All Rights Reserved
any educational facility that is owned or operated
by you.
9. Trained Lay counselor means your leader ,
your appointed person or your employee (other
than a pastoral counselor):
a. who has been trained to counsel others; and
b. who is specifically authorized by you or your
leaders to engage in counseling acts on
behalf of your organization.
ADDITIONAL COVERAGES
Subject to the applicable terms of coverage, we
provide insurance for the following Additional
Coverages.
For purposes of the Additional Coverages set forth
herein, covered person means you; and your
leaders, your pastoral counselors , your trained
lay counselors , your employees, your appointed
persons, and your volunteers, but only while acting
on your behalf, for your benefit, and within the scope
of their delegated authority. The above-named
covered persons will be considered insureds for
the Additional Coverages provided herein.
COUNSELING ACTS LIABILITY
COVERAGE
We pay all sums which a covered person becomes
legally obligated to pay as damages due to bodily
injury, emotional injury or personal injury to which
this coverage applies. The event or events causing
the bodily injury or emotional injury:
a. must constitute a counseling act undertaken
on your behalf by a covered person in
person, by telephone, or over the internet;
and
b. must be an occurrence taking place in the
coverage territory during the policy period.
The event or events causing the personal injury;
a. must constitute, or arise directly from, a
counseling act undertaken on your behalf
by a covered person in person, by
telephone, or over the internet; and
b. must take place in the coverage territory
during the policy period.
This Additional Coverage does not apply, however, if
the bodily injury , emotional injury or personal
injury arises out of any discriminatory act.
OUTSIDE COUNSELING
REIMBURSEMENT COVERAGE
We will reimburse you up to $5,000 for counseling
expense you pay to an outside counseling
provider on behalf of a counselee who has first
counseled by a covered person, but only if:
a. the counselee alleges that such counseling
resulted in emotional injury to the
counselee;
b. the counseling undertaken through your
organization took place in the coverage
territory during the policy period;
c. the outside counseling provider is selected
by you or your leader; and
d. the outside counseling provider bases its
counseling practice on spiritual, religious or
Biblical principles.
We will reimburse such counseling expense
regardless of fault, but only if it is incurred and
submitted within one year of the date of the last
counseling session that the counselee had with your
covered person.
Limitation of Coverage:
The Outside Counseling Reimbursement Coverage
of this endorsement covers only certain reasonable
and necessary counseling expenses, and does not
apply to emotional injury arising directly or indirectly out of any sexual act. The payment of a counseling
expense under the Outside Counseling
Reimbursement Coverage of this endorsement does
not mean that we admit we are liable under other
coverages of the policy.
EXCLUSIONS
Each of the exclusions set forth in the Exclusions
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11) apply to each of the Additional
Coverages provided by this endorsement, unless
otherwise modified herein. The following exclusions
apply only to the Additional Coverages of this
endorsement.
1. We do not pay for loss of any kind:
a. sustained by any covered person , by your
job applicant, or by any person who is
04M5A0494326
BGL-63 (4.1) Copyright, 2016 Brotherhood Mutual Insurance Co. Page 3 of 5 All Rights Reserved
employed by you (or who has been hired by
you) at the time that the counseling takes
place;
b. resulting from any act(s) that violate any
local, state, or federal criminal or
racketeering statute; or
c. arising directly or indirectly out of or in
connection with any actual or alleged sexual
act, assault or battery.
But if Sexual Acts coverage is properly shown on
the declarations, then we will provide the
coverage afforded in the applicable Sexual Acts
Liability Coverage endorsement to the covered
persons covered herein for emotional injury
arising out of a sexual act, but strictly subject to
the terms and limits of the Sexual Acts
endorsement, and subject also to each of the
conditions and other exclusions of this
Counseling Acts Liability Coverage endorsement.
2. We do not pay for loss of any kind arising directly
or indirectly out of or in connection with
professional counseling activity , other than a
covered person's legal liability for emotional
injury arising out of the referral of an individual to
an outside counseling provider.
3. We do not pay for loss of any kind arising directly
or indirectly out of or in connection with school
counseling activity of any kind, or for any loss
sustained by your student.
4. We do not pay for loss of any kind on behalf of
any covered person unless such person is
authorized by you to engage in counseling
activity. We will, however, cover the legal liability
of other covered persons in connection with
unauthorized counseling activity if such activity is
otherwise covered by this endorsement.
5. We do not pay for loss of any kind arising directly
or indirectly out of or in connection with any
dishonest, deceptive or fraudulent act or
omission.
6. We do not pay for loss of any kind arising directly
or indirectly out of or in connection with the
rendering of medical or physical treatment, or the
furnishing of prescription or non-prescription
drugs or medical supplies.
7. We do not pay for loss of any kind arising directly
or indirectly out of or in connection with the
rendering of legal, medical, financial or other
advice that is outside the scope of psychological
or spiritual counseling. But this exclusion does
not apply to emotional injury arising out of
incidental financial counseling activity
conveyed during the course of scheduled
counseling sessions or sponsored group
seminars.
8. We do not pay for loss of any kind arising directly
or indirectly out of or in connection with the
commitment of a counselee or any other person
to any mental health institution.
9. We do not pay for personal injury of any kind if
the personal injury arises out of:
a. the publication of material by a covered
person, if the covered person publishes the
material knowing that it is false; or
b. the publication of information through any
advertising, publishing, broadcasting or
telecasting operation or facility which is
owned or operated by you.
10. We do not pay for any fines or non-compensatory
penalties, or for any exemplary or punitive
damages awarded in any legal proceeding if the
legal proceeding is based in whole or in part
upon any counseling act.
11. None of the Additional Coverages of this
endorsement provide coverage for financial
damage of any kind, even if such damage should
arise out of incidental financial counseling
activity.
HOW MUCH WE PAY
Each of the provisions set forth in the How Much We
Pay section of the Liability and Medical Coverage
Form (BGL-11) apply to the Additional Coverages
provided by this endorsement, unless otherwise
modified herein. The following modifications apply to
the Additional Coverages of this endorsement.
1. If any loss to which this coverage applies arises
directly or indirectly out of or in connection with
any sexual act, then the limits applying to such
loss will be strictly limited to the Sexual Acts
coverage limits shown in the declarations, and
the How Much We Pay provisions of the Sexual
Acts Liability Coverage endorsement will apply.
If no such limit is shown in the declarations,
then no coverage will be provided for any loss
arising out of such sexual act.
2. The Coverage Limit shown in the declarations
for Counseling Acts coverage, subject to the
General Occurrence Limit, the Coverage
Aggregate Limit and the General Aggregate
04M5A0494326
All Rights Reserved
Limit, is the most we will pay for all losses
arising out of an occurrence to which the
Additional Coverages of this endorsement apply.
This Coverage Limit is the most we will pay
regardless of:
a. the number of persons or entities to whom
this policy provides coverage;
b. the number of losses or related losses
arising directly or indirectly out of one or
more related acts, errors, omissions,
decisions, incidents, events or breaches of
duty;
c. the number of persons acted upon, or who
otherwise sustain injury, damage or loss;
d. the number of claims made or suits brought,
or the number of persons initiating such
claims or suits;
e. the number of counseling acts or other acts,
errors, omissions, decisions, incidents,
events, or breaches of duty contributing to
injury, damage or loss;
f. the extent or duration of the injury, loss, or
related loss;
g. the extent or duration of the counseling
activity or the number of acts, errors or
omissions, decisions, incidents, events or
breaches of duty contributing to the injury,
damage or loss; or
h. the number of our policy periods , or
portions thereof, over which any acts, errors,
omissions, decisions, incidents, events, or
breaches of duty contributing to injury,
damage or loss should occur; or over which
the injury, loss or related loss should occur.
3. The Coverage Aggregate Limit shown in the
declarations for Counseling Acts coverage,
subject to the General Aggregate Limit, is the
most we will pay under the Additional Coverages
of this endorsement, for all occurrences taking
place during the period to which the Coverage
Aggregate Limit applies [as described in
Provision 8 of The How Much We Pay section of
the Liability and Medical Coverage Form (BGL-
11)].
4. If an occurrence to which any Liability Coverage
of this policy applies consists of counseling
activity occurring on more than one date during
any policy period or policy periods , such
activity, together with any related loss , will
constitute a single occurrence, and the date of
occurrence will be considered to be the earlier
of:
a. the date on which the last alleged
counseling act out of which the claim arises
should occur; or
b. the last day that we provided any coverage
to you for such act.
The policy forms, endorsements and limits in
effect on the date of occurrence will govern
coverage with respect to all claims arising directly
or indirectly out of the occurrence.
5. We will pay no more than $5,000 per counselee
under the Outside Counseling Reimbursement
Coverage for emotional injury to which such
coverage applies. The reimbursement coverage
of this endorsement will apply in addition to the
liability coverage herein.
6. Any coverage provided by this policy to any
covered person of this endorsement is excess
over all other professional counseling liability
insurance or other liability insurance or coverage
plans, even if such insurance or plan is stated to
be secondary, excess or contingent, or has
coverage available that is not elected to be used.
7. Any coverage provided by this policy to any
appointed person or volunteer is excess over
all other insurance or liability coverage plans,
even if such insurance or plan is stated to be
secondary, excess or contingent; or has
coverage available that is not elected to be used.
CONDITIONS
Each of the conditions set forth in the Exclusions
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11) apply to each of the Additional
Coverages provided by this endorsement, unless
otherwise modified herein. The following condition
also applies to the Additional Coverages of this
endorsement.
1. Representations: By accepting this Coverage
Endorsement, you agree:
a. the entries pertaining to this coverage on the
declarations page are based upon
representations which you or any insured
have made to us in respect to this coverage;
and
b. we have issued this Coverage Endorsement
in reliance upon such representations.
04M5A0494326
BGL-63 (4.1) Copyright, 2016 Brotherhood Mutual Insurance Co. Page 5 of 5 All Rights Reserved
OTHER PROVISIONS
All other provisions of the Commercial Liability
Coverage Form (GL-100) and the Liability and
Medical Coverage Form (BGL-11), apply to this
endorsement, unless otherwise modified herein.
04M5A0494326
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04M5A0494326
BGL-89 CA (4.8) Copyright, 2020 Brotherhood Mutual Insurance Co. Page 1 of 5 All Rights Reserved
This Liability Defense Coverage Endorsement is subject to the terms of the Commercial Liability Coverage Form (GL-100) and the Liability and Medical Coverage Form (BGL-11). Only one liability coverage (Principal, Supplemental, or Additional) will apply to an occurrence and any related loss. No payment is provided by this endorsement for any judgment, award, penalty, verdict or loss.
THIS INSURANCE ENDORSEMENT FORMS PART OF YOUR POLICY CONTRACT.
PLEASE READ IT CAREFULLY.
MINISTRY OPERATIONS
LEGAL LIABILITY DEFENSE REIMBURSEMENT COVERAGE
- RELIGIOUS AND NOT-FOR-PROFIT ORGANIZATIONS -
Note: This endorsement is intended to reimburse certain legal defense costs related to a variety of lawsuits that are not typically covered by insurance policies. The reimbursement limits are stated in the How Much We Pay section of this form.
AGREEMENT
We provide the Additional Coverage described in this
endorsement, but only if Defense Reimbursement
coverage is properly designated in the declarations
of this policy, and only if you are a ministry
organization or a camp.
DEFINITIONS
Each of the words or phrases defined in the Definition
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11), apply to this endorsement, unless
otherwise modified herein. The following definitions
apply only to the Additional Coverage of this
endorsement.
1. Covered lawsuit means:
A civil lawsuit, civil administrative proceeding,
formal mandatory civil arbitration proceeding or
similar civil action or proceeding alleging one or
more of the following:
a. discriminatory acts directed against your
past or present employee or job applicant; or
b. personal injury or emotional injury
sustained by your past or present employee
or job applicant; or
c. bodily injury sustained by your employee,
but only if such employee is not acting in the
course and scope of employment at the time
of injury; or
d. discipline or dismissal of your employee; or
e. sexual acts or sexual harassment directed
against your employee; or
f. financial damage arising directly out of the
errors or omissions of your leaders in their
leadership capacity, but only with respect to
a civil lawsuit in which your leader or
leaders are named as defendant(s); or
g. the failure to procure or maintain insurance of
any kind, or to properly administer any
employment benefit program; or
h. breach of contract, whether express or
implied; or
i. the unintentional violation of any law relating
to the regulation of securities or investment
programs; or
j. disputes involving the existence, validity or
extent of title to your property; or
k. the rendering of, or failure to render, any
financial or investment advice, other than to
your employees; or
l. wrongful acts for which equitable relief is
sought; or
m. malicious prosecution and/or wrongful
imprisonment; or
04M5A0494326
BGL-89 CA (4.8) Copyright, 2020 Brotherhood Mutual Insurance Co. Page 2 of 5 All Rights Reserved
n. a civil action or a government hearing related
to the actual or potential transmission of any
widespread infectious disease that has been
categorized as a public health emergency by
any governmental body.
More than one such civil lawsuit, proceeding,
action (or appeal thereof), arising out of the same
or related incidents, allegations or events will be
considered a single covered lawsuit.
2. Covered person means you; and your leaders,
your employees and your appointed persons ,
but only while acting on your behalf and within
the scope of their delegated authority.
3. Defense costs means reasonable and
necessary legal fees, costs, and expenses
charged by a law firm or an attorney that are
directly related to the legal defense of a person
against whom a proceeding is directed.
ADDITIONAL COVERAGES
Subject to the applicable terms of coverage, we
provide insurance for the following Additional
Coverages.
For purposes of the Additional Coverages set forth
herein, covered person means you; and your
leaders, your employees and your appointed
persons, but only while acting on your behalf and
within the scope of their delegated authority. The
above-named covered persons will be considered
insureds for the Additional Coverages provided
herein.
LEGAL LIABILITY DEFENSE
REIMBURSEMENT COVERAGE
We will reimburse those defense costs incurred by a
covered person who is named as a defendant in a
covered lawsuit to which this coverage applies. The
covered lawsuit must be filed or formally initiated in
the basic territory during the policy period . The
event or events upon which the covered lawsuit is
based:
a. must arise out of the operations of your
religious or not-for-profit organization; and
b. must be an occurrence taking place at a
time that we provided premises/operations
liability insurance to your organization.
This coverage is provided subject to the
proceeding limits set forth in the How Much We
Pay section of this endorsement.
The Additional Coverage of this endorsement will not
be provided if other liability coverage applies to a
lawsuit; and submission of a Coverage Request
under the terms of this endorsement will waive all
other liability coverages of our policy or policies with respect to such lawsuit.
EXCLUSIONS
The following exclusions apply to the Additional
Coverage of this endorsement.
1. We do not pay for any defense costs associated
with any Workers' Compensation proceeding or
any covered lawsuit based in whole or in part
upon bodily injury sustained by your employee
while in the course and scope of employment
with your organization.
2. We do not pay for any defense costs associated
with any covered lawsuit based in whole or in
part upon any loss sustained by any covered
person. Nor do we pay for any defense costs
associated with any lawsuit or proceeding filed by
any covered person against you or against any
other covered person . But this exclusion does
not apply to civil claims of your employees that
are based on employment-related incidents or
events.
3. We do not pay for any defense costs associated
with any small claims court proceeding, unless
the covered person named as a defendant in
such proceeding is required by law to retain an
attorney in order to defend the small claims
action.
4. We do not pay for defense costs related to the
appeal of any covered lawsuit if such appeal is
initiated by the covered person.
5. We do not pay for defense costs associated
with:
a. any prior claim; or
b. any covered lawsuit filed or initiated after
the Additional Coverage herein takes effect,
if such lawsuit and any prior claim are
based upon the same loss or upon a related
loss; or
04M5A0494326
BGL-89 CA (4.8) Copyright, 2020 Brotherhood Mutual Insurance Co. Page 3 of 5 All Rights Reserved
c. any lawsuit which, on the inception date of
this endorsement, has been discussed by
your leaders , presented or threatened by
another party, or is otherwise known of,
anticipated or expected by your leader or by
the covered person who is a subject of the
lawsuit; or
d. any lawsuit that is filed or commenced within
60 days of the inception date of this
endorsement.
6. We do not pay for any defense costs associated
with any dispute within your organization
regarding who has the right to govern or control
the organization or who controls or owns your
organizational property or assets.
WHAT MUST BE DONE IN THE EVENT OF
A PROCEEDING
1. Coverage Request:
No coverage will be available under the
Additional Coverage of this endorsement until we
receive a written request for coverage (Coverage
Request) by or on behalf of the covered person
who is the subject of the proceeding. The
Coverage Request must acknowledge that none
of the liability coverage of any of our policies
apply to the covered person with respect to
such proceeding.
