PATENT PRACTITIONERS
PROFESSIONAL LIABILITY INSURANCE
NOTICE: This is a claims made form. Words and phrases in bold (other than titles and section headings) have special meanings which apply in both the singular and plural forms as required by the context. Except to such extent as may otherwise be provided herein, the coverage afforded under this Insurance Policy is limited to liability for only those Claims that are first made against the Assured and reported to the Underwriters while the insurance is in force. The Limit of Liability available to pay Damages shall be reduced and may be completely exhausted by payment of Claims Expenses . Damages and Claims Expenses shall be applied against the Deductible . Please review the coverage afforded under this Insurance Policy carefully and discuss the coverage hereunder with your insurance agent or broker.
INSURING AGREEMENTS
The Underwriters agree with the Assured , named in the Declarations made a part hereof, in consideration of the payment of the premium and reliance upon the statements in the application which is made a part of this Insurance Policy (hereinafter " Policy " or " Insurance ") and subject to the Limit of Liability , exclusions, conditions and other terms of this Insurance :
Coverage
To pay on behalf of the Assured Damages and Claims Expenses which the Assured shall become legally obligated to pay because of any Claim or Claims , including Claims for Personal Injury as hereafter defined, first made against the Assured and reported to the Underwriters during the Period of Insurance or Extended Reporting Period , arising out of any act, error or omission of the Assured in rendering or failing to render Professional Services as hereinafter defined for others but solely for acts on behalf of the Named Assured designated in Item 1 of the Declarations and caused by the Assured , except as excluded or limited by the terms, conditions and exclusions of this Policy .
Defense and Settlement (Included in the Limit of Liability )
The Underwriters shall have the right and duty to defend, subject to the Limits of Liability , any Claim against the Assured seeking Damages which are payable under the terms of this Insurance , even if any of the allegations of the Claim are groundless, false or fraudulent. However, Underwriters shall not formally appoint defense counsel without the consent of the Named Assured , such consent not to be unreasonably withheld.
It is agreed that the Limit of Liability available to pay Damages shall be reduced and may be completely exhausted by payment of Claims Expenses . Damages and Claims Expenses shall be applied against the Deductible .
The Underwriters shall have the right to make any investigation they deem necessary, including, without limitation, any investigation with respect to the application and statements made in the application and with respect to coverage.
If the Assured shall refuse to consent to any settlement or compromise recommended by the Underwriters and acceptable to the claimant and elects to contest the Claim , Underwriters ' liability for any Damages and Claims Expenses shall not exceed the amount for which the Claim could have been settled plus the Claims Expenses incurred up to the time of such refusal, or the applicable Limit of Liability , whichever is less, and the Underwriters shall have the right to withdraw from the further defense thereof by tendering control of said defense to the Assured .
Without waiving the foregoing, in order to enhance the likelihood of resolving Claims covered by this Insurance in a mutually agreeable manner to both Underwriters and the Assured , Underwriters agree to: (1) seek the Assured's views regarding any potential settlement or compromise recommended by Underwriters and acceptable to the claimant; and (2) substantively respond to any such views, explaining Underwriters' position and the reason(s) therefor.
It is further provided that the Underwriters shall not be obligated to pay any Damages or Claims Expenses , or to undertake or continue defense of any suit or proceeding after the applicable Limit of Liabiity has been exhausted by payment of Damages or Claims Expenses or after deposit of the applicable Limit of Liability in a court of competent jurisdiction, and that upon such payment, the Underwriters shall have the right to withdraw from further defense thereof by tendering control of said defense to the Assured.
