CTR056097_Certificate_of_Insurance_2.9.2023.pdf

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Attached to
Master Agreement AZ|CTR056097
Contract number
CTR056097
Issued by
Arizona

About this file

This document is a comprehensive insurance certificate and related endorsements for Pathway to Work LLC, a company located in Tempe, Arizona. The insurance is provided by Harnish Insurance Group, with Secura Insurance and Trumbull Insurance Company as the primary insurers. The certificate names the State of Arizona and the Department of Economic Security as additional insureds, with the contract number CRT056097 and solicitation number BPM003395.

The insurance coverage includes Commercial General Liability, Automobile Liability, Workers Compensation, and Professional Liability, with various endorsements covering vocational training programs and specialized protections such as abuse and molestation coverage. The policies are effective from 02/09/2022 to 02/09/2023, with liability limits ranging from $1,000,000 to $2,000,000 per occurrence. The endorsements provide additional protections for the insured, including coverage for non-owned watercraft and aircraft, broadened medical payments, and supplementary payments. The policy specifically covers a vocational training program and includes provisions for additional insureds, waiver of subrogation, and comprehensive definitions of covered services and potential liabilities.

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Text version

01/22/2022

Harnish Insurance Group 2045 S Vineyard Ste 143

Mesa AZ 85210

Danielle Harper

(480) 839-9077 (866) 771-9077 certs@theharnishgroup.com

Pathway to Work LLC 1445 E Guadalupe Rd Ste 101 Tempe AZ 85283

Secura Ins 22543 Trumbull Insurance Company 27120

CL2211403105

A Y Y CP3280983 02/09/2022 02/09/2023

2,000,000 100,000 10,000 2,000,000 2,000,000 2,000,000

A Y Y A3294757 02/09/2022 02/09/2023

1,000,000

B Y Y 59WECAB7Z2T 07/10/2022 07/10/2023

1,000,000 1,000,000 1,000,000

A Sexual Abuse & Molestation

CP3280983 02/09/2022 02/09/2023

Each Occurence 1,000,000 Aggregate 2,000,000

Solicitation No: BPM003395 RE: Contract # CRT056097 The State of Arizona and the Department of Economic Security are named as additional insured with respect to liability arising out of the activities performed by or on behalf of the Qualified Vendor, per the provisions of the attached endorsement(s).

General Liability, Automobile Liability, and Workers Compensation Liability coverage contains a waiver of subrogation in favor of the State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the the Qualified Vendor per the provisions of the attached endorsement(s). Sexual Abuse & Molestation coverage is included per attached

State of Arizona Department of Economic Security 1789 W Jefferson, Mail Drop 1541 Phoenix AZ 85007

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE

INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #

NAME:

CONTACT

(A/C, No):

FAX

E-MAIL

ADDRESS:

PRODUCER

(A/C, No, Ext):

PHONE

INSURED

REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:

(Per accident)

(Ea accident)

N / A

SUBR

WVD

ADDL

INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

$PROPERTY DAMAGE

BODILY INJURY (Per accident)

BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

OFFICER/MEMBER EXCLUDED?

(Mandatory in NH)

DESCRIPTION OF OPERATIONS below If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE

E.L. DISEASE - POLICY LIMIT

E.L. DISEASE - EA EMPLOYEE

E.L. EACH ACCIDENT

ER

OTH-

STATUTE

PER

LIMITS(MM/DD/YYYY)

POLICY EXP

(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR

INSR

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB

UMBRELLA LIAB $EACH OCCURRENCE

$AGGREGATE

OCCUR

CLAIMS-MADE

DED RETENTION $

$PRODUCTS - COMP/OP AGG

$GENERAL AGGREGATE

$PERSONAL & ADV INJURY

$MED EXP (Any one person)

$EACH OCCURRENCE

DAMAGE TO RENTED

$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY

PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE

ACORD 25 (2016/03)

© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER

The ACORD name and logo are registered marks of ACORD

HIRED

AUTOS ONLY

Pathway to Work LLC

00005982

Harnish Insurance Group

25 Certificate of Liability Insurance endorsement.

ACORD 101 (2008/01)

The ACORD name and logo are registered marks of ACORD

© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,

FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS

ADDITIONAL REMARKS SCHEDULE Page of

AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED

EFFECTIVE DATE:

POLICY NUMBER: 20-CP-003280983-12 END: 003 COMMERCIAL GENERAL LIABILITY

CG 20 26 07 04

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1

ADDITIONAL INSURED – DESIGNATED

PERSON OR ORGANIZATION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person(s) Or Organization(s) The State of Arizona, and its departments, agencies, boards, commissions, universities, Officers, officials, agents, and employees.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II – Who Is An Insured is amended to in-clude as an additional insured the person(s) or organi-zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis-sions of those acting on your behalf:

A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you.

