|
5 . Section 11 — Who Is An Insured is replaced by the following
<br /> SECTION II — WHO IS AN INSURED
<br /> 1 . If you are designated in the Declarations as :
<br /> a . An individual , you and your spouse are insureds , but only with respect to the conduct of a business of
<br /> which you are the sole owner.
<br /> b . A partnership or joint venture , you are an insured . Your members , your partners , and their spouses are
<br /> also insureds , but only with respect to the conduct of your business .
<br /> c . A limited liability company, you are an insured . Your members are also insureds , but only with respect to
<br /> the conduct of your business . Your managers are insureds , but only with respect to their duties as your
<br /> managers .
<br /> d . An organization other than an individual , partnership , joint venture or limited liability company , you are an
<br /> insured . Your "executive officers " and directors are insureds , but only with respect to their duties as your
<br /> officers or directors . Your stockholders are also insureds , but only with respect to their liability as
<br /> stockholders .
<br /> e. A trust , you are an insured . Your trustees are also insureds , but only with respect to their duties as
<br /> trustees .
<br /> 2 . Each of the following is also an insured :
<br /> a . Your "volunteer workers " or interns only while performing duties related to the conduct of your business , or
<br /> your "employees " , other than either your " executive officers" ( if you are an organization other than a
<br /> partnership , joint venture or limited liability company) or your managers (if you are a limited liability
<br /> company) , but only for acts within the scope of their employment by you or while performing duties related
<br /> to the conduct of your business . However , none of these "employees" or "volunteer workers" or interns are
<br /> insureds for :
<br /> ( 1 ) " Bodily injury" or " personal and advertising injury" :
<br /> (a) To you , to your partners or members ( if you are a partnership or joint venture ) , to your members (if
<br /> you are a limited liability company) , to a co- "employee" while in the course of his or her employment
<br /> or performing duties related to the conduct of your business , or to your other "volunteer workers " or
<br /> interns while performing duties related to the conduct of your business ,
<br /> ( b) To the spouse , child , parent , brother or sister of that co-"employee" or " volunteer worker" or intern
<br /> as a consequence of Paragraph (1 ) (a) above ;
<br /> (c) For which there is any obligation to share damages with or repay someone else who must pay
<br /> damages because of the injury described in Paragraph ( 1 )(a) or (b) above ; or
<br /> (d) Arising out of his or her providing or failing to provide professional health care services .
<br /> (2) " Property damage" to property :
<br /> (a) Owned , occupied or used by ;
<br /> (b) Rented to , in the care , custody or control of , or over which physical control is being exercised for
<br /> any purpose by ;
<br /> you , any of your "employees " , "volunteer workers " , interns , any partner or member ( if you are a
<br /> partnership or joint venture) , or any member ( if you are a limited liability company) .
<br /> However , your "employee " , "volunteer worker" , or intern is an insured for "property damage " to property
<br /> rented to , in the care , custody or control of , or over which physical control is being exercised for any
<br /> purpose by your "employee" , "volunteer worker" or intern while that person is performing "staffing
<br /> services" for your clients .
<br /> b. Any person (other than your "employee" or "volunteer worker" or intern ) , or any organization while acting
<br /> as your real estate manager .
<br /> c . Any person or organization having proper temporary custody of your property if you die , but only :
<br /> (1 ) With respect to liability arising out of the maintenance or use of that property ; and
<br /> (2) Until your legal representative has been appointed .
<br /> d . Your legal representative if you die , but only with respect to duties as such . That representative will have
<br /> all your rights and duties under this Coverage Part .
<br /> e. Any individual or organization under written contract or written agreement with you who provides "staffing
<br /> services" on your behalf and at your direction for your clients .
<br /> ECG 04 780 08 16 © Everest Reinsurance Company , 2016 Page 3 of 5
<br />
|