DEFINITION OF ASSURED
Each of the following is an Assured under this Insurance to the extent set forth below:
if the Named Assured designated in Item 1 of the Declarations is an individual, the person so designated but only with respect to the conduct of a Patent Practitioner practice of which the individual is the sole proprietor;
if the Named Assured designated in Item 1 of the Declarations is a partnership or limited liability partnership, the partnership or limited liability partnership so designated;
any Patent Practitioner who is a partner in the Named Assured including any incorporated partners and their shareholders but solely for acts on behalf of the Named Assured designated in Item 1 of the Declarations;
if the Named Assured designated in Item 1 of the Declarations is a corporation, professional corporation, professional association or limited liability company, the corporation, professional corporation, professional association or limited liability company so designated;
any Patent Practitioner who is a stockholder or member of the corporation, professional corporation, professional association or limited liability company but solely for acts on behalf of such Named Assured ;
any Patent Practitioner acting as an independent contractor but solely for acts on behalf of the Named Assured designated in Item 1 of the Declarations;
any employed Patent Practitioner or other employee but solely for acts on behalf of the Named Assured designated in Item 1 of the Declarations;
any person who previously qualified as an Assured under C, E, F or G above prior to the termination of the required relationship with the Named Assured , but solely for acts on behalf of the Named Assured designated in Item 1 of the Declarations;
any partnership, limited liability partnership, corporation, professional corporation, professional association or limited liability Company, advised in writing to the Underwriters , of which the Named Assured is the successor;
any Patent Practitioner who during the Period of Insurance becomes a partner, member, stockholder or employee of the Named Assured but solely for acts on behalf of the Named Assured designated in Item 1 of the Declarations;
the estate, heirs, executors, administrators, assigns and legal representatives of any Assured in the event of such Assured's death, incapacity, insolvency or bankruptcy, but only to the extent that such Assured would otherwise be provided coverage under this Insurance;
any Patent Practitioner acting as "of counsel" but soley for acts on behalf of the Named Assured designated in Item 1 of the Declarations .
TERRITORY
This Insurance applies to acts, errors or omissions which take place anywhere in the world provided that Claim is first made against the Assured within the United States of America, its territories or possessions or Canada during the Period of Insurance or Extended Reporting Period when purchased in accordance with Clause IX.
EXCLUSIONS
The coverage under this Insurance does not apply to Damages or Claims Expenses incurred with respect:
to any Claim arising out of any criminal, dishonest, fraudulent or malicious act, error or omission of any Assured , committed with actual, criminal, dishonest, fraudulent or malicious purpose or intent. However, notwithstanding the foregoing, the insurance afforded by this Policy shall, subject to the sub-limit of liability specified in section VI.D of the policy, apply to Claims Expenses incurred in defending any such Claim , but shall not apply to any Damages which the Assured might become legally obligated to pay as a result of such Claim ;
to fines, penalties or sanctions, except that if a Claim shall have been brought against the Assured seeking Damages as well as fines, penalties or sanctions, then any coverage which may be afforded by this Policy will apply to any Claims Expenses incurred, without liability, however, for such fines, penalties or sanctions;
to any Claim by one Assured under this Insurance against another Assured under this Insurance ;
to any Claim arising out of bodily injury to, or sickness, disease or death of any person, or to injury to or destruction of any tangible property, including the loss of use thereof;
to any loss sustained by an Assured as a beneficiary or distributee of any trust or estate;
to any Claim arising out of any Assured's activities as a trustee, partner, officer, director or employee of any employee trust, charitable organization, corporation, company or business other than that of the Named Assured ;
to any Claim made by or against or in connection with any business enterprise (including the ownership, maintenance or care of any property in connection therewith), not named in Item 1 of the Declarations, which is owned by any Assured (except where such ownership interest is less than or equal to 0.5% of a publicly traded company or where such an interest constitutes part of the holdings of a mutual fund in which any Assured is invested) or in which any Assured is a trustee, partner, officer, director or employee, or which is directly or indirectly controlled, operated or managed by any Assured in a non-fiduciary capacity;
to any Claim or circumstance which might lead to a Claim in respect of which any Assured has given notice to the insurer of any other policy in force previous to the effective date of this Policy ;