POLICY NUMBER: 20-CP-003280983-12 COMMERCIAL GENERAL LIABILITY

CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE

Name Of Person Or Organization:

The State of Arizona, and its departments, agencies, boards, commissions, universites, officers, officials, agents, and employees.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions:

We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above.

CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 □

POLICY NUMBER: 20-A-003294757-12 COMMERCIAL AUTO

CA 04 441013

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)

This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: Pathway to Work LLC

Endorsement Effective Date: 02/09/2022

SCHEDULE

Name(s) Of Person(s) Or Organization(s):

The State of Arizona, and its departments, agencies, boards, commissions, universites, officers, officials, agents, and employees.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization.

CA04 441013 © Insurance Services Office, Inc., 2011 Page 1 of 1

POLICY NUMBER: 20-A-003294757-12

SUPPLEMENTAL FORM DECLARATION FOR CA20481013

DESIGNATED INSURED

Endorsement Effective: 02/09/2022

Named Insured: Pathway to Work LLC

SCHEDULE

ILD 0002 1204

Name of Person {s) or Oraanization{s):

The State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees.

ILD 0002 1204 SECORA Insurance Company Page 1 of 1

CGT 1000 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 1301 2013 SECURA Insurance Company

THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY.

GENERAL LIABILITY WRAP

This Endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

The following is a summary of the coverages provided in this Endorsement. This Endorsement is applicable only to those premises described in the Declarations.

SCHEDULE

Coverage Page

A. NON-OWNED WATERCRAFT 1

B. NON-OWNED AIRCRAFT HIRED WITH CREW 1

C. PERSONAL AND ADVERTISING INJURY - BROAD FORM 2

D. BROADENED MEDICAL PAYMENTS 2

E. SUPPLEMENTARY PAYMENTS INCREASED LIMITS 2

F. ADDITIONAL INSURED - BUILDING OWNER 2

G. ADDITIONAL INSURED – LESSOR OF LEASED EQUIPMENT 2

H. ADDITIONAL INSURED BY WRITTEN AGREEMENT 3

I. DUTIES AFTER LOSS REDEFINED 3

J. BODILY INJURY REDEFINED 4

K. UNINTENTIONAL FAILURE TO DISCLOSE 4

With respect to coverage provided by this Endorsement, the provisions of the Coverage Part apply unless modified by this Endorsement.

A. NON-OWNED WATERCRAFT

1. SECTION I - COVERAGES; COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY; 2.

Exclusions; g. Aircraft, Auto or Watercraft; Paragraph (2) on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is deleted and replaced by the following:

(2) A watercraft you do not own that is:

(a) Less than 51 feet long; and

(b) Not being used to carry persons or property for a charge;

2. This coverage applies to any person who, with your expressed or implied consent, either uses or is responsible for the use of a watercraft.

3. This coverage does not apply if there is any other insurance for “bodily injury” or “property damage” liability that would also apply to loss covered under this coverage, whether the other insurance is primary, excess, contingent or on any other basis. A policy issued by us to apply specifically in excess of this policy is not considered other insurance.

B. NON-OWNED AIRCRAFT HIRED WITH CREW

1. SECTION I - COVERAGES; COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY; 2.

Exclusions; g. Aircraft, Auto or Watercraft on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM does not apply to an aircraft that is:

a. Not owned by any insured; and

b. Hired or chartered by, or loaned to you, with a paid crew for the sole use of transporting your “employees.”

2. This coverage does not apply if there is any other insurance for “bodily injury” or “property damage” liability that would also apply to loss covered under this coverage, whether the other insurance is primary, excess, contingent, or on any other basis. A policy issued by us to apply specifically in excess of this policy is not considered other insurance.

C. PERSONAL AND ADVERTISING INJURY - BROAD FORM

CGT 1000 Includes copyrighted material of Insurance Services Offices, Inc., with it’s permission. Page 2 of 4

1. SECTION I - COVERAGES; COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY; 2.

Exclusions; e. Contractual Liability on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is deleted.