2. Selection of Counsel:
Covered persons against whom a covered
lawsuit is directed have both the right and duty
to select and retain legal counsel. We will not be
responsible for any actual or alleged deficiency or
delay relating to the legal defense afforded by
such counsel.
3. Waiver of Coverage:
Selection of counsel by a covered person will be
deemed to prejudice us with respect to the
defense of any related covered lawsuit .
Accordingly, any payment made under this
endorsement will act to waive coverage with
respect to the covered person under all other
liability coverages (Principal, Supplemental and
Additional) of this policy, and any of our other
policies, with respect to the allegations of the
covered lawsuit . Submission of a Coverage
Request, as provided above, will be considered
an acknowledgement of such waiver of liability
coverage.
4. Duty to Cooperate:
Any covered person seeking coverage under
this endorsement must cooperate with us and
must, upon our request, assist us in settling any
covered lawsuit to which the Additional
Coverage of this endorsement applies.
CONDITIONS
1. Limitation of Coverage:
This endorsement covers only certain specified
legal fees, costs, and expenses. Nothing in this
endorsement shall be construed to obligate us in
any way to pay for any actual or alleged damage,
injury or loss sustained by any person or entity,
or to pay for any related fine, penalty, judgment
or award that arises directly or indirectly out of
any lawsuit or other proceeding.
2. Initiation of Coverage:
We will pay no legal cost incurred prior to the
latter of:
a. the date on which we receive a written
Coverage Request under the terms of this
endorsement; or
b. the date on which the covered lawsuit is
filed or otherwise initiated.
We will, however, reimburse covered defense
costs incurred on or after the date that we first
receive from you notice that a covered lawsuit
has been filed. If covered, such retroactive
payment will be made, however, only after we
receive a Coverage Request from you, and will
be made subject to all of the terms of this
endorsement.
3. Settlement:
By providing the Defense Coverage of this
endorsement, we undertake no obligation of any
kind to contribute toward the settlement of any
lawsuit or proceeding. We maintain the right,
however, to use any remaining amount of the
Proceeding Limit of the Additional Coverage
herein to settle, or to contribute toward the
settlement of, any covered lawsuit. We will not
settle any lawsuit on behalf of any covered
person, however, if such covered person
conveys to us a written request to terminate
coverage prior to settlement of the proceeding.
Nothing in the settlement process will obligate us
in any way to pay any amount beyond the
specified defense costs provided herein, nor will
it in any way modify the terms of this
endorsement.
04M5A0494326
BGL-89 CA (4.8) Copyright, 2020 Brotherhood Mutual Insurance Co. Page 4 of 5 All Rights Reserved
4. Other Coverage or Other Insurance:
No coverage will be provided under the
Additional Coverage of this endorsement if this
policy or another insurance policy provides any
liability coverage with respect to the allegations of
a covered lawsuit . Nor will any coverage apply
if any legal defense is provided or required to be
provided under this policy or another policy with
respect to a covered lawsuit.
5. Arbitration:
Any dispute between us and any covered
person regarding the existence or application of
coverage under the terms of this endorsement
must be submitted to the American Arbitration
Association (or to any other organization
providing arbitration services if agreed to by us
and by all covered persons who are a party to
the dispute) for a determination of coverage by a
three person arbitration panel appointed by the
arbitration organization. Such arbitration will be
required if demanded by any covered person or
by us, and the decision rendered by the
arbitration panel will be binding upon all persons
affected by the Additional Coverage of this
endorsement.
6. Termination of Payments:
No further payment will be provided under the
terms of this endorsement as of the first date that
any of the following events occur in connection
with any covered lawsuit:
a. the covered person is dismissed from the
covered lawsuit, a verdict or final judgment
is entered in a covered lawsuit or the
proceeding is otherwise dismissed or
resolved; or
b. we have paid under the Defense
Reimbursement Coverage an amount equal
to any proceeding limit set forth in the How
Much We Pay section of this endorsement;
or
c. the covered person fails to comply with any
condition of this endorsement, or submits to
us a written request to terminate payments.
But the termination of payments in connection
with a covered lawsuit will not preclude
payments with respect to any subsequent lawsuit
that is otherwise covered.
HOW MUCH WE PAY
1. Hourly Limit: We w i l l p a y n o m o r e t h a n $ 1 7 5 per hour toward legal fees to which the Additional
Coverage of this endorsement applies.
2. Proceeding Limits: We will pay no more than
the limit that is properly shown as the Proceeding
Limit on the declarations toward defense costs
incurred in relation to each covered lawsuit filed
or initiated during the policy period. We will pay
no more than the limit that is properly shown as
the Aggregate Proceeding Limit toward defense
costs incurred in relation to all covered lawsuits
filed or initiated during the policy period.
3. Application of Limits:
The hourly and proceeding limits set forth above
represent the most we will pay regardless of:
a. The total cost or expense required to prepare
for or defend any covered lawsuit or related
appeals; or
b. The number of plaintiffs or other persons or
entities alleging damage, injury or loss; or
c. The number of covered persons or other
persons or entities that are the subject of a
lawsuit, or the number of attorneys or law
firms representing such persons; or
d. The number of alleged acts, omissions,
incidents or exposures upon which the
lawsuits are based; or
e. The number of our policy periods , or
portions thereof, during which any alleged
acts, omissions, incidents or exposures
should occur; or
f. The number of our policy periods , or
portions thereof, during the course of which
any lawsuits should transpire.
In addition, the Aggregate Proceeding Limit is the
most we will pay regardless of the number of
covered lawsuits filed or initiated during the
policy period. All related covered lawsuits will
be considered a single covered lawsuit for the
purpose of applying the stated Limits of this
endorsement.
4. Reasonable Costs:
We will not pay any covered legal cost, fee or
expense unless such cost, fee or expense is
reasonable and necessary, relates to completed
tasks (not a retainer fee), and is directly related to
04M5A0494326
BGL-89 CA (4.8) Copyright, 2020 Brotherhood Mutual Insurance Co. Page 5 of 5 All Rights Reserved
the legal defense of a covered lawsuit directed
against a covered person.
5. Defense Cost Reimbursement:
We have the right to pay defense costs covered
herein to either the covered person or to the law
firm retained by such covered person , but only
after proper documentation of the covered legal
expense has been submitted to us. If more than
one covered person is the subject of a covered
lawsuit, we will pay the related legal expenses in
the order that documentation of such expense is
received by us, subject to the limits set forth
herein.
6. Related Lawsuit or Proceeding:
If any lawsuit, proceeding covered herein:
a. relates directly or indirectly or in any other
manner to any lawsuits, proceedings that
have been previously filed or initiated; or
b. arises in any manner out of the same or
related situation(s), incident(s) or event(s) as
any lawsuits or proceedings that have been
previously filed or initiated;
then all such related lawsuits and proceedings
will be considered a single covered lawsuit for
purposes of determining applicable limits, even if
the prior lawsuit(s) or proceeding(s) were filed
during a prior policy period . Only one
Proceeding Limit will apply to all related lawsuits
or proceedings, regardless of the dates of filing.
OTHER PROVISIONS
All other provisions of the Commercial Liability
Coverage Form (GL-100) and the Liability and
Medical Coverage Form (BGL-11), apply to this
endorsement, unless otherwise modified herein.
04M5A0494326
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04M5A0494326
BGL-994 (1.0) Copyright, 2013 Brotherhood Mutual Insurance Co. Page 1 of 7 All Rights Reserved
This Liability Coverage Endor sement is subject to the terms of the applicable Commercial Liability Coverage Form (GL-100) and the Liability and Medical Coverage Form (BGL-11). Only one liability coverage will apply to an occurrence and any related loss. This endorsement is attached to and made part of the policy.
THIS INSURANCE ENDORSEMENT FORMS PART OF YOUR POLICY CONTRACT.
PLEASE READ IT CAREFULLY.
MINISTRY OPERATIONS
RELIEF ACTIVITY ADDITIONAL COVERAGES
EXPANDED COVERAGE FOR RELIEF WORKERS
AND MINISTRY ORGANIZATIONS ENGAGED IN RELIEF WORK
Note: Coverage for bodily injury or property damage liability arising out of disaster response activity is addressed under Principal Coverage L, which is provided in the Commercial Liability Coverage Form of this policy (GL-100).
AGREEMENT
We provide the Coverage Extension and Additional
Coverages described in this endorsement, but only if
Disaster Relief coverage is properly designated in the
declarations of this policy, and only if you are a
religious or not-for-profit organization.
DEFINITIONS
Each of the words or phrases defined in the Definition
section of the applicable Commercial Liability
Coverage Form (GL-100) and the Liability and
Medical Coverage Form (BGL-11) applies to this
endorsement, unless otherwise modified herein. The
following definitions apply only to the Coverage
Extension and Additional Coverages of this
endorsement.
1. Covered person means you; and your leaders,
your employees, your appointed persons and
your volunteers , but only while acting on your
behalf, for your benefit, and within the scope of
their delegated authority.
2. Disaster means a catastrophic event that directly
affects twenty-five or more individuals in the form
of injury, death and/or displacement. Disaster
includes:
a. a natural disaster, such as widespread
flooding, earthquake, hurricane, tornado,
wildfire or similar damaging event; or
b. a man-made disaster, such as a man-made
fire or explosion, an airline accident, a train
derailment, a dam failure or similar damaging
event; or
c. an outbreak of a contagious life-threatening
illness or disease; or
d. any other similar catastrophic event that
results in the injury, death and/or
displacement of twenty-five or more people.
3. Disaster response activity means engaging in
work to assist individuals, groups or communities
following a disaster. Such work includes:
a. feeding, clothing, comforting or otherwise
caring for disaster victims; or
b. assisting in the clean-up, demolition or debris
removal of property that was damaged in the
disaster; or
c. assisting in the reconstruction, renovation
rebuilding or repair of property that was
damaged in the disaster; or
04M5A0494326
BGL-994 (1.0) Copyright, 2013 Brotherhood Mutual Insurance Co. Page 2 of 7 All Rights Reserved d. providing general community support or
assistance in areas affected by the disaster;
or
e. other activity intended to assist individuals,
groups or communities that have been
directly impacted by a disaster.
4. Relief/Shelter work means providing assistance
or support to individuals or communities that
have experienced damage or disruption as a
result of a disaster. Relief/shelter work
includes:
a. undertaking shelter/coordination activity
on premises that you own, operate or
control, and/or
b. engaging in disaster response activity at or
near the site of a disaster.
Relief/shelter work also includes the time that
relief workers are engaged in getting to or from
a disaster site.
5. Relief worker means a covered person who is
working on your behalf for the purpose of
engaging in relief/shelter work.
6. Shelter/coordination activity means the
running of a temporary shelter operation or a
temporary emergency coordination operation
on premises that you own or operate.
7. Temporary shelter operation means the use of
your owned facility on a short-term basis (for less
than 90 days) for the purpose of providing
temporary shelter to disaster victims; persons
under medical quarantine or other temporarily
displaced persons following a disaster.
Temporary shelter operation includes
undertaking work to prepare your property to
become a shelter and to restore it to its regular
condition when the shelter activity concludes, but
does not include any off-site activity, such as
search and retrieval operations, disaster
response activity , epidemic or pandemic
response or other emergency response.
8. Temporary emergency coordination operation
means the use of your owned facility on a short-
term basis (for less than 90 days) as a planning,
staging, or coordination area for purposes of
providing:
a. search and retrieval operations, disaster
response activity , epidemic or pandemic
response or other emergency response; and
b. housing for relief workers, clean-up teams,
medical workers, government agency
personnel or others;
but only if such operation or housing is provided
in response to a disaster. Temporary
emergency coordination operation includes
undertaking work to prepare your property to
become a shelter and to restore it to its regular
condition when the shelter activity concludes, but
does not include any off-site activity, such as
search and retrieval operations, disaster
response activity , epidemic or pandemic
response or other emergency response.
9. Transportation conveyance means an auto,
mobile equipment , aircraft or watercraft of any
kind.
ADDITIONAL COVERAGE
Subject to the applicable terms of coverage, we
provide insurance for the following Additional
Coverage.
For purposes of the Additional Coverage set forth
herein, covered person means you; and your
leaders, your employees, your appointed persons
and your volunteers, but only while acting on your
behalf, for your benefit, and within the scope of their delegated authority. The above-named covered
persons will be considered insureds for the
Additional Coverage provided herein.
DISASTER RESPONSE
LIABILTY COVERAGE:
EMOTIONAL INJURY AND
FINANCIAL DAMAGE LIABILITY
We pay all sums that a covered person becomes
legally obligated to pay as damages due to
emotional injury or financial damage to which this
coverage applies. The event or events causing such
injury or damage:
a. must arise out of your relief/shelter work ;
and
b. must be an occurrence t a k i n g p l a c e i n t h e basic territory during the policy period.
This Additional Coverage applies to the liability of
covered persons for emotional injury or financial
damage that occurs in connection with their
04M5A0494326
BGL-994 (1.0) Copyright, 2013 Brotherhood Mutual Insurance Co. Page 3 of 7 All Rights Reserved relief/shelter work , but this Additional Coverage
does not apply, to:
(1) any loss arising directly or indirectly out of
any discriminatory act , sexual act ,
counseling act, or
(2) any act intended to inflict damage or harm; or
(3) any claim made against any medical
professional in relation to any medical
activity, diagnosis or treatment.
COVERAGE EXTENSIONS
~RELIEF WORKERS~
DISASTER RESPONSE
RELIEF WORKER EXTENSION
In the event that you or your leaders organize,
coordinate or sponsor any relief/shelter work , we
will pay up to the limit of the Coverage Extensions
stated below (subject to the Aggregate Limit stated in
the How Much We Pay section of this endorsement)
for qualifying expenses that are incurred by a relief
worker as a result of such activity. But only if you
direct us to do so, and only if the relief/shelter work being undertaken by the relief worker takes place in
the basic territory and during the policy period.
ADDITIONAL MEDICAL EXPENSE
COVERAGE
At your request, we will pay up to an additional
$50,000, per person, for medical expense (including
funeral or burial costs) of an unpaid relief worker
that would otherwise be covered under Principal
Coverage M of this policy. This medical coverage
extension:
a. is excess over any other medical coverage
that is available or payable under any other
policy, program or plan, and
b. does not apply to any expense relating to the
treatment of emotional injury; and
c. does not apply to any injury sustained by
your employee or by any person who is
being paid to do work on your behalf.
Payments made under this medical expense
coverage extension are subject to the Medical
Extension Aggregate provision in the How Much We
Pay section of this endorsement. Such medical
expense must be incurred and reported within one
year of the date on which the injury occurs.
All exclusions and other limitations that apply to
Principal Coverage M (as set forth in forms GL-100
and BGL-11) will apply to this Additional Medical
Expense Extension.
BROADENED WAGE LOSS
REIMBURSEMENT COVERAGE
If this policy includes Wage Loss Reimbursement
Coverage (Form BGL-99), then, upon your request,
we will pay up to an additional $10,000 ($13,500
total) for loss of income arising out of bodily injury
sustained by an unpaid relief worker as the result of
a covered injury. This wage loss coverage extension
does not apply to any loss of income sustained by
your employee or by any person who is being paid to
do work on your behalf.
The terms of coverage set forth in the Wage Loss
Reimbursement Form (BGL-99) that apply to loss of
income resulting from bodily injury will also apply to
this extension. Payments made under this wage loss
coverage extension are subject to the Wage Loss
Extension Aggregate provision in the How Much We
Pay section of this endorsement. Such wage loss
must be incurred and reported within 6 months (180
days) of the date on which the injury occurs.
All exclusions and other limitations that apply to
Wage Loss Reimbursement Coverage (as set forth in
form BGL-99) will apply to this Broadened Wage
Loss Reimbursement Extension, and no Wage Loss
Coverage will apply under this endorsement unless
Wage Loss Reimbursement Coverage (form BGL-99)
is shown on the declarations of this policy.
DAMAGE TO RELIEF WORKER’S TOOLS
AND EQUIPMENT COVERAGE
At your request, we will pay up to $2,500 per relief
worker for damage to, loss of or destruction of their
tools, equipment and gear, regardless of your
liability, but only if:
a. such equipment is either owned by the relief
worker, or the relief worker is otherwise
personally liable for loss/damage to such
equipment; and
b. such equipment is damaged, stolen, lost or
destroyed in connection with your
relief/shelter work; and
04M5A0494326
BGL-994 (1.0) Copyright, 2013 Brotherhood Mutual Insurance Co. Page 4 of 7 All Rights Reserved c. the damage, loss or destruction takes place
in the basic territory and during the policy
period.
This Equipment Damage Extension does not apply,
however, to any property that is:
(1) owned by you; or
(2) damaged, lost or destroyed through
recklessness or unreasonable carelessness
on the part of the owner of the property; or
(3) covered elsewhere under this policy.