to any Claim arising out of any acts, errors, or omissions which took place prior to the effective date of this Insurance , if any Assured on the effective date knew or could have reasonably foreseen that such acts, errors or omissions might be expected to be the basis of a Claim ;
to any Claim arising out of any Assured's capacity as an elected public official or as an employee of a governmental body, subdivision, or agency thereof unless the Assured is deemed an employee solely by virtue of rendering services to such governmental body, the remuneration for which services inures to the benefit of the Named Assured ;
to any Claim arising out of any Assured's activities and/or capacity as a Fiduciary under the Employment Retirement Income Security Act of 1974 and its amendment or any regulation or order issued pursuant thereto;
to any Claim seeking the return or reimbursement of fees, costs or expenses paid to the Assured ;
to any Claim directly or indirectly brought about by arising out of, or attributable to any actual or alleged violation of the Racketeer Influenced and Corrupt Organization Act, 18 USC Sections 1961 et seq., or any comparable state law, and any amendments thereto, or any rules or regulations promulgated thereunder;
to any Claim or circumstance that might lead to a Claim arising out of any act, error or omission which took place, or is alleged to have taken place, prior to the retroactive date, if any, as set forth in Item 6 of the Declarations;
to any loss, cost or expense, directly or indirectly arising out of, resulting as a consequence of, or related to the manufacture, mining, processing, distribution, testing, remediation, removal, storage, disposal, sale, use of, or exposure to asbestos or materials or products containing asbestos, whether or not there is another cause of loss which may have contributed concurrently or in any sequence to a loss;
This exclusion shall not however apply to any Claim brought against the Assured arising out of the provision of Professional Services for others.
to any loss, costs, or expenses, directly or indirectly arising out of, resulting from or in any manner related to "Fungi" whether or not there is another cause of loss which may have contributed concurrently or in any sequence to a loss.
"Fungi" as utilised herein shall mean any fungus or mycota or any by-product or type of infestation produced by such fungus or mycota, but not limited to mold, mildew, mycotoxins, spores or any biogenic aerosols.
This exclusion shall not however apply to any Claim brought against the Assured arising out of the provision of Professional Services for others.
DEFINITIONS
" Claim " means a demand received by any Assured for money or services including the service of suit or institution of arbitration proceedings against the Assured .
" Claims Expenses " means:
fees charged by an attorney designated by Underwriters and consented to by the Named Assured , with such consent not to be unreasonably withheld; and
all other fees, costs and expenses resulting from the investigation, adjustment, defense and appeal of a Claim , suit or proceeding arising in connection therewith, if incurred by the Underwriters , or by the Assured with the written consent of the Underwriters .
Claims Expenses do not include any salary, overhead or other charges by the Assured for any time spent in co-operating in the defense and investigation of any Claim or circumstance which might lead to a Claim notified under this Insurance.
" Damages " means a monetary judgment, award or settlement, including pre-judgment interest as well as post-judgment interest that accrues after entry of judgment but before Underwriters have paid, offered to pay or deposited in court that part of judgment within the applicable Limit of Liability .
However, Damages shall not include any amounts for which the Assured is not financially liable or for which there is no legal recourse against the Assured , the costs and expenses of complying with any injunctive or other form of equitable relief, the reimbursement of fees, punitive or exemplary damages, damages calculated as a multiple or compensatory damages, the payment of fines, penalties and sanctions, or any other matters that may be deemed uninsurable under the law.
" Extended Reporting Period ", if applicable, means the 12 month period of time after the end of the Period of Insurance for reporting Claims arising out of acts, errors or omissions which take place prior to the end of the Period of Insurance and otherwise covered by this Insurance.
" Patent Practitioner " means one who provides any of the following services to others for a fee:
conducting patent searches;
rendering opinions regarding patentability;
preparing patent applications;
filing patent applications;
prosecuting patent applications before the United States Patent and Trademark Office;
performing Patent Cooperation Treaty filings;
performing liaison services with other patent attorneys and/or agents registered to practice outside the United States of America, where the liaison services relate to obtaining or maintaining patent protection, and/or filing patent related documents, in the country or jurisdiction where the other patent attorney or agent is registered to practice.
recording patent assignments or patent licensing agreements; and
performing patent maintenance filings.