2. The following is added as item h. to SECTION V - DEFINITIONS; 14. “Personal and Advertising Injury” on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM:

h. Discrimination or humiliation (unless insurance thereof is prohibited by law) that results in injury to the reputation of a natural person, but only if such discrimination or humiliation is:

(1) Not done intentionally by or at the direction of:

(a) You; or

(b) Any of your officers, directors, stockholders, partners, managers, or members.

(2) Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured.

D. BROADENED MEDICAL PAYMENTS

If Medical Expense Payments coverage applies:

1. SECTION I - COVERAGES; COVERAGE C MEDICAL PAYMENTS on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows:

The reporting period as shown in paragraph 1.a.(b) of the Insuring Agreement, is amended to be reported within three years of the date of accident, in lieu of one year.

2. The Medical Expense Limit is amended to the amount shown on the Declarations.

E. SUPPLEMENTARY PAYMENTS INCREASED LIMITS

SECTION I - COVERAGES; SUPPLEMENTARY PAYMENTS - COVERAGES A AND B on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows:

1. Item 1.b., the cost of bail bonds is changed to $2,500; and

2. Item 1.d., actual loss of earnings is changed to $500 a day.

F ADDITIONAL INSURED - BUILDING OWNER

SECTION II - WHO IS AN INSURED on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include as an additional insured the owner, manager, or lessor of premises but only with respect to liability arising out of the ownership, maintenance, or use of that part of the premises leased to you subject to the following additional exclusions:

This insurance does not apply to:

1. Any “occurrence” which takes place after you cease to be a tenant in that premises.

2. Structural alterations, new construction, or demolition operations performed by or on behalf of the person or organization shown in the Schedule.

G. ADDITIONAL INSURED – LESSOR OF LEASED EQUIPMENT

1. SECTION II - WHO IS AN INSURED on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include as an additional insured any person or organization from whom you lease equipment when you and such person or organization have agreed in writing that such person or organization be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization.

A person’s or organization’s status as an additional insured under this Endorsement ends when their agreement with you for such leased equipment ends.

2. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires.

H. ADDITIONAL INSURED BY WRITTEN AGREEMENT

1. SECTION II - WHO IS AN INSURED on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is

CGT 1000 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by:

a. Your acts or omissions; or

b. The acts or omissions of those acting on your behalf;

in the performance of your ongoing operations for the additional insured.

A person’s or organization's status as an additional insured under this Endorsement ends when your operations for that additional insured are completed.

2. With respect to the insurance afforded these additional insureds, the following additional exclusions apply:

This insurance does not apply to:

a. "Bodily injury", "property damage" or “personal and advertising injury” arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:

(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or

(2) Supervisory, inspection, architectural or engineering activities.

b. Any of your Subcontractors, or any partner, officer, agent or employee of such Subcontractor.

c. “Bodily injury” or “property damage” occurring after:

(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or

(2) That portion of “your work” out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

3. The limits of insurance applicable to such insurance shall be the lesser of the limits required by the written agreement between the parties or the limits provided by this policy.

I. DUTIES IN THE EVENT OF AN OCCURRENCE, OFFENSE, CLAIM OR SUIT

1. Notice of Occurrence or an Offense

a. The requirement in SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS; 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit; paragraph a. on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM that you must see to it that we are notified of an “occurrence” or an offense only applies when the “occurrence” or offense is known to:

(1) You, if you are an individual;

(2) A partner, if you are a partnership;

(3) An officer of the corporation or insurance manager, if you are a corporation; or

(4) A member or manager, if you are a limited liability company.

2. Notice of claim or suit

a. The requirement in SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS; 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit; paragraph b. on the COMMERCIAL GENERAL LIABILITY COVERAGE FORM that you must see to it that we receive notice of a claim or “suit” applies only when the claim or “suit” is known to:

(1) You, if you are an individual;

(2) A partner, if you are a partnership;

(3) An officer of the corporation or insurance manager, if you are a corporation; or

CGT 1000 Includes copyrighted material of Insurance Services Offices, Inc., with it’s permission. Page 4 of 4

(4) A member or manager, if you are a limited liability company.

J. BODILY INJURY REDEFINED

SECTION V - DEFINITIONS; 3. “Bodily injury” on the COMMERCIAL GENERAL LIABLITY COVERAGE FORM is deleted and replaced with the following:

3. “Bodily injury” means bodily injury, sickness, or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time.

K. UNINTENTIONAL FAILURE TO DISCLOSE

Any unintentional error or omission in the description of, or failure to completely describe, any premises or operations intended to be covered by the COMMERCIAL GENERAL LIABLITY COVERAGE FORM will not invalidate or affect coverage for those premises or operations. However, you must report such error or omissions to us as soon as practicable after its discovery.