Payments made under this equipment damage
coverage extension are subject to the Equipment
Damage Aggregate provision in the How Much We
Pay section of this endorsement.
The above Coverage Extension provides no liability
coverage of any kind to any person or entity, and no
judgment, award, settlement, penalty, fine, legal fees
or other such cost, obligation or expense will be paid
under the terms of this Extension. Payment under
the above Coverage Extension will be made in
accordance with your direction. No covered
person, other than you and your leaders have the
right to direct payment under this Extension.
PROVISION MODIFICATION:
PRIMARY LIABILITY COVERAGE FOR
RELIEF WORKERS
Any coverage provided to a covered person under:
1. Principal Coverage L (Bodily Injury and Property
Damage); or
2. the Disaster Response Emotional Injury/Financial
Damage Liability Coverage set forth herein;
will be provided to such covered person on a
primary basis. This means that the Coverages listed
in 1. and 2. above will be primary to any other
available insurance policy that provides coverage for
the personal liability of the covered persons
designated herein.
But this Provision Modification will not apply to injury or damage resulting from intentional harm, gross
negligence or reckless disregard for safety. Nothing
in this Additional Coverage will affect or modify the
terms of Principal Coverage L or the terms set forth
in the Liability Coverage of this endorsement.
EXCLUSIONS
Each of the exclusions set forth in the "Exclusions"
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11) apply to the Coverage Extension and
Additional Coverages of this endorsement unless
otherwise modified herein. The following exclusions
also apply to the Coverage Extension and Additional
Coverages of this endorsement.
1. The Additional Coverage of this endorsement
provides no coverage of any kind for bodily
injury, property damage or personal injury of
any kind.
Note: Coverage for bodily injury or property
damage liability arising out of disaster response
incidents is addressed under Principal Coverage
L of this policy, subject to the terms of coverage.
2. The Coverage Extensions of this endorsement
(Medical Payments, Wage Reimbursement and
Damage to Equipment) provide no coverage for
damage, injury or loss sustained by anyone other
than your relief worker.
3. No coverage is provided by this endorsement for
any damage, injury, expense or loss unless the
damage, injury, expense or loss:
a. arises out of your relief/shelter work; and
b. arises out of a disaster involving the injury,
death and/or displacement of twenty-five or
more persons; and
c. occurs in the basic territory.
Note: The coverage afforded by this
endorsement, along with other liability coverages
of the policy, can be extended to apply to
international travel by purchasing the Worldwide
Liability Coverage Endorsement (BGL-111T).
4. We do not pay for loss of any kind arising directly
or indirectly out of or in connection with any
discriminatory act , sexual act or counseling
act.
5. We do not pay for any loss arising directly or
indirectly out of or in connection with the
ownership, operation, occupancy, renting,
loaning, supervision, maintenance, use,
entrusting, control, loading or unloading of any
transportation conveyance, nor do we pay for
loss of any kind associated with the supervision
of any person(s) while occupying any
04M5A0494326
BGL-994 (1.0) Copyright, 2013 Brotherhood Mutual Insurance Co. Page 5 of 7 All Rights Reserved transportation conveyance , unless such
transportation conveyance is used with violent
intent by a person who plans to cause injury or
death to other persons through the use of the
transportation conveyance: (1) as a weapon; or
(2) to transport a weapon.
6. We do not pay for loss of any kind sustained by
any of your past or present employees or
persons whom you have hired to perform work.
But this exclusion does not apply to lost or
damaged tools, equipment or gear that is owned
by your employee.
7. We do not pay for loss of any kind arising directly
or indirectly out of or in connection with any
permanent, ongoing or long-term residential or
shelter operation, or any relief/shelter work that
takes place more than 90 days after any ongoing
relief/shelter work first commences.
8. We do not pay for loss of any kind arising directly
or indirectly out of or in connection with the
transmission of or contraction of any
communicable disease.
9. We do not pay for loss of any kind arising directly
or indirectly out of or in connection with any
actual or alleged:
a. fraudulent or self-serving acts, willful harm, or
the violation of any lo cal, state or federal
criminal or racketeering statute; or
b. breach of contract; (whether express or
implied); or
c. failure to procure or maintain insurance of
any kind.
10. We do not pay for any fines or non-compensatory
penalties, or for any exemplary or punitive
damages awarded in any legal proceeding or
assessed by any local, state or federal agency.
11. We do not pay for loss of any kind arising directly or indirectly out of or in connection with:
a. the creation, mark eting, issuance or
administration by you or your leaders of
(1) any security or financial instrument
(including, but not limited to, stocks, bonds,
certificates, notes and other financial
instruments); or (2) any fundraising or
financing program of any kind; or
b. the violation by you or your leaders of any
local, state or federal regulation or law
relating to (1) any security or financial
instrument (including, but not limited to,
stocks, bonds, certificates, notes and other
financial instruments); or (2) any fundraising
or financing program of any kind; or
c. any lost opportunities or investment-related
losses sustained by any person or entity
(including
you or your leaders ), which arise
out of the creation, marketing, issuance or
administration by any person or entity of
(1) any security or financial instrument
(including, but not limited to, stocks, bonds,
certificates, notes and other financial
instruments); or (2) any fundraising or
financing program of any kind; or
d. the rendering of, or failure to render, any
legal, financial or investment advice of any
kind.
12. We do not pay for loss of any kind arising directly or indirectly out of or in connection with any
actual or alleged discharge, dispersal, seepage,
migration, release or escape of any pollutant [as
defined on page 8 of the Commercial Liability
Coverage Form (GL-100)], even if such financial
damage arises out of the wrongful acts of your
leaders.
HOW MUCH WE PAY
Each of the provisions set forth in the How Much We
Pay section of the Liability and Medical Coverage
Form (BGL-11) apply to the Coverage Extension and
Additional Coverages of this endorsement. The
following provisions also apply to the Coverage
Extension and Additional Coverages of this
endorsement.
1. Additional Coverage Limit:
The Coverage Limit shown in the declarations
for Disaster Relief Coverage, subject to the
General Occurrence Limit, the Coverage
Aggregate Limit and the General Aggregate
Limit, is the most we will pay for all losses
arising out of an occurrence to which the
Additional Coverage of this endorsement applies.
2. Coverage Aggregate Limit:
The most we will pay for all covered costs
associated directly or indirectly with a loss-
producing event covered herein is the Coverage
Aggregate Limit shown on the declarations for
Disaster Relief Coverage. This Coverage
Aggregate Limit represents the most we will pay
under the Additional Coverage and Coverage
04M5A0494326
BGL-994 (1.0) Copyright, 2013 Brotherhood Mutual Insurance Co. Page 6 of 7 All Rights Reserved Extensions of this endorsement in relation to a
single disaster or loss-producing event
regardless of the number of Coverage
Extensions that apply, the number of persons
affected, or the total amo unt of cost incurred in
connection with such event.
3. Coverage Extension Limits:
The limit of payment stated within each section
of the Coverage Extension of this endorsement
represents the most we will pay for qualifying
expenses to which the Coverage Extension
applies.
4. Medical Extension Aggregate Limit:
We will pay no more than $250,000 for all
medical expense associated with a single
disaster or loss-producing event covered under
the Additional Medical Expense Coverage
Extension herein, regardless of the number of
relief workers injured or the amount of medical
expense incurred. Covered medical bills will be
paid in the order that they are received by us
until an applicable limit (per person, per
extension or coverage aggregate) is reached, at
which point payment associated with such
person, extension or incident will cease. This
Medical Extension Aggregate Limit represents
the most we will pay for all medical expense in
relation to a single disaster response or single
loss-producing event, regardless of the number
of persons affected, or the total amount of cost
incurred in connection with such event.
5. Wage Loss Extension Aggregate Limit:
We will pay no more than $50,000 for all wage
loss reimbursement associated with a single
disaster or loss-producing event covered under
the Broadened Wage Loss Reimbursement
Coverage Extension herein, regardless of the
number of relief workers injured or the amount
of wage loss incurred. This $50,000 aggregate
limit is payable over and above payments
received under the terms of coverage set forth in
the Wage Loss Reimbursement Form (BGL-99).
Covered wage loss will be paid in the order that
proof of wage loss documentation is received by
us, until an applicable limit (per person, per
extension or coverage aggregate) is reached, at
which point payment associated with such
person, extension or incident will cease. This
Wage Loss Extension Aggregate Limit represents
the most we will pay for all covered income loss
in relation to a single disaster response or single
loss-producing event, regardless of the number
of persons affected, or the total amount of
income loss incurred in connection with such
event.
6. Equipment Damage Extension Aggregate
Limit:
We will pay no more than $10,000 for all
equipment that is damaged, lost, stolen or
destroyed in connection with a single disaster
or
loss-producing event covered under the Damage
to Security-Related Equipment Extension herein,
regardless of the amount of equipment affected
or the value of such equipment. Covered
equipment receipts will be paid in the order that
they are received by us until an applicable limit
(per person, per extension or coverage
aggregate) is reached, at which point payment
associated with such person, extension or
incident will cease. This Equipment Damage
Extension Aggregate Limit represents the most
we will pay for all loss or damage in relation to a
single disaster response or single loss-producing
event, regardless of the number of persons
affected, or the total amount of cost incurred in
connection with such event.
7. Other Medical Insurance:
Unless prohibited by state or federal law, the
medical payments coverage provided in this
endorsement will be strictly excess over any
other policy, program or plan designed to pay
medical expenses.
8. Payment/Reimbursement Limitations:
Costs to which this endorsement would otherwise
apply will be paid or reimbursed by us only to the
extent that such costs are reasonable and
necessary, and/or have been authorized in
advance by us.
9. Application of Coverage Extension Limits:
Payments made under the Coverage Extension
provided by this endorsement will reduce the
Disaster Relief Coverage Limit shown on the
liability declarations. Payments made under the
terms of this endorsement are subject to the
General Occurrence Limit and General
Aggregate Limit of the policy, as well as being
subject to the coverage-specific Extension limits
set forth herein.
10. Coverage Requests:
The Coverage Extension provided under this
endorsement will apply based on your request
for coverage. The leaders of your organization
are responsible for identifying which categories of
coverage (Medical, Wage Loss, and/or
Equipment Damage) will apply under the
Coverage Extension of this endorsement. If,
during the course of claim administration, your
leaders decide to revise their coverage request
04M5A0494326
BGL-994 (1.0) Copyright, 2013 Brotherhood Mutual Insurance Co. Page 7 of 7 All Rights Reserved by eliminating a category of coverage that had
previously been selected (a change request),
then, subject to any applicable limits, we will
complete the processing and payment of covered
bills from that category that were received by us
prior to the change request. We will not pay any
bills from such category if they are submitted
after your change request has been received.
11. Order of Payments:
Covered bills and expenses that are submitted
under the Coverage Extension of this
endorsement will be paid in the order that they
are received by us until an applicable limit (per
person, per extension or coverage aggregate) is
reached, at which point payment associated with
such person, extension or incident will cease.
12. Communication to Affected Persons:
You will be responsible for conveying to us the
Coverage Extension categories for which you are
requesting coverage under the terms of this
endorsement. You will also be responsible for
assisting us in communicatin g to affected
persons the manner in which payment under the
terms of this endorsement will apply.
OTHER PROVISIONS
All other provisions of the applicable Commercial
Liability Coverage Form (GL-100) and the Liability
and Medical Coverage Form (BGL-11) apply to the
Additional Coverage of this endorsement, unless
otherwise modified herein.
04M5A0494326
BGL-83B (4.1) Copyright, 2015 Brotherhood Mutual Insurance Co. Page 1 of 5 All Rights Reserved
This Liability Coverage Endorsement is subject to the terms of the applicable Commercial Liability Coverage Form (GL-100) and the Liability and Medical Coverage Form (BGL-11). Only one liability coverage will apply to an occurrence and any related loss. This endorsement is attached to and made part of the policy. This is not a surety bond.
THIS INSURANCE ENDORSEMENT FORMS PART OF YOUR POLICY CONTRACT.
PLEASE READ IT CAREFULLY.
MINISTRY OPERATIONS
BROAD FORM
EMPLOYEE BENEFITS/FIDUCIARY LIABILITY COVERAGE
- RELIGIOUS AND NOT-FOR-PROFIT ORGANIZATIONS -
AGREEMENT
We provide the Additional Coverages described in
this endorsement, but only if Benefits Admin/Fiduc
Liab (abbreviation for Benefits Administration/
Fiduciary Liability) coverage is properly designated in the declarations of this policy, and only if you are a
not-for-profit organization or a camp.
DEFINITIONS
Each of the words or phrases defined in the Definition
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11), apply to this endorsement, unless
otherwise modified herein. The following definitions
apply only to the Additional Coverages of this
endorsement.
1. Administration means the performance of the
following acts in relation to your existing
employee benefit program(s):
a. counseling employees regarding the
program; or
b. interpreting the program; or
c. maintaining program records; or
d. effecting enrollment, termination, or
cancellation of employees in the program; or
e. calculating benefits of the program; or
f. preparing communication material
concerning the program; or
g. processing program claims; or
h. collection and distribution of program
contributions.
2. Beneficiary means a person who qualifies to
receive benefits under your employee benefit
program(s).
3. Covered person means you, your leaders and
your employees, but only with respect to the
authorized administration of, and/or other
authorized actions taken in relation to, your
employee benefit program(s).
4. ERISA means the Employee Retirement Income
Security Act of 1974 (as amended) and any
regulations pertaining thereto.
5. Incidental investment counseling means
providing the incidental endorsement or
recommendation to use any specific investment
option (including, but not limited to, stocks,
bonds, mutual funds, or other investment option),
but only if the endorsement or recommendation is
provided without a fee.
6. Leader means a person (whether or not a
director or officer) while serving as a member of
your governing board, or your administrator,
director, officer or trustee, but only if acting on
your behalf and within the scope of their
delegated authority as such.
ADDITIONAL COVERAGES
04M5A0494326
BGL-83B (4.1) Copyright, 2015 Brotherhood Mutual Insurance Co. Page 2 of 5 All Rights Reserved
Subject to the applicable terms of coverage, we
provide insurance for the following Additional
Coverages.
For purposes of the Additional Coverages set forth
herein, covered person means you, your leaders
and your employees, but only with respect to the
authorized administration of, and/or other
authorized actions taken in relation to, your
employee benefit program(s) . The above-named
covered persons will be considered insureds for
the Additional Coverages provided herein.
EMPLOYEE BENEFITS/FIDUCIARY
LIABILITY COVERAGE
We pay all sums which a covered person becomes
legally obligated to pay as damages due to financial
damage to which this coverage applies. The
financial damage must be sustained by your past or
present employee or their dependents as a result of
one or more wrongful acts or breaches of fiduciary
duty by your leader or your employee in the
administration of or other actions in relation to your
employee benefit program(s). The event or events
causing the financial damage:
a. must be undertaken in furtherance of your
religious or not-for-profit purposes; and
b. must be an occurrence taking place in the
coverage territory during the policy period.
Related decisions which are made in the
administration or other actions in relation to your
employee benefit program(s) resulting in financial
damage to one or more persons will be considered a
single occurrence.
This Additional Coverage is provided subject to the
Medical Expense Limit set forth in the How Much We
Pay section of this endorsement.
LIMITED FIDUCIARY
PENALTIES COVERAGE
Where such payment is permitted by law, we pay
penalties, taxes, fines, and sanctions assessed by
the United States Department of Labor or the United
States Internal Revenue Service in relation to one or
more breaches of a fiduciary duty by a covered
person in relation to your employee benefit
program(s). The event or events giving rise to the
penalties, taxes, fines, and sanctions:
a. must be undertaken in furtherance of your
religious or not-for-profit purposes; and
b. must take place in the coverage territory
during the policy period.
Related breaches of a fiduciary duty that are covered
by this additional coverage will be considered a
single breach of a fiduciary duty.
This Additional Coverage is provided subject to the
Limited Fiduciary Penalties Coverage Limit set forth
in the How Much We Pay section of this
endorsement.
This Additional Coverage does not apply to fines
levied by the United States Internal Revenue Service
or other state or federal governmental agency for
failure to procure or maintain health care insurance
coverage for your employees.
INCIDENTAL INVESTMENT
COUNSELING COVERAGE
We pay all sums which a covered person becomes
legally obligated to pay as damages due to financial
damage to which this coverage applies. The
financial damage must be sustained by your past or
present employee or their dependents as a result of
incidental investment counseling provided by your
leader or your employee in relation to your
employee benefit program(s) . The event or events
causing the financial damage:
a. must be undertaken in furtherance of your
religious or not-for-profit purposes; and
b. must be an occurrence taking place in the
coverage territory during the policy period.