For purposes of this Insurance , the services performed by a " Patent Practitioner " do not include the following:
rendering opinions regarding the scope, validity or enforceability of any existing or pending patent for purposes of determining whether certain activities would constitute actionable patent infringement; or
rendering any services in any other trade, business or profession, including without limitation, the rendition of professional legal services to others in an attorney-client relationship, with the exception of those services specifically defined as Professional Services herein.
" Period of Insurance " means the period of time between the inception date shown in the Declarations and the effective date of termination, expiration or cancellation of this Insurance and specifically excludes any Extended Reporting Period hereunder.
" Personal Injury " means:
false arrest, detention or imprisonment, wrongful entry or eviction or other invasion of the right of private occupance, or malicious prosecution; and/or
libel or slander or other defamatory or disparaging material, or a publication or an utterance in violation of an individual's right of privacy.
" Professional Services " means services provided by an Assured on behalf of the Named Assured to others for a fee, unless acting as a volunteer or in an official pro bono capacity, in any of the following capacities:
Expert Witness, but only with respect to the Assured's intellectual property knowledge and experience.
Patent Practitioner.
" Underwriters " means those certain underwriters at Lloyd's of London subscribing to this Policy as set forth on the List of Lloyd's Syndicates issued herewith.
LIMIT OF LIABILITY
The Limit of Liability stated in the Declarations as "per Claim" is the limit of the Underwriters ' liability for all Damages and Claims Expenses arising out of the same, related or continuing Professional Services without regard to the number of Assureds , Claims or claimants.
The Limit of Liability stated in the Declarations as "Aggregate" is the total limit of the Underwriters ' liability for all Damages and Claims Expenses arising out of Claims or circumstances which might lead to a Claim first made and reported to the Underwriters during the Period of Insurance or during the Extended Reporting Period and Claims arising out of the same, related or continuing Professional Services as such Claims or circumstances which might lead to a Claim .
The Limit of Liability for the Extended Reporting Period shall be part of, and not in addition to, the Limits of Liability of the Underwriters for the Period of Insurance .
In the event that Underwriters agree to pay Claims Expenses solely pursuant to the defense provision contained in section IV.A of this Policy , the applicable per Claim limit of Underwriters ' liability for all Claims Expenses arising out of the same, related or continuing Professional Services without regard to the number of Assureds , Claims or claimants shall be twenty-five percent (25%) of the Limit of Liability denoted in the Declarations as "per Claim".
DEDUCTIBLE
The Deductible amount stated in the Declarations, shall be satisfied by payments by the Assured of Damages and Claims Expenses resulting from each Claim first made and reported to the Underwriters during the Period of Insurance and the Extended Reporting Period as a condition precedent to the payment by the Underwriters of any amounts hereunder and the Underwriters shall be liable only for amounts in excess of such Deductible subject to Underwriters ' total liability not exceeding the limit set forth in Item 3 of the Declarations. The Assured shall make direct payments within the Deductible to appropriate other parties designated by the Underwriters .
INNOCENT ASSURED
Whenever coverage under this Insurance would be excluded, suspended or lost:
because of any exclusion relating to criminal, dishonest, fraudulent or malicious acts, errors or omissions by any Assured , and with respect to which any other Assured did not personally participate or personally acquiesce or remain passive after having personal knowledge thereof, or
because of non-compliance with Clause XI Notice of Claim or Circumstance that may lead to a Claim , with respect to which any other Assured shall be in default solely because of the failure to give such notice or concealment of such failure by one or more Assureds responsible for the loss or damage otherwise insured hereunder,
the Underwriters agree that such insurance as would otherwise be afforded under this Policy shall cover and be paid with respect to those Assureds who did not personally commit or personally participate in committing or personally acquiesce in or remain passive after having personal knowledge of (a) one or more of the acts, errors or omissions described in any such exclusion; or (b) such failure to give notice, provided that if the condition be one with which such Assured can comply, after receiving knowledge thereof, the Assured entitled to the benefit of Clause VIII shall comply with such condition promptly after obtaining knowledge of the failure of any other Assured hereunder to comply therewith.
