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  2. Finance Committee - Agenda - 2/17/2021 - P155

Finance Committee - Agenda - 2/17/2021 - P155

By dnadmin on Mon, 11/07/2022 - 13:47
Document Date
Fri, 02/12/2021 - 11:32
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 02/17/2021 - 00:00
Page Number
155
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__021720…

(1) Professional health care services such as:

(a) Medical, surgical, dental, laboratory, x-
ray or nursing services or treatment,
advice orf instruction, or the related
fumishing of food or beverages,

(b}) Any health or therapeutic service,
treatment, advice or instruction; or

(c) The furnishing or dispensing of drugs
or medical, dental, or surgical supplies
or appliances; or

(2) First aid services, which include:

(a) Cardiopulmonary resuscitation,
whether performed manually or with a
defibrillator; or

(b} Services performed as a Good
Samaritan.

For the purpose of determining the limits of
insurance, any act or omission together with
all related acts or omissions in the furnishing
of these services to any one person will be
considered one "occurrence”.

However, this Incidental Medical Malpractice
And Good Samaritan Coverage provision
applies only if you are not engaged in the
business or occupation of providing any of the
services described in this provision.

2. Exclusions
This insurance does not apply to:

a.

Expected Or Intended Injury

"Bodily injury” or "property damage” expected
or intended from the standpoint of the
insured. This exclusion does not apply to
“bodily injury” or “property damage" resulting
from the use of reasonable force to protect
persons or property.

. Contractual Liability

"Bodily injury" or "property damage" for which
the insured is obligated to pay damages by
reason of the assumption of liability in a
contract or agreement. This exclusion does
not apply to liability for damages:

(1) That the insured would have in the
absence of the contract or agreement; or

(2) Assumed in a contract or agreement that
is an “insured contract", provided the
“bodily injury’ or “property damage"
occurs subsequent to the execution of the
contract or agreement. Solely for the
purposes of liability assumed in an
“insured contract’, reasonable attomey
fees and necessary litigation expenses
incurred by or for a party other than an
insured are deemed to be damages
because of "bodily injury" or "property
damage", provided:

Page 2 of 21

(a) Liability to such party for, or for the
cost of, that party's defense has also
been assumed in the same “insured
contract"; and

(b) Such attorney fees and _ litigation
expenses are for defense of that party
against a civil or altemative dispute
resclution—- proceeding in-—— which
damages to which this insurance
applies are alleged.

c. Liquor Liability

“Bodily injury" or "property damage" for which
any insured may be held fiable by reason of:

{1) Causing or contributing to the intoxication
of any person;

(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or
under the influence of alcohol; or

(3) Any statute, ordinance or regulation
relating to the sale, gift, distribution or use
of alcoholic beverages.

This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in:

{a) The supervision, hiring, employment,
training or monitoring of others by that
insured; or

{b) Providing or failing to provide
transportation with respect to any
person that may be under the influence
of alcohol:

if the “occurrence” which caused the “bodily
injury” or "property damage”, involved that
which is described in Paragraph (1), (2) or (3)
above.

However, this exclusion applies only if you
are in the business of manufacturing,
distributing, selling, serving or furnishing
alcoholic beverages. For the purposes of this
exclusion, permitting a person to bring
alcoholic beverages on your premises, for
consumption on your premises, whether or
not a fee is charged or a license is required
for such activity, is not by itself considered the
business of selling, serving or furnishing
alcoholic beverages.

. Workers' Compensation And Similar Laws

Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any
similar law.

. Employer's Liability

"Bodily injury" to:
(1) An “employee” of the insured arising out of
and in the course of:

HG 00 01 09 16

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Finance Committee - Agenda - 2/17/2021 - P155

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