Related incidental investment counseling that is
covered by this Additional Coverage will be
considered a single occurrence.
This Additional Coverage is provided subject to the
Incidental Investment Counseling Coverage Limit set
forth in the How Much We Pay section of this
endorsement.
EXCLUSIONS
Each of the exclusions set forth in the Exclusions
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11) apply to the Additional Coverages
provided by this endorsement, unless otherwise
modified herein. The following exclusions apply to
04M5A0494326
BGL-83B (4.1) Copyright, 2015 Brotherhood Mutual Insurance Co. Page 3 of 5 All Rights Reserved
the Additional Coverages of this endorsement.
1. We do not pay for loss of any kind arising directly
or indirectly out of or in connection with the
commission of any fraudulent or criminal acts, or
any acts undertaken for the purpose of causing
harm, loss or damage. The Additional Coverages
of this endorsement will still apply to covered
persons who have not engaged in any such
acts.
2. We do not pay for loss of any kind arising directly
or indirectly out of or in connection with any of the
following:
a. the breach of any contract by you or your
leaders, or the failure to perform a contract
by any entity associated with your employee
benefit program(s); or
b. the failure on the part of any covered
person to comply with any regulation or law
relating to workers' compensation,
unemployment insurance, social security or
disability benefits; or
c. the termination or failure of any plan included
in your employee benefit program(s); or
d. any error, defect or deficiency in any
computer hardware, software, program, data,
web site or network connection, regardless of
who owns or has developed it.
This exclusion will not apply to the extent that a
loss arises directly out of and is instituted in
relation to the breach of a fiduciary duty
established by ERISA, and is otherwise covered
by the Additional Coverages of this endorsement.
3. We do not pay for loss of any kind arising directly
or indirectly out of or in connection with:
a. the creation, marketing, issuance or
administration by you or your leaders of
(1) any security or financial instrument
(including, but not limited to stocks, bonds,
certificates, notes and other financial
instruments); or (2) any fundraising or
financing program of any kind; or
b. the violation by you or your leaders of any
local, state or federal regulation or law
relating to (1) any security or financial
instrument (including, but not limited to
stocks, bonds, certificates, notes and other
financial instruments); or (2) any fundraising
or financing program of any kind; or
c. any lost opportunities or investment-related
losses sustained by any person or entity
(including you or your leaders ), which arise
out of the creation, marketing, issuance or
administration by any person or entity of (1)
any security or financial instrument
(including, but not limited to stocks, bonds,
certificates, notes and other financial
instruments); or (2) any fundraising or
financing program of any kind; or
d. the rendering of, or failure to render, any
legal, financial or investment advice of any
kind.
This exclusion will not apply to the extent that a
loss arises directly out of and is instituted in
relation to the breach of a fiduciary duty
established by ERISA, and is otherwise covered
by the Additional Coverages of this endorsement.
4. We do not pay for loss of any kind sustained by
any person:
a. whose day-to-day work you or your leaders
do not control; or
b. while such person is working for the benefit
of an employer other than you; or
c. who is a temporary employee; or
d. who is a clergy within your association or
organization if the loss arises out of: (1) the
ordination or licensing process; (2) any
ordination or licensing relationship; or the
termination or revocation thereof.
5. We do not pay for any fines or non-compensatory
penalties, or for any exemplary or punitive
damages awarded in any legal proceeding or
assessed by any local, state, or federal agency.
This exclusion does not apply to the extent that
the Limited Fiduciary Penalties Coverage of this
endorsement applies to a loss.
6. We do not pay for loss of any kind if such loss or
any related loss is, or has been, the basis of any
prior claim.
7. We do not pay for financial damage of any kind
if:
a. the event(s) that cause the financial
damage occur prior to the date on which this
coverage becomes effective; or
b. the event(s) that cause the financial
damage occur after this coverage
04M5A0494326
BGL-83B (4.1) Copyright, 2015 Brotherhood Mutual Insurance Co. Page 4 of 5 All Rights Reserved
terminates; or
c. on the date that we first provide Employee
Benefits/Fiduciary Liability Coverage to your
organization, you or your leaders are aware
that the alleged financial damage has been,
is being, or will be, incurred by any person or
entity; or
d. on the date that we first provide Employee
Benefits/Fiduciary Liability Coverage to your
organization, you or your leaders are aware
of any prior situation that may reasonably be
anticipated to result in a claim against any
covered person for such financial damage.
HOW MUCH WE PAY
Each of the provisions set forth in the How Much We
Pay section of the Liability and Medical Coverage
Form (BGL-11) apply to the Additional Coverages
provided by this endorsement, unless otherwise
modified herein.
1. Medical Expense Limit:
We will pay no more than $500,000 for all unpaid
medical expense or other financial damage
incurred by any one beneficiary (or by the
dependent of any beneficiary) if such unpaid
medical expense or other financial damage is
incurred as a result of any actual or alleged error
relating directly or indirectly to the
administration of any group medical or other
health benefit programs or plans. This $500,000
per-person limit is the most we will pay
regardless of the total amount of financial
damage incurred, the duration of any individual’s
treatment, the number of group medical or other
health benefit programs or plans involved, or the
number of policy periods , or portions thereof,
over which such financial damage is incurred.
Furthermore, we will pay no more than
$1,000,000 for all unpaid medical expense or
other financial damage incurred during the
policy period if such unpaid medical expense
or other financial damage is incurred as a result
of any actual or alleged error relating directly or
indirectly to the administration of any group
medical or other health benefit programs or
plans. This $1,000,000 per-policy period limit is
the most we will pay for all such medical-related
loss incurred during the policy period
regardless of the number of persons sustaining
loss, the total amount of financial damage
incurred, the duration of any individual’s
treatment, the number of group medical or other
health benefit programs or plans involved, or the
number of policy periods , or portions thereof,
over which such financial damage is incurred.
2. Defense Coverage (Other than medical-
related):
Other than for: (1) loss to which the Medical
Expense Limit of this section applies; or (2) the
Exception set forth below; any payments made
under the Defense Coverage provided herein, up
to $500,000, will be made in addition to the limits
of the Additional Coverages of this endorsement.
Any further payment made under the Defense
Coverage will reduce the limits of the Additional
Coverages herein by the amount of such
payment.
3. Defense Coverage (Medical-related):
With respect to any loss to which the Medical
Expense Limit of this section applies, other than
the Exception set forth below, we will pay no
more than $500,000 under the Defense
Coverage provided by this policy arising directly
or indirectly out of any such loss.
Exception- If the Defense Coverage of this
policy applies to any interest accrued after the
entry of a judgment, the payment of such interest
will not reduce the limits of coverage provided
herein.
4. Incidental Investment Counseling Coverage:
We will pay no more than $500,000 for any
financial damage incurred by any beneficiaries
(or by the dependent of any beneficiaries) if
such financial damage is incurred as a result of
the failure of any stock, bond, mutual fund, or
other investment to perform as represented by a
covered person, or any loss resulting from the
investment or noninvestment of employee funds.
This $500,000 aggregate limit is the most we will
pay regardless of the total amount of number of
claims made, the actual financial damage
incurred, the number of beneficiaries (or
dependents of beneficiaries) sustaining loss, or
the number of policy periods , or portions
thereof, over which such financial damage is
incurred.
5. Limited Fiduciary Penalties Coverage:
We will pay no more than $250,000 for all
penalties, taxes, fines, and sanctions covered by
the Limited Fiduciary Penalties Coverage of this
endorsement for any breach or related breaches
of a fiduciary duty. This $250,000 limit is the
most we will pay regardless of:
a. the total amount of penalties, taxes, fines,
and sanctions levied; or
04M5A0494326
BGL-83B (4.1) Copyright, 2015 Brotherhood Mutual Insurance Co. Page 5 of 5 All Rights Reserved
b. the number of covered persons against
whom the penalties, taxes, fines, and
sanctions are levied; or
c. the number of policy periods , or portions
thereof, and the retroactive coverage
period, during which the loss giving rise to
such penalties, taxes, fines, and sanctions
levied occurred; or
d. the number of insurance or other employee
benefit plans or programs, comprising your
employee benefit program(s) , with respect
to which any breach or related breaches of a
fiduciary duty occur.
We will pay no more than $500,000 for all
penalties, taxes, fines, and sanctions covered by
the Limited Fiduciary Penalties Coverage of this
endorsement for all breaches or related breaches
of a fiduciary duty taking place during the policy
period.
OTHER PROVISIONS
All other provisions of the Commercial Liability
Coverage Form (GL-100) and the Liability and
Medical Coverage Form (BGL-11), apply to this
endorsement, unless otherwise modified herein.
04M5A0494326
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BGL-236 (1.0) Copyright, 2013 Brotherhood Mutual Insurance Co. Page 1 of 5 All Rights Reserved
This Liability Coverage Endor sement is subject to the terms of the applicable Commercial Liability Coverage Form (GL-100) and the Liability and Medical Coverage Form (BGL-11). Only one liability coverage will apply to an occurrence and any related loss. This endorsement is attached to and made part of the policy.
THIS INSURANCE ENDORSEMENT FORMS PART OF YOUR POLICY CONTRACT.
PLEASE READ IT CAREFULLY.
MINISTRY OPERATIONS
LEGAL AID ACTIVITY
INCIDENTAL LIABILITY COVERAGE
~ COVERAGE FOR MINISTRY ORGANIZATIONS AND
LEGAL AID VOLUNTEERS~
AGREEMENT
We provide the Additional Coverage described in this
endorsement, but only if Legal Aid coverage is
properly designated in the declarations of this policy, and only if you are a church or other ministry
organization.
DEFINITIONS
Each of the words or phrases defined in the Definition
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11) apply to the Additional Coverage
provided by this endorsement, unless otherwise
modified herein. The following definitions apply only
to the Additional Coverage of this endorsement.
1. Covered person means you; your leaders ,
your employees and your legal aid volunteers ,
but only while acting on your behalf, for your
benefit, and within the scope of their delegated
authority.
2. Covered legal aid activity means providing free
legal assistance services to individuals as an
incidental ministry-based legal aid program.
Covered legal aid activity includes:
a. gathering information from individuals to
assess their legal needs; and
b. undertaking legal research and related
information-gathering; and
c. providing free legal advice and consultation
to others; and
d. assisting individuals to complete forms,
documents or requests for services; and
e. preparing legal documents such as living
wills, powers of attorney, small claims court
pleadings, immigration documents and other
incidental legal documents that are signed by
others; and
f. providing notary public services to others;
and
g. referring individuals to law firms,
governmental agencies, social service
agencies or other institutions; and
h. other incidental pro bono legal work that is
undertaken by a legal aid volunteer as a
ministry service.
But covered legal aid activity does not include
any work that constitutes a professional/fee-
based legal service.
3. Legal aid volunteer means:
a. an attorney; or
b. a paralegal; or
c. a law student, retired attorney or other
individual who has received legal training at
an accredited law school or through a
recognized legal program; or
04M5A0494326
BGL-236 (1.0) Copyright, 2013 Brotherhood Mutual Insurance Co. Page 2 of 5 All Rights Reserved
d. any unpaid clerical staff, office staff or
support worker; but only while such person is
engaged in, facilitating or advancing your
covered legal aid activity.
4. Legal aid error means an act, error or omission
that:
a. is alleged to have been committed by a legal
aid volunteer; and
b. occurs in connection with covered legal aid
activity; and
c. results in emotional injury or financial
damage to others.
More than one related act, error or omission, or
series of related acts, errors, or omissions, will be
considered a single legal aid error.
5. Professional/fee-based legal service means:
a. formally engaging in legal representation of
others, including taking on any person or
entity as a client; or
b. appearing at any proceeding, hearing,
settlement meeting or other similar event on
behalf of any person or entity; or
c. signing any pleading, form or legal document
as a legal representative of another person;
or
d. any work undertaken in exchange for a fee of
any kind; or
e. any legal work that is performed other than
covered legal aid activity.
6. Professional tax service means providing any
advice or service related to federal, state or local
taxes. Professional tax service includes, but is
not limited to:
a. assisting individuals or entities in completing
tax returns; or
b. conveying any opinion regarding codes, laws
or regulations that relate to taxation; or
c. any other advice, assistance or service that
relates to matters of taxation.
ADDITIONAL COVERAGES
Subject to the applicable terms of coverage, we
provide insurance for the following Additional
Coverages.
For purposes of the Additional Coverages set forth
herein, covered person means you; your leaders,
your employees and your legal aid volunteers , but
only while acting on your behalf, for your benefit,
and within the scope of their delegated authority.
The above-named covered persons will be
considered insureds for the Additional Coverages
provided herein.
LEGAL AID LIABILITY COVERAGE
($500,000 COVERAGE LIMIT)
Subject to all limitations set forth herein, we pay all sums that a covered person becomes legally
obligated to pay as damages due to emotional
injury or financial damage to which this coverage
applies. The emotional injury or financial damage
must be caused by a legal aid error , and the event
or events causing the emotional injury or financial
damage:
a. must arise out of covered legal aid activity
as an incidental part of your ministry
activities; and
b. must be an occurrence t a k i n g p l a c e i n t h e coverage territory and during the policy
period.
This Additional Coverage does not apply, however, to
loss of any kind arising directly or indirectly out of or in connection with;
a. any sexual act , counseling act or
discriminatory act; or
b. any professional/fee-based legal service ;
or
c. any professional tax service.
SPECIAL DEFENSE COVERAGE
ATTORNEY DISCIPLINARY HEARINGS
AND CONTEMPT PROCEEDINGS
($100,000 REIMBURSEMENT LIMIT)
If, as a direct result of his or her involvement in
covered legal aid activity , a legal aid volunteer
becomes the subject of:
a. a legal disciplinary hearing brought by a state
bar association or similar body; or
b. any contempt proceeding brought by a
judicial institution or governmental body;
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then, subject to the applicable limit of reimbursement
set forth within the How Much We Pay section of this
endorsement, we will reimburse such legal aid
volunteer the cost of defending himself or herself at
a legal disciplinary hearing or a contempt proceeding,
but only with respect to alleged wrongdoing that
occurs in the basic territory during the policy
period.
Limitation of Defense Coverage:
The Defense Coverage provided in this endorsement
covers only reasonable and necessary legal
expenses required to prepare for and attend related
proceedings in furtherance of the person’s legal
defense.
Nothing in the Defense Coverage provided by this
policy shall be construed to obligate us in any way to
pay for any actual or alleged damage, injury or loss
of any kind sustained by any person, nor any related
judgment, award or fine of any kind.
EXCLUSIONS
Each of the exclusions set forth in the Exclusions
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11) apply to the Additional Coverages
provided by this endorsement, unless otherwise
modified herein. The following exclusions apply to the
Additional Coverages of this endorsement.
1. Exclusion 3 of the Exclus ions that apply to Bodily
Injury and Property Damage section of the
Commercial Liability Coverage Form (GL-100) is
modified as follows:
We do not pay for any loss that arises out of the
rendering of or failure to render a professional
service other than those incidental legal services
that are specifically covered in the Incidental
Legal Aid Coverage of the Legal Aid Activity
Incidental Liability Coverage endorsement.
2. We do not pay for damage, injury or loss of any
kind arising directly or indirectly out of or in
connection with any sexual act of any kind.
3. We do not pay for damage, injury or loss of any
kind arising directly or indirectly out of or in
connection with any counseling act of any kind.
4. We do not pay for damage, injury or loss of any
kind arising directly or indirectly out of or in
connection with any discriminatory act of any
kind.
5. We do not pay for damage, injury or loss of any
kind arising directly or indirectly out of or in
connection with the fraudulent or self-serving acts,
willful harm, or the violation by any covered
person of:
a. any statute, ordinanc e, or regulation; or
b. any local, state or federal criminal or
racketeering statute; or
c. any legal code of ethics or code of conduct;
But the Additional Coverages of this
endorsement will continue to apply to any
covered person who has not engaged in such
criminal or wrongful acts.
6. We do not pay for any fines or non-compensatory
penalties, or for any ex emplary or punitive
damages of any kind.
7. We do not pay for damage, injury or loss of any
kind arising directly or indirectly out of or in
connection with any professional/fee-based
legal service.
8. We do not pay for damage, injury or loss of any
kind arising directly or indirectly out of or in
connection with any professional tax service
.
9. We do not pay for damage, injury or loss of any
kind arising directly or indirectly out of or in
connection with any attorney, paralegal or other
legal professional who is:
a. hired by your organization to perform legal
work; or
b. employed by your organization to perform
legal work; or
c. otherwise paid by your organization to
perform legal work.
10. We do not pay for damage, injury or loss of any
kind sustained by any covered person.
11. The Additional Coverages of this endorsement do
not apply to any claim alleging bodily injury ,
property damage or personal injury.