With respect to this provision, the Underwriters ' obligation to pay in such event shall be in excess of the Deductible and in excess of the full extent of any assets of any Assured to whom the exclusion applies. In no event shall the Underwriters ' obligation to pay exceed the Limit of Liability stated in Item 3 of the Declarations. Additionally, in no event shall the Underwriters ' obligation to pay exceed the Limit of Liability stated in Clause VI.D of the Policy.
EXTENDED REPORTING PERIOD
Extended Reporting Period Options
Automatic Extended Reporting Period
If Underwriters or the Assured shall cancel or elect not to renew this policy, the Named Assured designated in Item 1 of the Declarations shall have the right following the effective date of such cancellation or non-renewal to a period of sixty (60) days (herein referred to as the "Automatic Extended Reporting Period ") in which to give written notice to Underwriters of Claims first made against the Assured during the Automatic Extended Reporting Period for any wrongful act occurring prior to the end of the policy period and otherwise covered by this Policy . The Automatic Extended Reporting Period shall not apply to Claims that are covered under any subsequent insurance you purchase or which is purchased for the Assured's benefit, or that would be covered by such subsequent insurance but for: (1) the exhaustion of the amount of insurance applicable to such Claims; or (2) any applicable retention or deductible.
Optional Extended Reporting Period
In the event of cancellation or non-renewal of this Insurance by Underwriters or the Assured , the Named Assured designated in Item 1 of the Declarations shall have the right, upon payment in full and not proportionally or otherwise in part of 130% of the Premium set forth in Item 5 of the Declarations to have issued an endorsement providing a 12-month Extended Reporting Period for Claims first made against any Assured and reported to the Underwriters during the Extended Reporting Period , subject to the conditions set forth in the definition of Extended Reporting Period herein.
Optional Retirement Extended Reporting Period
In the event of non-renewal of this Insurance because of retirement (where the Named Assured permanently ceases to render Professional Services ) by the Named Assured designated in Item 1 of the Declarations, provided that the Named Assured is a sole practitioner, the Named Assured shall have the right to have issued an endorsement providing a 12 months Extended Reporting Period for Claims first made against any Assured and reported to the Underwriters during the Extended Reporting Period , subject to the conditions set forth in the definition of Extended Reporting Period herein.
The calculation of the additional premium for the Extended Reporting Period endorsement shall be as follows:
For Assureds who have purchased insurance coverage under this program for a period of three consecutive years or less -- an additional premium of one hundred percent (100%) of the expiring annual policy premium.
For Assureds who have purchased insurance coverage under this program for a period of four consecutive years -- an additional premium of ninety percent (90%) of the expiring annual policy premium.
For Assureds who have purchased insurance coverage under this program for a period of five consecutive years -- an additional premium of eighty percent (80%) of the expiring annual policy premium.
For Assureds who have purchased insurance coverage under this program for a period of six consecutive years -- an additional premium of seventy percent (70%) of the expiring annual policy premium.
For Assureds who have purchased insurance coverage under this program for a period of seven consecutive years -- an additional premium of sixty percent (60%) of the expiring annual policy premium.
For Assureds who have purchased insurance coverage under this program for a period of eight or more consecutive years -- an additional premium of fifty percent (50%) of the expiring annual policy premium.
In order for the Named Assured to invoke the Extended Reporting Period option, the payment of the premium for the Extended Reporting Period must be paid to Underwriters within 30 days of the non-renewal or cancellation.
The Limit of Liability for the Extended Reporting Period shall be part of, and not in addition to, the Limits of Liability of the Underwriters for the Period of Insurance .
The quotation by Underwriters of a different premium or deductible or limits of liability or changes in policy language for the purpose of renewal shall not constitute a refusal to renew by the Underwriters .
The right to the Extended Reporting Period shall not be available to the Named Assured where cancellation or non-renewal by the Underwriters is due to non-payment of premium or failure of an Assured to pay such amounts in excess of the applicable Limit of Liability or within the amount of the applicable Deductible .
