation or liability to pay treatments, including sums or perform acts or services is shock therapy other covered unless explicitly provided for than directed by a under Supplementary Payments. physician and in the normal practice of a The acts or omissions causing damages professional social shall be deemed to be caused by an worker. "occurrence". The prescription, utilization, furnishing or B. Exclusions As respects this endorsement, this insurance does not apply to: 1. "Bodily Injury," "Property Damage," "personal injury and advertising injury " dispensing of drugs, or medical, dental, or nursing supplies or appliances other than directed by a physician and in the normal practice as a professional worker. social CH CG 24 03 02 Page 2 of 5
(c) The services by any Insured as a member of a professional board or committee of a hospital. (d) The activities of any Insured as a proprietor, superintendent, officer, director, shareholder or employee of any: hospital, sanitarium, clinic with bed and board facilities, nursing home, laboratory or other business enterprise other than that of "professional social work activity" performed on behalf of the organization named in the Declarations page of this policy. (e) The performance of any Insured of a criminal or fraudulent act. (f) Any actual, threatened or alleged abuse, molestation or sexual conduct by an Insured. (g) The commitment of a person to a psychiatric institution, unless the commitment was made in full compliance with the laws or statutes of the state in which the commitment was made. 7. Any claim for which the Insured is entitled to reimbursement and/or payment by another insurer because: (a) The other insurer provided a policy or policies which expired prior to the effective date of this endorsement; and Section II - Who is an Insured circumstance which might give rise to a claim under their policy. Each of the following in an insured under this endorsement to the extent set forth below: A. If you are designated in the Declarations as: 1. An individual, you are an Insured. 2. A partnership, you are an Insured. Your partners or members are also Insureds, but only with respect to their duties as such. 3. An organization, other than a partnership, you are an Insured. Your executive officers, members of the board of trustees, directors, or governors, or stockholders are also Insureds, but only with respect to their duties as such. B. Any person while occupying a position shown in the Schedule, but only with respect to duties while acting within the scope of employment for that position by the Named Insured. No person, whether or not included in parts A. 1, 2 or 3 is an Insured for damages arising out of "professional social work activity" unless the position of the person performing the services is shown in the Schedule. Section III - Limits of Insurance Notice was given to the other insurer of a A. The limit of insurance shown in the Schedule in this endorsement and the CH CG 24 03 02 Page 3 of 5
rules below fix the most we will pay despite the number of: 1. Insureds; 1. You must see to it that we are notified as soon as practicable of any "professional social work activity" which may result in a claim. To the extent possible, notice should include: 2. Claims made or legal or administrative actions commenced; or (a) How, when and where the damage took place; and 3. Persons or organizations making claims or bringing legal or administrative action. The nature and extent of any injury arising out of B. The limit of insurance shown in the Schedule as Aggregate is, subject to A. above, the total limit of our liability for all claims covered by this endorsement and occurring during each annual period this endorsement is in effect. C. The Each Claim limit is the most we will pay for the sum of all damages because of all acts, errors or omissions in connection with the same counseling activity regardless of the number of claims or claimants. the "professional social work activity." 2. If a claim is made or "suit" is brought against any insured you must: (a) Immediately record the specifics of the claim or "suit" and the date received; and Notify us as soon as practicable. The limits of the endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. Section IV - Conditions The following conditions replace 2. and 4. of Section IV - Commercial General Liability Conditions as respects this endorsement: A. Insured's Duties in the Event of A "Professional Social Work Activity" Claim or "Suit" CH CG 24 03 02 Page 4 of 5
3. You and any other involved insured must: (a) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit;" Authorize us to obtain records and other information; other valid and collectible insurance, and only for the amount by which our limit of insurance exceeds the sum of the total applicable limits of coverage of all other insurance. Section V - Definitions The following definition replaces the definition of "Suit" in Section V. - Commercial General Liability Definitions as respects this endorsement: (c) Cooperate with us in the investigation, settlement or defense of the claim or "suit"; and A. "Suit" means a civil proceeding in which damages because of injury to which this insurance applies are alleged. "Suit" includes: (d) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. No insured will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense without our consent. B. Other Insurance If you have other insurance against a loss covered by this insurance, we will not be liable under this insurance for a greater proportion of the loss than our limit bears to the total limit of insurance of all valid and collectible insurance. However, with respect to acts or omissions which occur prior to the effective date of this insurance, this insurance applies only as excess over any 1. an arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent; or 2. any other alternative dispute resolution proceeding in which such damages are claimed, and to which you submit with our consent. The following definition is added as respects this endorsement: B. "Professional social work activity" means consultation or communication between an Insured while in the course of employment for the organization named in the Declarations and another person(s) where an Insured offers advice, guidance and other services consistent with the Named Insured's operation as an educational, cultural or human/social service organization. CH CG 24 03 02 Page 5 of 5