CTR066209_-_SAM.pdf
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- Attached to
- Master Agreement AZ|CTR066209
- Contract number
- CTR066209
- Issued by
- Arizona
About this file
This document is a Commercial General Liability Policy Endorsement, specifically a Physical Abuse and Sexual Molestation Endorsement (Occurrence) with policy number 5088-0878-05. The endorsement modifies the existing Commercial General Liability Coverage Part, adding specific provisions related to physical abuse and sexual molestation incidents.
The endorsement provides insurance coverage with a $1,000,000 Physical Abuse and Sexual Molestation Occurrence Limit and a $2,000,000 Aggregate Limit. An additional premium of $56,598 is charged for this coverage. The policy defines "Physical Abuse and Sexual Molestation" as physical sexual abuse of any person, including non-consensual physical sexual involvement or contact. The endorsement outlines specific conditions for coverage, including reporting requirements, exclusions for knowledgeable acts, willful violations, and late reporting, and expands the definition of bodily injury to include mental anguish, shock, and emotional distress.
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Text version
POLICY NUMBER:5088-0878-05 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PHYSICAL ABUSE AND SEXUAL MOLESTATION ENDORSEMENT
(OCCURRENCE)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
In consideration of an additional premium of $56,598, it is agreed the following changes are made to the Policy:
A. The insurance provided by this endorsement shall be subject to the limits shown below:
$1,000,000 Physical Abuse and Sexual Molestation
Occurrence Limit
$2,000,000 Physical Abuse and Sexual Molestation
Aggregate Limit
The above Physical Abuse and Sexual Molestation Occurrence Limit of Insurance is the most we will pay for any one claim arising out of "Physical Abuse and Sexual Molestation" during the policy period.
The Physical Abuse and Sexual Molestation Aggregate Limit is the most we will pay, regardless of the number of claim(s) or claimants in any one policy period for "Physical Abuse and Sexual Molestation".
No other limits stated in the Commercial General Liability Coverage Form, the Social Services Professional Liability Coverage Form, or any other Coverage Form attached to this policy applies to any coverage for "Physical Abuse and Sexual Molestation".
These limits are in addition to the Limits of Insurance shown on the Declarations.
Upon exhaustion of the Physical Abuse and Sexual Molestation Aggregate Limit stated in this
Endorsement we shall have no obligation to make any further payments to or on behalf of the insured for defense, indemnification or otherwise.
B. SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE
LIABILITY and COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY is amended to include the following:
1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage", or "personal and advertising injury" arising out of "Physical Abuse and Sexual Molestation".
b. This insurance applies only if the "Physical Abuse and Sexual Molestation" is caused by an "occurrence" that takes place in the coverage territory place on or after the inception date of this policy, but before the end of the policy period, and within the coverage territory.
NPSS GL 00005 00 (04/18) Includes material copyrighted by ISO Properties, Inc., with its permission Page 1 of 3
c. A claim by a person or organization seeking damages will be deemed to have been made at the earlier of the following times:
(1) When notice of such claim is received and recorded by the insured or by us; or
(2) When we make settlement in accordance the provisions of this endorsement.
All claims for damages because of "bodily injury", "property damage", or "personal and advertising injury" arising out of "Physical Abuse and Sexual Molestation" to the same person, including damages claimed by any person or organization for care, loss of services, or death resulting at any time from the bodily injury, mental injury, advertising injury, or personal injury, shall be deemed to have been made at the time the first of those claims is made against the insured.
d. We have the right and duty to defend any suit seeking damages to which this endorsement applies. Our right and duty to defend ends when we have exhausted the applicable limit of insurance. Further, we may at our discretion investigate any "Physical Abuse and Sexual Molestation" incident and settle any claim or suit that may result.
C. Solely with respect to any coverage provided by this endorsement, the following exclusions are added:
This insurance does not apply to:
1. Knowledgeable Acts
Any individual, regardless of whether such individual would otherwise qualify as an insured, who actually or allegedly participated in, directed, or knowingly allowed to take place any act or acts constituting or potentially constituting "Physical Abuse and Sexual Molestation".
2. Willful Violation of Statute
Any actual or alleged "Physical Abuse and Sexual Molestation" because of the willful violation of a penal statute or ordinance committed by or with the consent of an insured.
3. Late Reporting
Any act or acts constituting or potentially constituting "Physical Abuse and Sexual Molestation" if not reported to us within thirty (30) days after a director, officer, supervisor or other responsible "employee" or agent of the insured:
a. Has knowledge of, or has identified, either formally or informally, an act or acts constituting "Physical Abuse and Sexual Molestation" or
b. Took action in response to an act or acts potentially constituting "sexual molestation", whichever comes first.
4. Compensatory Damages
Any fines, penalties, punitive damages, aggravated damages, exemplary damages, or enhanced damages resulting from the multiplication of compensatory damages.
NPSS GL 00005 00 (04/18) Includes material copyrighted by ISO Properties, Inc., with its permission Page 2 of 3
D. Solely with respect to any coverage provided by this endorsement, SECTION V - DEFINITIONS, 3.
"Bodily injury" is deleted in its entirety and replaced by the following:
"Bodily Injury" means bodily injury, sickness or disease sustained by a person, including death, mental anguish, shock or emotional distress resulting from any of these at any time.
E. Solely with respect to any coverage provided by this endorsement, SECTION V - DEFINITIONS is amended to include the following:
"Physical Abuse and Sexual Molestation" means physical sexual abuse of any person, including but not limited to, any non-consensual physical sexual involvement or physical sexual contact.
All other terms and conditions remain unchanged.
NPSS GL 00005 00 (04/18) Includes material copyrighted by ISO Properties, Inc., with its permission Page 3 of 3
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