All notices and premium payments with respect to the Extended Reporting Period option shall be directed to Underwriters through the entity named in Item 9 of the Declarations.
At the commencement of the Extended Reporting Period the entire premium shall be deemed earned, and in the event the Named Assured terminates the Extended Reporting Period for any reason prior to its natural expiration, Underwriters will not be liable to return any premium paid for the Extended Reporting Period .
OTHER INSURANCE
This insurance shall apply in excess of any other valid and collectible insurance available to any Assured , unless such other insurance is written only as specific excess insurance over the Limit of Liability of this Policy .
NOTICE OF CLAIM, OR CIRCUMSTANCE THAT MAY LEAD TO A CLAIM
If any Claim is made against the Assured , the Assured shall immediately forward to Underwriters through persons named in Item 7 of the Declarations every demand, notice, summons or other process received by him or his representative.
If during the Period of Insurance the Assured first becomes aware of any act, error or omission that could reasonably be the basis for a Claim it must give written notice to Underwriters through persons named in Item 7 of the Declarations during the Period of Insurance of:
the specific act, error or omission; and
the injury or damage which may result or has resulted from the act, error or omission; and
the circumstance by which the Assured first became aware of the act, error or omission.
Any subsequent Claim made against the Assured which is the subject of the written notice shall be deemed to have been made at the time written notice was first given to Underwriters .
A Claim shall be considered to be reported to the Underwriters when notice is first given to Underwriters through persons named in Item 7 of the Declarations of the Claim or of an act, error or omission which could reasonably be expected to give rise to a Claim .
All Claims arising out of the same, continuing or related Professional Services shall be considered a single Claim and deemed to have been made at the time the first of the related Claims is reported to Underwriters and shall be subject to one Limit of Liability .
In the event of non-renewal of this Insurance by the Underwriters , the Assured shall have sixty (60) days from the expiration date of the Period of Insurance to notify Underwriters of Claims made against the Assured during the Period of Insurance which arises out of any act, error or omission which took place prior to the termination date of the Period of Insurance and otherwise covered by this Insurance.
If any Assured shall make any Claim under this Policy knowing such Claim to be false or fraudulent, as regards amount or otherwise, this Policy shall become null and void and all coverage hereunder shall be forfeited.
ASSISTANCE AND COOPERATION OF THE ASSURED
The Assured shall co-operate with the Underwriters in all investigations, including investigations regarding the application and coverage under this Insurance and, upon the Underwriters ' request, assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization other than an employee of any Assured who may be liable to the Assured because of acts, errors or omissions with respect to which insurance is afforded under this Policy ; and the Assured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The Assured shall not, except at his own cost, admit liability, make any payment, assume any obligation, incur any expense, enter into any settlement, stipulate to any judgment or award or otherwise dispose of any Claim without the consent of the Underwriters .
ACTION AGAINST UNDERWRITERS
No action shall lie against the Underwriters unless, as a condition precedent thereto, there shall have been full compliance with all terms of this Insurance , nor until the amount of the Assured's obligation to pay shall have been finally determined either by judgment or award against the Assured after actual trial or arbitration or by written agreement of the Assured , the claimant and the Underwriters .
Any person or organization or the legal representative thereof who has secured such judgment, award or written agreement shall thereafter be entitled to make a Claim under this Policy to the extent of the insurance afforded by this Policy . No person or organization shall have any right under this Insurance to join the Underwriters as a party to an action or other proceeding against the Assured to determine the Assured's liability, nor shall the Underwriters be impleaded by the Assured or his legal representative.
Bankruptcy or insolvency of the Assured or of the Assured's estate shall not relieve the Underwriters of any of their obligations hereunder.
SUBROGATION
In the event of any payment under this Insurance , the Underwriters shall be subrogated to all the Assured's rights of recovery therefor against any person or entity and the Assured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Assured shall do nothing after the payment of Damages by Underwriters to prejudice such rights.