HOW MUCH WE PAY
Each of the provisions set forth in the How Much We
Pay section of the Liability and Medical Coverage
Form (BGL-11) apply to the Additional Coverages
provided by this endorsement, unless otherwise
modified herein. The following modifications apply to
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the Additional Coverages of this endorsement.
1. Limit of Coverage:
We will pay no more than $500,000 for each
legal aid error to which the Incidental Legal Aid
Additional Coverage of this endorsement applies;
and we will pay no more than $500,000 under the
Incidental Legal Aid Additional Coverage of this
endorsement for all legal aid errors taking place
during the policy period.
This Legal Aid Coverage Limit, subject to the
General Occurrence Limit, the Coverage
Aggregate Limit and the General Aggregate
Limit, is the most we will pay for all losses
arising out of an occurrence to which the
Additional Coverages of this endorsement apply.
This $500,000 Coverage Limit is the most we will
pay regardless of:
a. the number of persons or entities to whom
this policy provides coverage;
b. the number of losses or related losses
arising directly or indirectly out of one or
more related acts, errors, omissions,
decisions, incidents, events or breaches of
duty;
c. the number of persons acted upon, or who
otherwise sustain injury, damage or loss;
d. the number of claims made or suits brought,
or the number of persons initiating such
claims or suits;
e. the number of legal aid errors or other acts,
errors, omissions, decisions, incidents,
events, or breaches of duty contributing to
injury, damage or loss;
f. the extent or duration of the injury, loss, or
related loss;
g. the extent or duration of the wrongful activity
or the number of acts, errors or omissions,
decisions, incidents, events or breaches of
duty contributing to the injury, damage or
loss; or
h. the number of our policy periods , or
portions thereof, over which any acts, errors,
omissions, decisions, incidents, events, or
breaches of duty contributing to injury,
damage or loss should occur; or over which
the injury, loss or related loss should occur.
2. Primary Coverage:
The Legal Aid Liability Coverage of this
endorsement will be considered to be primary
with respect to any other legal malpractice
coverage that may apply to covered persons to
whom the this Additional Coverage applies.
3. Coverage Aggregate Limit:
The Coverage Aggregate Limit shown in the
declarations for Legal Aid Liability coverage,
subject to the General Aggregate Limit, is the
most we will pay under the Additional Coverages
of this endorsement, for all occurrences taking
place during the period to which the Coverage
Aggregate limit applies [as described in Provision
8 of The How Much We Pay section of the
Liability and Medical Coverage Form (BGL-11)].
4. Activity Occurring Over Time:
If an occurrence to which any Liability Coverage
of this policy applies consists of activity occurring
on more than one date during any policy period
or policy periods , such activity, together with
any related loss , will constitute a single
occurrence, and the date of occurrence will be
considered to be the earlier of:
a. the date on which the last alleged wrongful
act out of which the claim arises should
occur; or
b. the last day that we provided any coverage
to you for such act.
The policy forms, endorsements and limits in
effect on the date of occurrence will govern
coverage with respect to all claims arising directly
or indirectly out of the occurrence.
5. Expense Reimbursement Limit
(Attorney Disciplinary Hearings and Contempt
Proceedings):
We will reimburse up to $100,000 (in total)
toward the reasonable and necessary cost of
responding to a disciplinary action or a contempt
proceeding directed against a covered person (if
not otherwise covered by this policy), provided
that we have agreed to such expense in advance
of the payment.
Any related disciplinary hearings or contempt
proceedings directed against multiple covered
persons will be considered a single covered
event if such hearings or proceedings arise out of
a related legal aid error; and, in the case of such
related allegations, a single Expense
Reimbursement Limit of $100,000 will apply to all
covered persons who are the subject of such
hearings/proceedings.
The above reimbursement limit represents the
most we will pay for all covered costs arising
from the same or related acts, errors, omissions,
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incidents, events, invest igations or causes of
action.
CONDITIONS
Each of the conditions set forth in the Conditions
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11) apply to each of the Additional
Coverages provided by this endorsement, unless
otherwise modified herein. The following conditions
also apply to the Additional Coverages of this
endorsement.
1. Limitation of Defense Coverage:
Nothing in the Defense Coverage provided by
this policy shall be construed to obligate us in
any way to pay for any costs for any actual or
alleged damage, injury or loss of any kind
sustained by any person, nor any related
judgment, fine or award that arises directly or
indirectly out of any loss.
OTHER PROVISIONS
Each of the other provisions of the Commercial
Liability Coverage Form (GL-100) and the Liability
and Medical Coverage Form (BGL-11), apply to the
Additional Coverage of this endorsement, unless
otherwise modified herein.
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This Liability Coverage Endor sement is subject to the terms of the applicable Commercial Liability Coverage Form (GL-100) and the Liability and Medical Coverage Form (BGL-11). Only one liability coverage will apply to an occurrence and any related loss. This endorsement is attached to and made part of the policy.
THIS INSURANCE ENDORSEMENT FORMS PART OF YOUR POLICY CONTRACT.
PLEASE READ IT CAREFULLY.
MINISTRY OPERATIONS
BROAD SCOPE
MEDIA LIABILITY COVERAGE
~CHURCHES AND MINISTRY ORGANIZATIONS~
INCLUDING PERSONAL INJURY ALLEGATIONS
Note: Coverage for e-commerce and other computer-based transactions is provided in an optional Cyber Liability Coverage Form (BGL-87).
AGREEMENT
We provide the Additional Coverages described in
this endorsement, but only if Media Liability coverage
is properly designated in the Declarations of this
policy, and only if you are a church or other ministry
organization.
DEFINITIONS
Each of the words or phrases defined in the Definition
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11), apply to this endorsement, unless
otherwise modified herein. The following definitions
apply only to the Additional Coverages of this
endorsement.
1. Advertising violation means the posting,
publication, communication or depiction of any
advertising or promotional material that:
a. disparages a person's or entity's goods,
products, or services; or
b. is false, harmful or misleading; or
c. violates any feder al, state or local
comparative advertising law; or
d. serves as the basis of a claim for financial
damages arising out of the marketing or
publicity of your organization; or out of the
promotion of your organization’s goods or
services.
2. Covered person means you; and your leaders,
your employees, your appointed persons and
your volunteers , but only while acting on your
behalf, for your benefit, and within the scope of
their delegated authority.
3. Defamatory act means the posting, publication,
communication or depiction of any information
that:
a. slanders or libels a person or entity; or
b. constitutes an injurious falsehood; or
c. constitutes defamation of character, or that
otherwise harms a person's reputation.
4. Infringement act means the posting, publication,
communication, performance or depiction of any
material that:
a. infringes any copyright, slogan, trademark,
title or trade name, the rights to which are
owned by another person or entity; or
b. violates the publicity rights that are owned by
another person or entity; or
c. constitutes plagiarism, theft of concept,
piracy of intellectual property or the violation
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of any implied contract regarding the use of
another person’s or entity’s creative ideas; or
d. fails to provide proper attribution of
authorship, ownership, or other rights in a
work; or
e. constitutes the unauthorized reproduction,
display, or use of music, hymns,
commentaries, ministry study aids or other
similar material; or
f. breaches any licensing rights associated with
content that is owned by another person or
entity; or
g. misappropriates the content, format, trade
name, slogan, logo, graphic material,
artwork, musical composition, stage
performance, photographic depiction, web
design or other creative work that is created
and owned by another person or entity; or
h. conveys a trade secret to one or more third
parties or to the general public without
permission of the owner of the trade secret;
but infringement act does not include any actual
or alleged infringement of a patent, a patentable
invention or patentable process.
5. Media enterprise means any organization (or
any subsidiary of an organization) that:
a. generates more than twenty percent (20%) of
its annual revenue through one or more of
the following enterprises:
(1) publishing; or
(2) broadcasting; or
(3) telecasting; or
(4) advertising; or
(5) internet-based communication (audio or
visual), web content drafting, web design
development or web hosting; or
b. devotes more than tw enty percent (20%) of
its budget to carry out one or more of the
enterprises listed in 5 a. above; or
c. devotes more than tw enty percent (20%) of
total staff plus unpaid worker time to carry
out one or more of the enterprises listed in 5
a. above; or
d. holds out one or more of the enterprises
listed in 5 a. above as the primary purpose,
mission or function of the organization or
subsidiary.
6. Personal injury means any of the following:
a. a defamatory act; or
b. an infringement act; or
c. an advertising violation; or
d. a personal violation.
But personal injury does not include bodily
injury, property damage , emotional injury or
financial damage of any kind; nor any injury
arising directly or indirectly out of or in connection
with any sexual act, counseling
act, or
discriminatory act.
7. Personal rights breach means the posting,
publication, communication or depiction of
material or information that:
a violates the person's right of privacy; or
b breaches the person’s expectation of
confidentiality.
8. Personal violation means any of the following
wrongful acts directed against one or more
persons:
a. improper restraint, detention, or
imprisonment of the person; or
b. trespass or wrongful entry into, wrongful
eviction from, or invasion of the right of
private occupancy of a premises occupied by
the person; or
c. any type of personal rights breach.
ADDITIONAL COVERAGES
Subject to the applicable terms of coverage, we
provide insurance for the following Additional
Coverages.
For purposes of the Additional Coverages set forth
herein, covered person means you; and your
leaders, your employees, your appointed persons
and your volunteers, but only while acting on your
behalf, for your benefit, and within the scope of their delegated authority. The above-named covered
persons will be considered insureds for the
Additional Coverages provided herein.
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PERSONAL INJURY
LIABILITY COVERAGE
(MEDIA / COMMUNICATION ACTIVITY)
We pay all sums that a covered person becomes
legally obligated to pay as damages due to personal
injury to which this coverage applies. The personal
injury must arise out of a defamatory act , an
infringement act or an advertising violation , and
such act or violation:
a. must occur in connection with the religious or not-
for-profit operations of your organization; and
b. must be an occurrence taking place in the basic
territory during the policy period.
This Additional Coverage applies to the development,
deployment, maintenance and/or use of your ministry
organization’s:
(1) brand; and
(2) web sites; and
(3) blog posts, video feeds or webcasts; and
(4) social media content; and
(5) overall intellectual property assets.
This Additional Coverage also applies to your
ministry organization’s:
(1) advertising activity; and
(2) promotional activity; and
(3) general communication activity.
This Additional Coverage further applies regardless
of the medium or channel that is used to advance
such activity (whether digital, print, broadcast, etc.).
This Additional Coverage does not apply, however, if
the personal injury arises in any manner out of or in
connection with any media enterprise that you or
your leader(s) own or operate. Nor does this
Additional Coverage apply to loss arising out of:
(1) any personal violation of any kind; or
(2) any sexual act , counseling act or
discriminatory act of any kind.
PERSONAL INJURY
LIABILITY COVERAGE
(PERSONAL VIOLATIONS)
We pay all sums that a covered person becomes
legally obligated to pay as damages due to personal
injury to which this coverage applies. The personal
injury must arise out of a personal violation , and
the event or events causing the personal violation:
a. must occur in connection with the religious or
not-for-profit operations of your organization;
and
b. must take place in the basic territory during
the policy period.
This Additional Coverage does not apply, however, if
the personal injury arises in any manner out of or in
connection with any media enterprise that you or
your leader(s) own or operate. Nor does this
Additional Coverage apply to loss arising out of:
(1) any defamatory act , infringement act or
advertising violation of any kind; or
(2) any sexual act , counseling act or
discriminatory act of any kind.
PERSONAL INJURY
LIABILITY COVERAGE
(UNAUTHORIZED ACCESS / POSTING)
We pay all sums that a covered person becomes
legally obligated to pay as damages due to personal
injury to which this coverage applies. The personal
injury must arise out of: (1) the unauthorized access
by a person or entity to; and/or (2) the posting of
unauthorized content to; any web site, social media
site, bulletin board, web portal or other
communication platform. The event or events
causing the personal injury:
a. must occur in connection with the religious or
not-for-profit operations of your organization;
and
b. must take place in full or in part within the
basic territory; and
c. must occur during the policy period.
This Additional Coverage does not apply, however to:
(1) loss arising out of any activity other than
unauthorized access or web posting to a site
that is controlled by your organization; or
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(2) any sexual act , counseling act or
discriminatory act of any kind.
SPECIAL DEFENSE COVERAGE
(ALLEGED INTENTIONAL ACTS)
If a covered person denies intentional wrongdoing in
connection with any alleged personal injury , then
we will provide such covered person with the
following limited Defense Coverage:
We agree to provide the Defense Coverage in the
applicable Commercial Liability Coverage Form of
this policy to any covered person who is accused of
engaging in intentional misconduct, but only with
respect to:
a. alleged wrongdoing that occurs in the basic
territory during the policy period; and
b. a lawsuit that is filed in the basic territory;
And only until such time as intentional
wrongdoing:
(1) is admitted to by the covered person; or
(2) is determined to have occurred by a
judge or a judicial body in any:
(a) civil action or proceeding; or
(b) criminal process, action or
proceeding.
Limitation of Defense Coverage -
The Defense Coverage provided in this endorsement
covers only those legal expenses and other related
costs that are specified in the Defense Coverage
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11). Nothing in the Defense Coverage
provided by this policy shall be construed to obligate
us in any way to pay for any actual or alleged
damage, injury or loss of any kind sustained by any
person, or any related judgment or award that arises
directly or indirectly out of any loss.
EXCLUSIONS
Each of the exclusions set forth in the Exclusions
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11) apply to each of the Additional
Coverages provided by this endorsement, unless
otherwise modified herein. The following exclusions
apply only to the Additional Coverages of this
endorsement.
1. The Additional Coverages provided by this
endorsement will not apply to any claim, suit or
proceeding brought in any country or territory
other than the United States of America, its
territories and possessions, Puerto Rico or
Canada. But coverage will apply on a worldwide
basis to claims made by foreign persons or
entities who view or receive information or
material outside of the basic territory, provided
that suit is filed within the basic territory.
2. We do not pay for loss of any kind arising directly
or indirectly out of or in connection with any
media enterprise that is owned or operated:
a. by you, or your leader(s); or
b. by any subsidiary that you own or operate.
Note: Media-related personal injury coverage
is available for Media Enterprise exposures
through an optional Expansive Media Liability
endorsement. Please contact your Brotherhood
Mutual insurance agent if you desire personal
injury coverage for your media enterprise
exposure.
3. The Additional Coverages provided by this
endorsement will not apply to any person who
knowingly and intentionally:
a. misappropriates the property of others
without regard to existing property rights; or
b. violates any right pr otected by any copyright,
slogan, trade secret, trademark or trade
name treaty, regulation or law; or
c. engages in any willful, wanton, dishonest,
deceptive, fraudulent or malicious
misconduct; or
d. engages in acts that violate any local, state,
or federal criminal or racketeering statute; or
e. conveys information or material to others with
knowledge that such information or material
is false.
But we will defend covered persons who are
accused of such misconduct until such time as
any intentional wrongdoing:
(1) is admitted to by the covered person; or
(2) is determined to have occurred by a
judge or a judicial body in any:
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(a) civil action or proceeding; or
(b) criminal process, action or
proceeding.
Furthermore, the Additional Coverages of this
endorsement will continue to apply to any
covered person who has not engaged in
intentional misconduct (subject to all applicable
terms of coverage).
4. We do not pay for loss of any kind arising directly
or indirectly out of or in connection with any
actual or alleged infringement of a:
a. patent; or
b. patentable invention; or
c. patentable process.
5. We do not pay for loss of any kind sustained by
any person who is or who has been your
employee or your job applicant, if the injury
arises directly or indirectly out of or in connection
with the hiring process, any employment
relationship, or the termination thereof.
6. We do not pay for loss of any kind sustained by
any individual within your association or
organization (whether or not employed by you) if
the loss arises directly or indirectly out of or in
connection with: any ordination or licensing-
related act, error, omissi on, decision, incident or
event.
7. We do not pay for any loss arising directly or
indirectly out of or in connection with any
discriminatory act , sexual act or counseling
act.
8. We do not pay for loss of any kind arising directly
or indirectly out of or in connection with:
a. the electronic transmission of funds or
release of information providing electronic
access to funds; or
b. the improper use of, or failure to protect, any
personal information (such as access
passwords, bank account numbers, social
security numbers or similar personal
information) stored or maintained within an
electronic database.
9. We do not pay for any fines or non-compensatory
penalties, or for any exemplary or punitive
damages awarded in any legal proceeding or
assessed by any local, state or federal agency.
10. The Additional Coverages of this endorsement do
not apply to any bodily injury , property
damage, emotional injury or
financial damage
of any kind.
HOW MUCH WE PAY
Each of the provisions set forth in the How Much We
Pay section of the Liability and Medical Coverage
Form (BGL-11) apply to the Additional Coverages
provided by this endorsement, unless otherwise
modified herein. The following modifications apply to
the Additional Coverages of this endorsement.