All other terms and conditions of this policy not in conflict with the terms and conditions of this Endorsement shall continue to apply.

SGE 2015 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2 1001 © 2010 SECURA Insurance Company

THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY.

ABUSE AND MOLESTATION COVERAGE

This Endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

With respect to coverage provided by this Endorsement, the provisions of the Coverage Part apply unless modified by the Endorsement.

SCHEDULE

EACH INCIDENT $ 1,000,000

AGGREGATE: $ 2,000,000

(If no entry appears above, information required to complete this endorsement will be shown in the Endorsement Schedule of the Declarations as applicable to this endorsement.)

Exclusion SECTION I – COVERAGE; COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY; 2 Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY; 2 Exclusions is amended to add the following:

Abuse and Molestation This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of:

1. The actual or threatened “physical abuse”, “mental injury” or “sexual molestation” by anyone of any person while in the care, custody or control of any insured, or

2. The negligent:

a. Employment;

b. Investigation;

c. Supervision;

d. Reporting to the proper authorities, or failure to so report; or

e. Retention;

of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by paragraph 1. above.

Abuse and Molestation Coverage A. Coverage

1. Insuring Agreement

The Exclusion above, or any similar Exclusion within the policy, is amended as follows:

We will pay those sums the insured becomes legally obligated to pay as damages because of “physical abuse”, “mental injury” or “sexual molestation” to any person while in the care, custody or control of any insured. For the purpose of this endorsement coverage includes but is not limited to claims arising out of the negligent:

a. Employment;

b. Investigation;

c. Supervision;

d. Reporting to the proper authorities, or failure to so report; or

e. Retention;

of any person for whom the insured is legally responsible.

SGE 2015 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 2 of 2 1001 © 2010 SECURA Insurance Company

2. Exclusions

This insurance does not apply to

a. any person who:

(1) committed or attempted to commit;

(2) participated in;

(3) directed;

(4) knowingly allowed; or

(5) failed to take action to prevent recurrence after having knowledge of;

any act of “physical abuse”, “mental injury” or “sexual molestation”. We will defend any insured accused of such conduct until our investigation determines that the accusation is correct.

b. any sum awarded for punitive damages, exemplary damages, multiplied damages, fines or penalties arising out of any "physical abuse”, “mental injury” or “sexual molestation".

B. Limits of Insurance The Abuse and Molestation Coverage is subject to the following:

1. The limit of insurance shown in the schedule is the most we will pay for damages from any one incident, regardless of the number of:

a. Insureds;

b. Claims made, or “suits” brought; or

c. Persons or organizations making claims or bringing “suits”.

2. Subject to the General Aggregate Limit, the Abuse and Molestation Coverage Aggregate Limit shown in the Schedule is the most we will pay for the sum of all damages because of all “physical abuse”, “mental injury” or “sexual molestation”.

3. Subject to the General Aggregate Limit and the Abuse and Molestation Coverage Aggregate Limit, the Per Incident Limit shown in the Schedule is the most we will pay for all damages because of all “physical abuse”, “mental injury” or “sexual molestation” arising out of any one incident.

4. These limits are inclusive of and are not in addition to the General Liability limits.

5. Multiple incidents of “physical abuse”, “mental injury” or “sexual molestation” to one person shall be deemed to be one incident and shall be subject to the limits in effect at the time of the first incident. This insurance applies only if the first incident of “physical abuse”, “mental injury” or “sexual molestation” occurs during the policy period.

C. Deductible No deductible applies to Abuse and Molestation Coverage.

D. Duty to Defend OUR RIGHT AND DUTY TO DEFEND END AFTER WE HAVE PAID, OR OFFERED TO PAY, AN AMOUNT EQUAL TO THE LIMIT OF OUR LIABILITY. We have no duty to defend any “suit” or settle any claim for damages not covered by this Endorsement.

E. Definitions

1. “Sexual molestation” means any actual or alleged act, touching, or caressing or suggestion thereof which could be considered sexual and/or inappropriate.

2. “Mental injury” means mental anguish, emotional distress or humiliation.

3. “Physical abuse” means any actual or alleged physical mistreatment, the improper or excessive touching, handling or treatment of a person including excessive force and abusive language.

All other terms and conditions of this policy not in conflict with the terms and conditions of this Endorsement shall continue to apply.

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