CHANGES
Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this Insurance or estop the Underwriters from asserting any right under the terms of this Insurance ; nor shall the terms of this Insurance be waived or changed, except by endorsement issued to form a part of this Insurance , signed by Underwriters .
CHANGE IN MEMBERSHIP OF FIRM
Any additions to the list of Patent Practitioners in the application which take place during the Period of Insurance must be immediately reported to Underwriters in the event that:
the total number of new Patent Practitioners brought into or added to the firm during the Period of Insurance increases the number of Patent Practitioners as stated in the application for coverage by 20% of the total number of Patent Practitioners listed in the application; or
any Patent Practitioner brought into or added to the firm during the Period of Insurance had been or was in the process of being reprimanded or censured by any court or association body or disqualified or prohibited from practicing in a specified area of Professional Services ; or
prior to joining the firm, any Claim had been made against the Patent Practitioner or the Patent Practitioner had become aware of circumstances that might lead to a Claim .
Underwriters expressly reserve the right to demand a premium adjustment in the event that any additions to the list of Patent Practitioners in the application for this Insurance meet the criteria set forth in the paragraphs immediately above.
MERGERS AND ACQUISITIONS
The Named Assured shall be required to give written notice to the Underwriters prior to the completion of a merger or acquisition by or of the Named Assured and Underwriters expressly reserve the right to demand a premium adjustment if this Insurance is to remain in force subsequent to any merger or acquisition.
ASSIGNMENT
The interest hereunder of any Assured is not assignable. If the Assured shall die or be adjudged incompetent, this Insurance shall cover the Assured's legal representative as the Assured with respect to liability previously incurred and covered by this Insurance .
CANCELLATION
This Policy may be canceled by the Named Assured by surrender thereof to Underwriters or by mailing to Underwriters written notice stating when thereafter the cancellation shall be effective. This Insurance may be canceled by the Underwriters by mailing to the Named Assured at the address shown in the Declarations written notice stating when, not less than 60 days thereafter, such cancellation shall be effective. However, if the Underwriters cancel this Insurance because the Assured has failed to pay a premium when due this Insurance may be canceled by the Underwriters by mailing a written notice of cancellation to the Named Assured at the address shown in the Declarations stating when, not less than 10 days thereafter, such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the Period of Insurance . Delivery (where permitted by law) of such written notice either by the Named Assured or by the Underwriters shall be equivalent to mailing.
If the Named Assured cancels this Insurance , earned premium shall be computed in accordance with the short rate table and procedure contained in section XXIII of this Policy . If the Underwriters cancel this Insurance , earned premium shall be computed pro rata. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation.
ENTIRE CONTRACT
By acceptance of this Policy the Assured agrees that the statements in the Declarations and application are his agreements and representations, that this Insurance is issued in reliance upon the truth of such representations and that this Policy embodies all agreements existing between the Assured and the Underwriters relating to this Insurance .
NUCLEAR INCIDENT EXCLUSION CLAUSE - LIABILTIY - DIRECT
This Policy does not apply:
Under any liability coverage, to injury, sickness, disease, death or destruction:
with respect to which an Assured under the Policy is also an Assured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an assured under any such policy but for its termination upon exhaustion of its limit of liability; or
resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the Assured is, or had this Policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization.
Under any medical payments coverage, or under any supplementary payments provision relating to immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization.
Under any liability coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if:
the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an Assured or (2) has been discharged or dispersed therefrom;
the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an Assured ; or
the injury, sickness, disease, death or destruction arises out of the furnishing by an Assured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion 3 applies only to injury to or destruction of property at such nuclear facility.
As used in this Clause (XXI):
"hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or by-product material; "source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing by-product material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph 1 or 2 thereof; "nuclear facility" means:
any nuclear reactor,
any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste,
any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the Assured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235,
any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations;
"nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property.
It is understood and agreed that, except as specifically provided in the foregoing to the contrary, this clause is subject to the terms, exclusions, conditions and limitations of the Policy of which it is a part.