1. The Coverage Limit shown in the declarations
for Media Liability coverage, subject to the
General Occurrence Limit, the Coverage
Aggregate Limit and the General Aggregate
Limit, is the most we will pay for all losses
arising out of an occurrence to which the
Additional Coverages of this endorsement apply.
This Coverage Limit is the most we will pay
regardless of:
a. the number of persons or entities to whom
this policy provides coverage;
b. the number of losses or related losses
arising directly or indirectly out of one or
more related acts, errors, omissions,
decisions, incidents, events or breaches of
duty;
c. the number of persons acted upon, or who
otherwise sustain injury, damage or loss;
d. the number of claims made or suits brought,
or the number of persons initiating such
claims or suits;
e. the number of defamatory acts ,
infringement acts , advertising violations ,
personal violations or other acts, errors,
omissions, decisions, incidents, events, or
breaches of duty contributing to injury,
damage or loss;
f. the extent or duration of the injury, loss, or
related loss;
g. the extent or duration of the wrongful activity
or the number of acts, errors or omissions,
decisions, incidents, events or breaches of
duty contributing to the injury, damage or
loss; or
h. the number of our policy periods , or
portions thereof, over which any acts, errors,
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omissions, decisions, incidents, events, or
breaches of duty contributing to injury,
damage or loss should occur; or over which
the injury, loss or related loss should occur.
2. The Coverage Aggregate Limit shown in the
declarations for Media Liability coverage,
subject to the General Aggregate Limit, is the
most we will pay under the Additional Coverages
of this endorsement, for all occurrences taking
place during the period to which the Coverage
Aggregate limit applies [as described in Provision
8 of The How Much We Pay section of the
Liability and Medical Coverage Form (BGL-11)].
3. If an occurrence to which any Liability Coverage
of this policy applies consists of activity occurring
on more than one date during any policy period
or policy periods , such activity, together with
any related loss , will constitute a single
occurrence, and the date of occurrence will be
considered to be the earlier of:
a. the date on which the last alleged wrongful
act out of which the claim arises should
occur; or
b. the last day that we provided any coverage
to you for such act.
The policy forms, endorsements and limits in
effect on the date of occurrence will govern
coverage with respect to all claims arising directly
or indirectly out of the occurrence.
CONDITIONS
Each of the conditions set forth in the Conditions
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11) apply to each of the Additional
Coverages provided by this endorsement, unless
otherwise modified herein. The following conditions
also apply to the Additional Coverages of this
endorsement.
1. Worldwide Coverage (for suits brought in the
Basic Territory ) - The Additional Coverages
provided by this endorsement will apply on a
worldwide basis to claims brought against
covered persons by a foreign person or entity,
provided that suit is filed within the basic
territory.
2. Webcast/Podcast Liability Coverage - The
Additional Coverages provided by this
endorsement will apply to audio or video
broadcasts that are conveyed by your
organization to targeted recipients, or to the
public, through any form of internet transmission.
This applies whether the recipient receives the
transmission through a desktop or laptop
computer, tablet device, smart phone, or other
screen type or mobile device. All conditions,
limits, limitations and exclusions that apply to the
Additional Coverages of this endorsement will
apply to any personal injury arising out of such
transmission.
3. Social Media Liability Coverage - The
Additional Coverages provided by this
endorsement will apply to communication or
activity that is conveyed through web-based
social media. This applies whether the recipient
receives the transmission through a desktop or
laptop computer, tablet device, smart phone, or
other screen type or mobile device. All
conditions, limits, limitations and exclusions that
apply to the Additional Coverages of this
endorsement will apply to any personal injury
arising out of such transmission.
4. Satellite Ministry Operations Liability
Coverage - The Additional Coverages provided
by this endorsement will apply to live broadcast
or delayed feeds that are conveyed by your
organization to remote locations that are owned
or operated by your ministry. This applies
whether the recipients receive the transmission
through a television receiver, image projector, or
other display device. All conditions, limits,
limitations and exclusions that apply to the
Additional Coverages of this endorsement will
apply to any personal injury arising out of such
transmission.
5. Limitation of Defense Coverage - Nothing in
the Defense Coverage provided by this policy
shall be construed to obligate us in any way to
pay for any actual or alleged damage, injury or
loss of any kind sustained by any person, or any
related judgment or award that arises directly or
indirectly out of any loss.
6. Representations
- By accepting this Coverage
Endorsement, you agree:
a. the entries pertaining to this coverage on the
declarations page are based upon
representations which you or any insured
have made to us; and
b. we have issued this Coverage Endorsement
in reliance upon such representations.
OTHER PROVISIONS
All other provisions of the Commercial Liability
04M5A0494326
BGL-41 (1.0) Copyright, 2013 Brotherhood Mutual Insurance Co. Page 7 of 7 All Rights Reserved
Coverage Form (GL-100) and the Liability and
Medical Coverage Form (BGL-11), apply to this
endorsement, unless otherwise modified herein.
04M5A0494326
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04M5A0494326
BGL-71B (4.0) Copyright, 2013 Brotherhood Mutual Insurance Co. Page 1 of 7 All Rights Reserved
This Liability Coverage Endorsement is subject to the terms of the applicable Commercial Liability Coverage Form (GL-100) and the Liability and Medical Coverage Form (BGL-11). Only one liability coverage will apply to an occurrence and any related loss. This endorsement is attached to and made part of the policy. Attachment of this endorsement to the policy will not convert the policy into an automobile policy.
THIS INSURANCE ENDORSEMENT FORMS PART OF YOUR POLICY CONTRACT .
PLEASE READ IT CAREFULLY.
MINISTRY OPERATIONS
BROAD FORM NONOWNED VEHICLE COVERAGE
~ INCLUDING RENTED VEHICLE PHYSICAL DAMAGE PAYMENTS
AND MEDICAL PAYMENTS COVERAGE ~
AGREEMENT
We provide the Additional Coverages described in
this endorsement, but only if B road
Nonowned/Rented Vehicle coverage is properly
designated in the declarations of this policy.
DEFINITIONS
Each of the words or phrases defined in the Definition
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11) apply to this endorsement, unless
otherwise modified herein. The following definitions
apply only to the Additional Coverages of this
endorsement.
1. Authorized operator means:
a. Your leader or your employee, but only
while operating or using a nonowned
vehicle on your behalf and for the benefit of
your organization; and
b. Any other person, but only while such person
is operating or using a nonowned vehicle at
the request of your leader, your employee,
or your appointed person , and only if
operated:
1) on your behalf and for the benefit of
your organization; or
2) for the sole purpose of gratuitously
parking such vehicle on your premises
or ways immediately adjoining your
premises (free valet parking).
But authorized operator does not include an
independent contractor.
2. Covered person means you; and your leaders
while acting on your behalf and within the scope
of their delegated authority. Covered person
also includes the authorized operator of your
rented vehicle , but does not include: (a.)
independent contractors ; or (b) any other
operator of a nonowned vehicle who is not an
authorized operator.
3. Financing agreement means any contract or
arrangement in which a vehicle is provided in
exchange for installment payments (over time) to
a vehicle owner, a leasing company or to any
other financial institution.
4. Independent contractor means a person:
a. who receives payment or other
compensation from you in exchange for work
performed; and
b. who, in performing his or her work, uses
primarily his or her own property, equipment
or supplies (or such property, equipment and
supplies they have procured from other
sources); and
c. whose approach to and method of work your
organization does not materially control.
5. Mobile maintenance equipment means a farm
tractor, riding lawn mower or similar self-
propelled, land motor vehicle that:
a. is designed for use off public roads; and
04M5A0494326
BGL-71B (4.0) Copyright, 2013 Brotherhood Mutual Insurance Co. Page 2 of 7 All Rights Reserved
b. is generally used in the maintenance of real
property; and
c. weighs less than 2000 pounds; and
d. has four or more wheels.
But mobile maintenance equipment does not
include any vehicle designed primarily for
construction or demolition activity or that utilizes
crawler treads.
6. Nonowned vehicle means mobile maintenance
equipment or an auto that is not:
a. owned by you; or
b. titled solely or jointly in your name; or
c. leased to you under any financing
agreement; or
d. used as a temporary substitute for an auto
you own that is out of service because of its
breakdown, repair, servicing, loss or
destruction; or
e. kept and controlled by you, or otherwise
regularly made available for your benefit.
7. Rented vehicle means a nonowned vehicle
that:
a. is obtained by a covered person through a
written rental agreement, and
b. is rented from either: (1) an organization in
the business of renting autos or mobile
maintenance equipment to others; or (2) an
organization or institution other than a rental
company that rents autos or mobile
maintenance equipment to others on a
regular or an occasional basis; and
c. is rented for the benefit of your organization;
and
d. is obtained with the express permission of
you, your leader or your employee.
ADDITIONAL COVERAGES
Subject to the applicable terms of coverage, we
provide insurance for the following Additional
Coverages.
For purposes of the Additional Coverages set forth
herein, covered person
means you; and your
leaders while acting on your behalf and within the
scope of their delegated authority. Covered person
also includes the authorized operator of your
rented vehicle , but does not include: (a.)
independent contractors; or (b) any other operator
of a nonowned vehicle who is not an authorized
operator. The above-named covered persons will
be considered insureds for the Additional Coverages
provided herein.
NONOWNED VEHICLE LIABILITY
COVERAGE
We pay all sums that a covered person becomes
legally obligated to pay as damages due to bodily
injury or property damage to which this coverage
applies. The event or events causing the bodily
injury or property damage:
a. must arise out of the operation, use, loading
or unloading of a nonowned vehicle
(including a rented vehicle ) by an
authorized operator; and
b. must be an occurrence taking place in the
basic territory during the policy period.
This liability coverage is strictly excess over any
policy, program, or plan (including direct, excess, and umbrella insurance) covering the operation or use of
any specific nonowned vehicle or covering the
liability of any person operating or using such vehicle, even if such policy, program, or plan is stated to be
secondary, excess, or contingent, or has coverage
available that is not elected to be used.
DEFENSE COVERAGE: AUTHORIZED
OPERATOR
This endorsement provides no liability coverage for
any person other than a covered person , but if an
authorized operator of a nonowned vehicle has no
other applicable defense coverage, then we will
provide the authorized operator with the following
limited Defense Coverage:
We agree to provide the Defense Coverage in the
Commercial Liability Coverage Form (GL-100) of this
policy to an authorized operator of a nonowned
vehicle, but only with respect to bodily injury or
property damage allegedly caused by the
authorized operator while operating the nonowned
vehicle on your behalf and for the benefit of your
organization. Such defense will be provided only if
the bodily injury or property damage occurred in
the basic territory during the policy period.
Limitation of Defense Coverage : The Defense
Coverage provided to authorized operators by this
04M5A0494326
BGL-71B (4.0) Copyright, 2013 Brotherhood Mutual Insurance Co. Page 3 of 7 All Rights Reserved
endorsement covers only those legal expenses and
other related costs that are specified in the Defense
Coverage section of the Commercial Liability
coverage form (GL-100). Nothing in the Defense
Coverage provided by this policy shall be construed
to obligate us in any way to pay for any actual or
alleged damage, injury, or loss of any kind sustained
by any person, or any related judgment or award
rendered against any authorized operator.
This Defense Coverage will not apply to any
authorized operator who is entitled to, or who is
provided, defense coverage through another policy,
program or plan of any kind.
RENTAL VEHICLE PHYSICAL DAMAGE
COVERAGE
We will pay for physical damage to, or the total loss
of, a rented vehicle regardless of your liability, but
only if:
a. the damage to, or total loss of, the rented
vehicle is properly documented; and
b. the damage or loss occurs in the basic
territory during the policy period.
This Physical Damage Coverage is a primary
coverage with respect to all authorized operators
unless the authorized operator is the owner of the
rented vehicle . If the authorized operator is the
owner of the rented vehicle , then this Physical
Damage Coverage is strictly excess over any policy,
program, or plan (including direct, excess, and
umbrella insurance):
a. covering the operation or use of any specific
rented vehicle; or
b. providing physical damage coverage for such
specific rented vehicle;
even if such policy, program, or plan is stated to be
secondary, excess, or contingent, or has coverage
available that is not elected to be used.
This Physical Damage Coverage is subject to a $500
deductible. We will pay the lesser of the amount to
repair or to replace the vehicle. We will not under
any circumstances pay more than the actual cash
value of the vehicle, and will pay no more than
$60,000 toward the repair or replacement of any one
vehicle covered herein, subject to the limit per policy period stated in the How Much We Pay section of
this endorsement.
NONOWNED VEHICLE MEDICAL
PAYMENTS EXTENSION
Any Principal Coverage M (Medical Payments)
coverage of this policy will apply to bodily injury
sustained by any person during the policy period
while occupying, loading or unloading your
nonowned vehicle (including your rented vehicle)
but only if the nonowned vehicle is being used on
your behalf and for the benefit of your organization.
If a limit is entered for Principal Coverage M on the
declarations of this policy, then such limit will apply to this Coverage Extension, along with all other
terms, limits, limitations, conditions and exclusions
of Principal Coverage M, and all of the terms, limits,
limitations, conditions and exclusions of this
Nonowned Vehicle endorsement. If no limit is
entered for Principal Coverage M on the
declarations of this policy, then this Coverage
Extension will not apply. Payments made under this
Coverage Extension are subject to the Medical
Extension Aggregate Limit provision in the How Much
We Pay section of this endorsement.
Limitation of Medical Payments Coverage:
The Medical Payments Extension of this
endorsement covers only certain reasonable and
necessary medical expense. This Coverage
Extension will apply regardless of fault, and the
payment of a medical expense under the Medical
Payments Extension of this endorsement does not
mean that we admit we are liable under other
coverages of the policy.
LOSS OF USE COVERAGE
We will pay up to $1,500 per vehicle for claims of loss of use, loss of rental income, rental company
administrative fees and/or proven diminution in
vehicle value that results from damage to, or the total loss of, a rented vehicle regardless of your liability, but only if:
a. the damage to, or total loss of, the r ented
vehicle is properly documented; and
b. the claim for loss of use, loss of rental
income, rental company administrative fees
and/or diminution in vehicle value is fair and
reasonable; and
c. the damage or loss occurs in the basic
territory during the policy period.
This Loss of Use Coverage is a primary coverage,
but is provided strictly subject to the designated limit per policy period and related limitations set forth in
the How Much We Pay section of this endorsement.
04M5A0494326
BGL-71B (4.0) Copyright, 2013 Brotherhood Mutual Insurance Co. Page 4 of 7 All Rights Reserved
TRIP OCCUPANT COVERAGE
We will pay up to $1,000 per person toward
replacement of personal property that is stolen or
destroyed while secured on or in a nonowned
vehicle (including a rented vehicle) or attached
trailer, but only if:
a. the property is owned by a participant in an
overnight trip organized and directed by you;
and
b. the nonowned vehicle is under the general
care of an authorized operator; and
c. the value and loss of the property is properly
documented, and
d. the loss is sustained in the basic territory
during the policy period.
This Additional Coverage is strictly excess over any
other policy, program or plan covering such loss, but
this coverage may be applied toward the deductible
applying to such policy program or plan. We will,
under no circumstances, pay more than the actual
cash value of such property. This coverage does not
apply to property covered under the Damage To
Property of Others Coverage of this endorsement.
DAMAGE TO PROPERTY OF OTHERS
COVERAGE
We will pay up to $1,000 for property of others that is stolen, damaged, or destroyed while being
transported for your benefit on or in a n onowned
vehicle (including a rented vehicle ) or attached
trailer, but only if:
a. the property is not owned, rented, or leased
by you or by the owner of the vehicle; and
b. the nonowned vehicle is under the general
care of an authorized operator; and
c. the value and loss of the property is properly
documented; and
d. the loss is sustained in the basic territory
during the policy period.
This Additional Coverage is strictly excess over any
other policy, program or plan covering such loss, but
this coverage may be applied toward the deductible
applying to such policy, program or plan. We will pay
the lesser of the amount to repair or replace the
property, subject to the limit of this coverage. We
will, under no circumstances, pay more than the
actual cash value of such property. This coverage
does not apply to property covered under the Trip
Occupant Coverage of this endorsement.
NONOWNED VEHICLE DEDUCTIBLE
REIMBURSEMENT COVERAGE
We will reimburse the owner or driver of a nonowned
vehicle up to $1,000 for damage to the vehicle, but
only if the owner or driver pays to repair or replace
the vehicle under a deductible provision of their
insurance policy, and only if:
a. the nonowned vehicle is under the care of
an authorized operator; and
b. the damage to the vehicle and amount of the
deductible is properly documented; and
c. the loss is sustained in the basic territory
during the policy period.