In relation to liability arising outside the USA, its Territories or Possessions, Puerto Rico or the Canal Zone, the Policy does not cover any liability of whatsoever nature directly or indirectly caused by or
contributed to by or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel.
SERVICE OF SUIT
It is agreed that in the event of the failure of the Underwriters to pay any amount claimed to be due under this Insurance , the Underwriters , at the request of the Named Assured , will submit to the jurisdiction of a court of competent jurisdiction within the United States. This clause does not constitute and should not be understood to constitute an agreement by Underwriters that an action is properly maintained in a specific forum, nor may it be construed as a waiver of the Underwriters ' rights to commence an action in a court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any State of the United States, all of which rights the Underwriters expressly reserve. It is further agreed that service of process in such suit may be made upon the persons named in Item 8 of the Declarations and that in any suit instituted against any one of them upon this policy the Underwriters will abide by the final decision of such court or of any Appellate Court in the event of an appeal.
The persons named in Item 8 of the Declarations are authorized and directed to accept service of process on behalf of the Underwriters in any such suit and/or upon the request of the Named Assured to give written undertaking to the Named Assured that they will enter a general appearance upon Underwriters ' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, Underwriters hereon hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Named Assured or any beneficiary hereunder arising out of this Policy of Insurance , and hereby designate the persons named in Item 8 of the Declarations as the persons to whom the said officer is authorized to mail such process or a true copy thereof.
SHORT RATE CANCELLATION TABLE
Notwithstanding anything to the contrary contained herein and in consideration of the premium for which this Insurance is written it is agreed that in the event of cancellation thereof by the Assured the earned premium shall be computed as follows:
For insurance written for one year:
Days In Force
%
Days In Force
%
Days In Force
%
Days In Force
%
1 5 66-69 29 154-156 53 256-260 77
2 6 70-73 30 157-160 54 261-264 78
3-4 7 74-76 31 161-164 55 265-269 79
5-6 8 77-80 32 165-167 56 270-273 (9 months) 80
7-8 9 81-83 33 168-171 57 274-278 81
9-10 10 84-87 34 172-175 58 279-282 82
11-12 11 88-91 (3 months) 35 176-178 59 283-287 83
13-14 12 92-94 36 179-182 (6 months) 60 288-291 84
15-16 13 95-98 37 183-187 61 292-296 85
17-18 14 99-102 38 188-191 62 297-301 86
19-20 15 103-105 39 192-196 63 302-305 (10 months) 87
21-22 16 106-109 40 197-200 64 306-310 88
23-25 17 110-113 41 201-205 65 311-314 89
26-29 18 114-116 42 206-209 66 315-319 90
30-32 (1 month) 19 117-120 43 210-214 (7 months) 67 320-323 91
33-36 20 121-124 (4 months) 44 215-218 68 324-328 92
37-40 21 125-127 45 219-223 69 329-332 93
41-43 22 128-131 46 224-228 70 333-337 (11 months) 94
44-47 23 132-135 47 229-232 71 338-342 95
48-51 24 136-138 48 233-237 72 343-346 96
52-54 25 139-142 49 238-241 73 347-351 97
55-58 26 143-146 50 242-246 (8 months) 74 352-355 98
59-62 (2 months) 27 147-149 51 247-250 75 356-360 99
63-65 28 150-153 (5 months) 52 251-255 76 361-365 (12 months) 100
% = Percentage of annual premium deemed earned
For insurances written for more or less than one year:
If insurance has been in force for 12 months or less, apply the standard short rate table for annual insurances to the full annual premium determined as for an insurance written for a term of one year.
If insurance has been in force for more than 12 months:
Determine full annual premium as for an insurance written for a term of one year.
Deduct such premium from the full insurance premium, and on the remainder calculate the pro rata earned premium on the basis of the ratio of the length of time beyond one year the insurance has been in force to the length of time beyond one year for which the insurance was originally written.
Add premium produced in accordance with items a and b to obtain earned premium during full period insurance has been in force.
PPL Policy Form (11/15)