EXCLUSIONS
Each of the exclusions set forth in the Exclusions
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11) apply to each of the Additional
Coverages provided by this endorsement, unless
otherwise modified herein.
1. Exclusion 6 of the Exclusions section of the
Liability and Medical Coverage Form (BGL-11)
[which replaces and supersedes Exclusion 6 of
the Exclusions That Apply to Bodily Injury and
Property Damage section of the Commercial
Liability Coverage Form (GL-100)] is modified to
the extent that coverage is otherwise provided
herein, but only with respect to nonowned
vehicles.
2. Exclusions 1, 3 and 4 of the Additional
Exclusions That Apply only to Property Damage
section of the Commercial Liability Coverage
Form (GL-100) are modified, but only to the
extent that Coverage is otherwise provided
herein by the Rental Vehicle Physical Damage,
Loss of Use, Trip Occupant, and Damage to
Property of Others Additional Coverages of this
endorsement.
3. We do not pay for loss of any kind arising directly
or indirectly out of the use of any nonowned
vehicle in, or the practice or preparation for,
racing, speed, pulling, pushing, demolition or
stunt contests.
4. We do not pay for loss of any kind arising directly
or indirectly out of the use of any nonowned
04M5A0494326
BGL-71B (4.0) Copyright, 2013 Brotherhood Mutual Insurance Co. Page 5 of 7 All Rights Reserved
vehicle in chauffer or taxi services, fee-based
valet services, or fee-based livery services; this
includes any nonowned vehicle that is used to
make deliveries to you, or on behalf of you or
your leaders.
5. We do not pay for loss of any kind which is
caused intentionally or in the course of
committing a crime by any covered person or
any authorized operator . But this exclusion
does not apply to moving violations or similar
traffic offenses.
6. We do not pay for loss of any kind arising directly
or indirectly out of the operation of any
nonowned vehicle if a driver is provided with the
vehicle as part of any charter, lease, or rental
agreement. But this exclusion does not apply to
claims of negligent selection or negligent
retention of a charter company by you or your
leaders. No coverage will apply under this policy,
however, to any charter company or to any
supplied driver.
7. We do not pay for physical damage, property
damage or other loss to any nonowned vehicle,
except to the extent that coverage is otherwise
provided by the Rental Vehicle Physical Damage,
Loss of Use, or Nonowned Vehicle Deductible
Reimbursement Additional Coverages herein.
8. We do not pay for physical damage, property
damage or other loss to any property being
stored in, or transported by, a nonowned
vehicle or attached trailer, except to the extent
that coverage is otherwise provided by the Trip
Occupant or Damage to Property of Others
Additional Coverages herein.
9. We do not pay for physical damage, property
damage or other loss caused by or resulting from
wear and tear, freezing, mechanical or electrical
breakdown, or for damage to tires or theft of
sound equipment that is not permanently
installed in a vehicle.
10. We do not pay for physical damage, property
damage or other loss to portable telephones,
computers or related access ories or software; or
for any audio or video tapes, records, discs, or
other media used in connection with sound
equipment, video equipment or computers.
11. We do not pay for loss of use or loss of rental
income resulting from damage to any nonowned
vehicle, except to the extent that such coverage
for rented vehicles is otherwise provided herein
by the Loss of Use Additional Coverage.
12. We do not cover any liability assumed under any
contract or agreement relating to the operation,
rental, or use of any
nonowned vehicle , except
to the extent that coverage is otherwise provided
in the absence of liability by the Rental Vehicle
Physical Damage and Loss of Use Additional
Coverages herein.
13. We do not provide any liability coverage for loss
of any kind arising directly or indirectly out of the
use of any owned or nonowned trailer or other
device, if such trailer or device is towed by an
auto, mobile maintenance equipment or other
motorized vehicle that is owned by you. But we
will provide the Rental Vehicle Physical Damage
Coverage of this endorsement in relation to a
rented trailer that is being pulled by a motorized
vehicle that is owned by you.
CONDITIONS
Each of the conditions set forth in the Conditions
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11) apply to each of the Additional
Coverages provided by this endorsement, unless
otherwise modified herein. The following conditions
apply to the Additional Coverages of this
endorsement.
1. Nature of Coverage:
The Additional Coverages of this endorsement
relate to, and are strictly limited to, certain
nonowned equipment and vehicles. No premium
has been collected or received by us for any
owned vehicle coverage commonly provided by
automobile policies, and no such coverage will be
provided in any manner by us in connection with
this endorsement.
The attachment of this endorsement to the policy
will not convert this premises/operations policy
into an automobile policy for the purpose of
applying any federal, state or local law regulating
automobile insurance or automobile coverages,
including any no-fault, uninsured motorist,
underinsured motorist, or similar law.
2. Premium:
The premium charged for the Additional
Coverages of this endorsement has been based
on an assumption that nonowned vehicles
rented by you or on your behalf will be limited to
45 or fewer "vehicle rental days" per year.
"Vehicle rental days" means the number of
vehicles rented, multiplied by the number of days
that each vehicle was rented.
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If your vehicle rental exposure exceeds 45
"vehicle rental days" per year, we maintain the
right to adjust your premium accordingly.
3. Subrogation Rights:
Any person to or for whom we make payment
under any Additional Coverage of this
endorsement thereby transfers to us their rights
of recovery against any party responsible for the
loss, and must assist us in our attempt to
recover any amounts we have paid under the
terms of this endorsement.
4. Subrogation Rights- Medical Payments:
Any person to or for whom we make payment
under the Nonowned Vehicle Medical Payments
Extension of this endorsement thereby transfers
to us their rights of recovery against any party
responsible for the injury, and must assist us in
our attempt to recover any amounts we have
paid under the medical payments extension of
this endorsement.
5. Physical Damage Appraisal:
If we and the owner of a vehicle covered herein
disagree as to the value of the vehicle or cost to
repair the vehicle, either party may demand an
appraisal of the value or cost. In this case, each
party will select a competent appraiser. The two
appraisers will select a competent and impartial
umpire. The appraisers will state separately the
actual cash value or cost to repair. If they fail to
agree, they will submit their differences to an
umpire. A decision agreed to by any two will be
binding. Each party will pay its appraiser and will
bear other appraisal expenses and the cost of the
umpire equally.
Our submission of a dispute to an appraisal will
not waive any rights we have under this policy.
HOW MUCH WE PAY
Each of the provisions set forth in the How Much We
Pay section of the Liability and Medical Coverages
Form (BGL-11) apply to the Additional coverages
provided by this endorsement, unless otherwise
modified herein.
1. Other Insurance:
The Additional Coverages of this endorsement do
not provide coverage for named vehicles or for
named operators. The coverages of this
endorsement are "excess" over any other
available coverage relating to specific vehicles or
operators, unless our coverage is specifically
designated as primary coverage herein.
"Excess" means that no payment will be made by
us until all other available policies, programs,
plans or agreements have paid their limit of
coverage; even if such policy, program, plan or
agreement is stated to be secondary, excess or
contingent; or has coverage available that is not
elected to be used.
2. Vehicles Rented By Your Employees,
Leaders, or Volunteers:
If your leader, your employee, your appointed
person or your volunteer is directed by you to
rent a vehicle, and if such person is acting as the
authorized operator of such rented vehicle at
the time of loss, then the Nonowned Vehicle
Liability Coverage of this endorsement will be
primary to other liability coverage in which the
leader, employee, appointed person , or
volunteer is listed as a named insured. Our
liability coverage will remain excess, however, to
all other applicable policies, programs, plans and
agreements.
3. Physical Damage Limit:
We will pay no more than $60,000 per vehicle
under the Rental Vehicle Physical Damage
Coverage for damage or loss to which this
coverage applies. We will pay no more than
$120,000 under the Rental Vehicle Physical
Damage Coverage for all covered losses
occurring during the policy period.
4. Medical Extension Aggregate Limit:
We will pay no more than $150,000 per
occurrence for all claims to which the Nonowned
Vehicle Medical Payments Extension applies.
Covered medical bills will be paid in the order
that they are received by us until an applicable
limit (per person or coverage aggregate) is
reached, at which point payment associated with
such person or occurrence will cease. This
Medical Extension Aggregate Limit represents
the most we will pay for any one occurrence for
all claims to which the Nonowned Vehicle
Medical Payments Extension applies, regardless
of the number of persons affected, or the total
amount of cost incurred in connection with such
occurrence.
5. Loss of Use Limit:
We will pay no more than $1,500 per vehicle
under the Loss of Use Coverage for loss of use
or loss of rental income to which the Loss of Use
Additional Coverage of this endorsement applies.
In addition, we will pay no more than $3,000
under the Loss of Use Additional Coverage for all
covered losses occurring during the policy
period.
6. Shared Losses (Physical Damage) :
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If other policies, programs, plans or agreements
provide primary physical damage coverage, then
we will pay under our Physical Damage
Coverage an equal share with all other obligated
payors until the full amount of the loss is paid, or
until we have paid our limit in full. No duplicate
payment will be made with respect to any
covered loss.
7. Application of Coverage:
The Defense, Rental Vehicle Physical Damage,
Medical Payments Extension, Trip Occupant,
Damage to Property of Others and Nonowned
Vehicle Deductible Reimbursement Additional
Coverages of this endorsement will apply in
addition to the liability coverage herein, but will
not act to increase any limit relating to any
Nonowned Vehicle Coverage.
OTHER PROVISIONS
All other provisions of the Commercial General
Liability Coverage Form (GL-100) and the Liability
and Medical Coverage Form (BGL-11), apply to this
endorsement, unless otherwise modified herein.
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PROVISION MODIFICATIONS
PROVISION MODIFICATION - RENTAL VEHICLE PHYSICAL DAMAGE COVERAGE - MODIFIED LIMIT OF COVERAGE -
We provide the Provision Modification described in this endorsement, but only if this form (BGL-777) and the
Nonowned Vehicle Coverage Form (BGL-71) [or the
Broadened Nonowned Vehicle Coverage Form (BGL-
71B)] is properly designated in the Declarations, and
only with respect to the Rental Vehicle Physical
Damage Additional Coverage.
Each of the words or phrases defined in the Definition
section of the Commercial Liability Coverage Form
(GL-100), the Liability and Medical Coverage Form
(BGL-11) and the Nonowned Vehicle Coverage Form
(BGL-71) [or the Broadened Nonowned Vehicle
Coverage Form (BGL-71B)] apply to this
endorsement, unless otherwise modified herein. The
following definitions apply only to the Provision
Modifications of this endorsement.
1. Per vehicle limit means only the amount
entered above as the PER VEHICLE LIMIT.
2. Per policy period limit means only the
amount entered above as the PER POLICY
PERIOD LIMIT.
1. Modification of Additional Coverage-
Within the Nonowned Vehicle Coverage Form (BGL-
71) or, alternatively, the Broadened Nonowned Vehicle
Coverage Form (BGL-71B), the following provision
replaces and supersedes the grant of coverage
entitled Vehicle Rental Vehicle Physical Damage
Coverage:
RENTAL VEHICLE PHYSICAL DAMAGE
COVERAGE -
We will pay for physical damage to, or the total loss of, a rented vehicle regardless of your liability, but only if:
a. the damage to, or total loss of, the rented
vehicle is properly documented; and
b. the damage or loss occurs in the basic
territory during the policy period.
This Physical Damage Coverage is a primary
coverage, subject to a $250 deductible. We will pay
the lesser of the amount to repair or to replace the
vehicle. We will not under any circumstances pay
more than the actual cash value of the vehicle, and will pay no more than the per vehicle limit toward the
repair or replacement of any one vehicle covered
herein, subject to the per policy period limit stated in the How Much We Pay section of this endorsement.
2. Modification of How Much We Pay Section-
The following provision replaces and supersedes the
Physical Damage Limit provision stated in the How
Much We Pay section of the Nonowned Vehicle
Coverage Form (BGL-71) or, alternatively, in the
Broadened Nonowned Vehicle Coverage Form (BGL-
71B):
Physical Damage Limit
We will pay no more than the per vehicle limit
for all damage or loss sustained by any covered
rented vehicle to which the Rental Vehicle
Physical Damage Coverage applies. We will pay
no more than the per policy period limit under
This Coverage Endorsement is subject to the terms of the Commercial Liability Coverage Form (GL-100), the Liability and Medical Coverage Form (BGL-11) and the Nonowned Vehicle Coverage Form (BGL-71) [or the Broadened Nonowned Vehicle Coverage Form (BGL-71B)]. Only one liability coverage (Principal, Supplemental, or Additional) will apply to an occurrence and any related loss. Attachment of this endorsement to the policy will not covert the policy into an automobile policy.
- PLEASE READ THIS CAREFULLY -
AGREEMENT
DEFINITIONS
PER VEHICLE LIMIT: PER POLICY PERIOD LIMIT: $180,000$ 90,000
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CONDITIONS
LIMITATION
OTHER PROVISIONS
EXCLUSIONS
the Rental Vehicle Physical Damage Coverage
for all covered Rental Vehicle Physical Damage
losses occurring during the policy period.
Each of the exclusions set forth in the Exclusions
Section of the GL-100, BGL-11 and the BGL-71 [or the
BGL-71B] will apply to the Provision Modification of
this endorsement.
Each of the Conditions set forth in the Conditions
Section of the GL-100, BGL-11 and the BGL-71 [or the
BGL-71B] will apply to the Provision Modification of
this endorsement.
Nothing in this endorsement will act to increase any
other limits of coverage of this policy. No coverage is provided by this endorsement unless the Nonowned
Vehicle Coverage Form (BGL-71) or the Broadened
Nonowned Vehicle Coverage Form (BGL-71B) is
included as part of this policy.
All other provisions of this policy remain unchanged.
Nothing in this endorsement will act to modify any
terms of the policy other than the terms specified
herein.
04M5A0494326
BGL-66 CA (1.2) Copyright, 2017 Brotherhood Mutual Insurance Co. Page 1 of 11 All Rights Reserved This Liability Coverage Endorsement is subject to the terms of the applicable Commercial Liability Coverage Form (GL-100) and the Liability and Medical Coverage Form (BGL-11). Only one liability coverage will apply to an occurrence and any related loss. This endorsement is attached to and made part of the policy.
THIS INSURANCE ENDORSEMENT FORMS PART OF YOUR POLICY CONTRACT.
PLEASE READ IT CAREFULLY.
MINISTRY OPERATIONS
RELIGIOUS FREEDOM PROTECTIONSM COVERAGE
RELIGIOUS COMMUNICATIONSM, RELIGIOUS ACTIVITYSM,
RELIGIOUS BELIEF DEFENSESM AND DISCRIMINATORY ACTS LIABILITY Note: The coverage of this Religious Freedom Protection Endorsement applies to covered claims arising out of belief-based decisions and communication, but does not apply to any claims made by your employee or job applicant. Coverage for employment-related allegations is provided in an optional Employment Practices Liability Coverage Form.
AGREEMENT
We provide the Additional Coverages described in
this endorsement, but only if Religious Freedom
coverage is properly designated in the declarations
of this policy, and only if you are a religious or not- for-profit ministry organization.
DEFINITIONS
Each of the words or phrases defined in the Definition
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11), apply to each of the Additional
Coverages provided by this endorsement, unless
otherwise modified herein. The following definitions
apply only to the Additional Coverages of this
endorsement.
1. Belief-based decision or practice means:
a. the decision to pursue a particular course of
action; or
b. a practice, policy or stance;
that is undertaken or otherwise pursued in
accordance with, and in furtherance of, the
spiritual or religious beliefs of your ministry
organization.
2. Covered person means you; and your leaders,
your employees, your appointed persons and
your volunteers , but only while acting on your
behalf, for your benefit, and within the scope of
their delegated authority.
3. Defense Costs means reasonable and
necessary legal fees, costs, and expenses
charged by a law firm or an attorney that are
directly related to the legal defense of a person
against whom a lawsuit, proceeding, action,
subpoena, summons, or tax challenge is
directed.
4. Discriminatory act means:
a. any act that would be considered
discrimination under any applicable federal,
state or local statute, ordinance or law; or
b. any conduct characterized or interpreted as
violating any federal, state or local statute,
ordinance or law enacted for the purpose of
protecting individuals from discriminatory
conduct; or
c. any disparate impact sustained by any
person because of that person's race,
religion, gender, sexual orientation, age,
nationality, criminal background, physical
impairment or disability; or
d. any conduct characterized or interpreted as
being discriminatory in nature by a person
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against whom such conduct is directed.
Any of the above acts or conduct will be
considered a single discriminatory act if
undertaken by the same perpetrator(s), entity or
employer, even if such acts are directed against
more than one person, occur over time, or take
place during more than one policy period.
Discriminatory act does not include conduct
characterized or interpreted as sexual
intimidation or sexual harassment, or as
intimidation or harassment based on a person’s
gender.
5. Governmental inquiry means a preliminary
investigation undertaken by governmental or law
enforcement officials that is directed against a
person suspected of committing a wrongful act
under federal, state or local law But
governmental inquiry does not include:
a. any investigation or other governmental
action that occurs after any criminal charges
have been filed against such person; or
b. any criminal action or criminal proceeding.
More than one such investigation arising out of
the same or related incidents, allegations or
events will be considered a single governmental
inquiry.
6. Personal activity means individual activity or
group activity that is undertaken apart from your
ministry operations. Personal activity includes
activity:
a. that is outside the scope or purpose of your
ministry operations; or
b. that is outside the scope, purpose or
directives conveyed by you or your leaders
to any committee, group, or covered
person; or
c. that is unauthorized, unapproved or
prohibited by your organization; or
d. that is neither coordinated, overseen nor
monitored by your organization; or
e. that does not further the belief-based
decisions or practices of your ministry
organization.
7. Prior claim means a formal claim, a civil lawsuit,
civil government action or similar proceeding
directed against one or more insureds or
covered persons in which monetary damages or
equitable relief is sought, but only if such claim,
lawsuit, action or proceeding was filed or initiated
prior to the date on which this policy or any
applicable coverage takes effect. Prior claim
includes a claim or litigation which is in process
on the date that any coverage of this policy takes
effect.
8. Religious activity means an act or expression
undertaken in accordance with, and in
furtherance of, the spiritual or religious beliefs of
your organization. More than one related act or
expression will be considered a single religious
activity, even if such activity occurs over time,
during more than one policy period or involves
multiple persons.
9. Religious communication means a religious
message, sermon, invocation, church publication,
or other oral or written communication containing
any religious or spiritual content that is conveyed
to three or more persons. Religious
communication includes religious or spiritual
communication that is conveyed as an electronic
data transmission (such as e-mail), or that is
posted on an electronic communication network
(such as the internet or a social media site).
More than one related communication will be
considered a single religious communication ,
even if such communication is conveyed over
time, during more than one policy period, or to
multiple recipients.
10. Targeted action means a civil lawsuit, a
governmental action, agency hearing, legislative
summons, governmental inquiry , contempt
proceeding or other similar action, summons,
proceeding or hearing that targets you, your
leaders or your employees as a direct result of
your belief-based decision or practice , but
only if the allegations of such legal action is not
otherwise covered under the terms of this policy.
More than one such lawsuit, action, summons,
proceeding or hearing (or appeal thereof) arising
out of the same or related incidents, allegations
or events will be considered a single targeted
action.
ADDITIONAL COVERAGES
Subject to the applicable terms of coverage, we
provide insurance for the following Additional
Coverages.
For purposes of the Additional Coverages set forth
herein, covered person means you; and your
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leaders, your employees, your appointed persons
and your volunteers, but only while acting on your
behalf, for your benefit, and within the scope of their delegated authority. The above-named covered
persons will be considered insureds for the
Additional Coverages provided herein.
RELIGIOUS COMMUNICATIONSM
LIABILITY COVERAGE
We pay all sums that a covered person becomes
legally obligated to pay as damages due to
emotional injury to which this coverage applies.
The emotional injury must arise out of your
religious communication , and the event or events
causing the emotional injury:
a. must occur in connection with the religious or
not-for-profit operations of your organization;
and
b. must be an occurrence taking place in the
coverage territory during the policy period.
This Additional Coverage does not apply to religious
activity of any kind.
This Additional Coverage also does not apply to
personal injury, nor does it apply to any emotional
injury arising directly or indirectly out of any
discriminatory act, sexual act or counseling act of
any kind.
RELIGIOUS ACTIVITYSM LIABILITY
COVERAGE
We pay all sums that a covered person becomes
legally obligated to pay as damages due to
emotional injury to which this coverage applies. The
emotional injury must arise out of your religious
activity, and the event or events causing the
emotional injury:
a. must occur in connection with the religious or
not-for-profit operations of your organization;
and
b. must be an occurrence taking place in the
coverage territory during the policy period.
This Additional Coverage does not apply, however, to
religious communication of any kind.
This Additional Coverage also does not apply to
personal injury, nor does it apply to any emotional
injury arising directly or indirectly out of any
discriminatory act, sexual act or counseling act of
any kind.
DISCRIMINATORY ACTS LIABILITY
COVERAGE
We pay all sums that a covered person becomes
legally obligated to pay as damages due to
emotional injury to which this coverage applies. The
emotional injury must be sustained by a person
other than your employee or job applicant, and the
event or events causing the emotional injury:
a. must constitute a discriminatory act arising
out of the operation of your ministry
organization; and
b. must take place in the coverage territory
during the policy period.
This Additional Coverage will apply to emotional
injury arising out of alleged discriminatory acts
involving electronic data transmissions (such as e-
mail) or the posting of information on an electronic
communication network (such as the internet or a
social media site), provided that claim for such injury is brought in the basic territory.
This Additional Coverage will also apply to emotional
injury arising out of alleged discriminatory acts
directed against persons who have been convicted
of, or have entered into a plea agreement involving,
any criminal act.
This Additional Coverage does not apply, however, to
any:
a. bodily injury , property damage or personal
injury of any kind; or
b. loss of any kind arising directly or indirectly out of or in connection with any:
(1) sexual act of any kind; or
(2) counseling act of any kind; or
(3) doctrine, belief or practice that embraces or
espouses racial superiority, racial
segregation or other similar race-based
beliefs or practices of any kind.
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TAX EXEMPT CHALLENGE:
EXPENSE REIMBURSEMENT
COVERAGE
(CHALLENGE TO THE MINISTRY’S
TAX-EXEMPT STATUS)
Subject to the terms and limits set forth herein, we
will reimburse reasonable and necessary defense
costs and other reasonable tax-consultation
expenses incurred by your ministry organization in
response to a challenge to your federal tax-exempt
status.
The challenge to your tax status may be made by an
agency of the federal government (such as the IRS)
or by another agency, person or entity. Such
challenge must be initiated in the basic territory
during the policy period , and the act(s), error(s) or
omission(s) upon which the challenge is based must
have taken place at a time that we provided
premises/operations liability insurance to your
organization.
This coverage is provided subject to the Tax Exempt
Challenge Expense Reimbursement Limit set forth in
the How Much We Pay section of this endorsement.
The Expense Reimbursement Coverage of this
endorsement will not be provided if other liability
coverage applies.
Limitation of Expense Coverage:
Nothing in the Expense Reimbursement Coverage
provided by this policy shall be construed to obligate
us in any way to pay for:
a. any fees, costs or expenses that are not
specifically covered herein; or
b. any costs for any actual or alleged damage,
injury or loss of any kind sustained by any
person or entity; or
c. any related judgment or award that arises
directly or indirectly out of any loss.
LITIGATION ACTIVITY:
LEGAL DEFENSE
REIMBURSEMENT COVERAGE
(DEFENDING ATTACKS ON BELIEF-BASED
DECISIONS AND PRACTICES)
Subject to the terms and limits set forth herein, we
will reimburse reasonable and necessary defense
costs incurred by a covered person who is pursued
in a targeted action to which this coverage applies.
The event or events upon which the targeted action
is based must arise out of:
a. religious communication; or
b. religious activity; or
c. a belief-based decision or practice.
In addition, the targeted action must be initiated in
the basic territory during the policy period,a n d t h e communication, activity, decision or practice out of
which the targeted action arises must have taken
place at a time that we provided premises/operations
liability insurance to your organization.
We will also reimburse defense costs incurred by a
covered person who is the subject of a subpoena or
injunctive relief in connection with a targeted action
to which this coverage applies.
This coverage is provided subject to the Defense
Reimbursement Limit set forth in the How Much We
Pay section of this endorsement, and no coverage
will be provided in connection with personal activity
of any kind.
The Defense Reimbursement Coverage of this
endorsement will not be provided if other liability
coverage applies to a targeted action ; and
submission of a Coverage Request under the terms
of this endorsement will waive all other liability
coverages of our policy or policies with respect to
such action.
Limitation of Defense Coverage:
Nothing in the Defense Coverage provided by this
policy shall be construed to obligate us in any way to
pay for:
a. any fees, costs or expenses that are not
specifically covered herein; or
b. any costs for any actual or alleged damage,
injury or loss of any kind sustained by any
person or entity; or
c. any related judgment or award that arises
directly or indirectly out of any loss.
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LITIGATION ACTIVITY:
DECLARATORY ACTION
REIMBURSEMENT COVERAGE
(ADDRESSING THREATS TO BELIEF-BASED
DECISIONS AND PRACTICES)
If your ministry organization incurs expense to file a
declaratory judgment action against a governmental
body, governmental agency or other governmental
entity in order to enforce your right to undertake or
pursue a belief-based decision or practice , then,
subject to the terms and limits set forth herein, we
will reimburse such costs.
This Declaratory Action Reimbursement Coverage
will apply only to a declaratory judgment action:
(1) that seeks to correct an alleged violation of
your belief-based decision or practice ;
and
(2) that is filed in the basic territory during the
policy period.
This Declaratory Action Reimbursement Coverage
will further apply only to expenses:
(1) that are reasonable and necessary; and
(2) that do not exceed the stated Declaratory
Action Reimbursement Limit in the How
Much We Pay section of this endorsement.
This coverage is provided subject to the Declaratory
Action Reimbursement Limit set forth in the How
Much We Pay section of this endorsement, and no
coverage will be provided in connection with
personal activity of any kind.
Limitation of Defense Coverage:
Nothing in the Defense Coverage provided by this
policy shall be construed to obligate us in any way to
pay for:
a. any fees, costs or expenses that are not
specifically covered herein; or
b. any costs for any actual or alleged damage,
injury or loss of any kind sustained by any
person or entity; or
c. any related judgment or award that arises
directly or indirectly out of any loss.
EXCLUSIONS
Each of the exclusions set forth in the Exclusions
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11) apply to each of the Additional
Coverages provided by this endorsement, unless
otherwise modified herein. The following exclusions
apply to the Additional Coverages of this
endorsement.
1.a. Exclusion 1 of the Additional Exclusions That
Apply to All Coverages Section of the Liability
and Medical Coverage Form (BGL-11) is deleted
to the extent that coverage is otherwise provided
herein.
1.b. Exclusion 16 of the Additional Exclusions That
Apply to All Coverages Section of the Liability
and Medical Coverage Form (BGL-11) is deleted
to the extent that coverage is otherwise provided
herein.
2. We do not pay for loss of any kind sustained by
your leader , your employee or your job
applicant.
3. We do not pay for loss of any kind sustained by
any clergy, employee or job applicant within your
association or organization, whether or not such
person is directly employed by you.
4. We do not pay for loss of any kind arising directly
or indirectly out of; nor do we provide any
coverage in relation to allegations arising directly
or indirectly from, any sexual act, or counseling
act. Coverage does apply, however, to claims of
gender discrimination, but only if sexual
harassment is not alleged in connection with
such discrimination.
5. We do not pay for loss of any kind arising directly
or indirectly out of, nor do we provide any
coverage in relation to allegations arising directly
or indirectly from, the actual, threatened, or
alleged uninvited touching of, or use of physical
force against, one or more persons by another.
6. We do not pay for loss of any kind arising directly
or indirectly out of, nor do we provide any
coverage in relation to allegations arising directly
or indirectly from, any doctrine, belief or practice
that embraces or espouses racial superiority,
racial segregation or other similar race-based
beliefs or practices of any kind.
7. We do not pay for any loss of any kind arising
directly or indirectly out of, nor do we provide any
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coverage in relation to allegations arising directly
or indirectly from, any personal activity of any
kind.
8. We do not pay for loss of any kind arising directly
or indirectly out of, nor do we provide any
coverage in relation to allegations arising directly
or indirectly from, any libel, slander, invasion of
privacy, copyright infringement or other personal
injury.
9. We do not pay any fines or non-compensatory
penalties or for any exemplary or punitive
damages awarded in any legal proceeding.
10. We do not pay for any defense costs associated
with any targeted action that is filed by any of
your leaders , your employees or your job
applicants against you or against any other
covered person.
11. We do not pay for defense costs associated with
the appeal of any targeted action if such appeal
is initiated by any covered person.
12. We do not pay for defense costs associated
with:
a. any prior claim or related loss; or
b. any lawsuit, action, summons, proceeding or
hearing that is filed or initiated after the
Additional Coverages herein takes effect, if
any such lawsuit, action, summons,
proceeding or hearing is based upon a prior
claim or upon a related loss; or
c. any lawsuit, action, summons, proceeding or
hearing which, on the inception date of this
endorsement, has been discussed by your
leaders, presented or threatened by another
party, or is otherwise known of, anticipated or
expected by your leader or by the covered
person who is a subject of the lawsuit,
action, summons, proceeding or hearing; or
d. any lawsuit, action, summons, proceeding or
hearing that is filed or commenced within 60
days of the inception date of this coverage
endorsement.
13. We do not pay for any defense costs associated
with any dispute within your organization
regarding who has the right to govern or control
the organization or who controls or owns
your
organizational property or assets.
14. We do not pay for defense costs associated with
any criminal action or criminal proceeding
directed against a covered person after criminal
charges have been formally filed against such
person.
HOW MUCH WE PAY
Each of the provisions set forth in the How Much We
Pay section of the Liability and Medical Coverage
Form (BGL-11) apply to each of the Additional
Coverages provided by this endorsement, unless
otherwise modified herein. The following
modifications apply to the Additional Coverages of
this endorsement.
1. The Coverage Limit shown in the declarations
for Religious Freedom Liability coverage, subject
to the General Occurrence Limit, the Coverage
Aggregate Limit and the General Aggregate
Limit, is the most we will pay for all losses
arising out of an occurrence to which the
Additional Coverages of this endorsement apply.
This Coverage Limit is the most we will pay
regardless of:
a. the number of persons or entities to whom
this policy provides coverage; or
b. the number of losses or related losses
arising directly or indirectly out of one or
more related acts, errors, omissions,
decisions, incidents, events or breaches of
duty; or
c. the number of persons acted upon, or who
otherwise sustain injury, damage or loss;o r
d. the number of claims made or suits brought,
or the number of persons initiating such
claims or suits; or
e. the number of acts, errors, omissions,
decisions, incidents, events, or breaches of
duty contributing to injury, damage or loss;
or
f. the extent or duration of the injury, loss, or
related loss;o r
g. the extent or duration of the wrongful activity
or the number of acts, errors or omissions,
decisions, incidents, events or breaches of
duty contributing to the injury, damage or
loss; or
h. the number of our policy periods , or
portions thereof, over which any acts, errors,
omissions, decisions, incidents, events, or
breaches of duty contributing to injury,
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damage or loss should occur; or over which
the injury, loss or related loss should occur.
2. The Coverage Aggregate Limit shown in the
declarations for Religious Freedom Liability
coverage, subject to the General Aggregate
Limit, is the most we will pay under the Additional
Coverages of this endorsement, for all
occurrences taking place during the period to
which the Coverage Aggregate limit applies [as
described in Provision 8 of The How Much We
Pay section of the Liability and Medical Coverage
Form (BGL-11)].
3. If an occurrence to which any Coverage of this
policy applies consists of activity occurring on
more than one date during any policy period or
policy periods , such activity, together with any
related loss, will constitute a single occurrence,
and the date of occurrence will be considered to
be the earlier of:
a. the date on which the last alleged wrongful
act out of which the claim arises should
occur; or
b. the last day that we provided any coverage
to you for such act.
The policy forms, endorsements and limits in
effect on the date of occurrence will govern
coverage with respect to all claims arising directly
or indirectly out of the occurrence.
4. Reasonable Costs:
We will not pay any covered legal cost, fee or
expense unless such cost, fee or expense is
reasonable and necessary, relates to completed
tasks (not a retainer fee), and is directly related
to:
a. the legal defense of a lawsuit, action,
summons, proceeding, hearing or tax
challenge directed against a covered
person to which the applicable
Reimbursement Coverage provided herein
applies; or
b. a declaratory judgment action to which the
Declaratory Action Reimbursement Coverage
provided herein applies.
5. Tax Exempt Challenge Reimbursement
Limits:
We will pay no more than $25,000 toward
defense costs and other reasonable tax-
consultation expenses incurred in relation to a
tax-exemption challenge that is commenced
during the policy period. Further, we will pay no
more than $25,000 toward all covered costs
incurred in relation to all tax-exemption
challenges that are commenced during the
policy period.
HOW MUCH WE PAY PROVISIONS
RELATED TO
LITIGATION ACTIVITY COVERAGES
1. Hourly Limit: Defense Reimbursement:
We will pay no more than $175 per hour toward
legal fees to which the Defense Reimbursement
Coverage of this endorsement apply.
2. Hourly Limit:
Declaratory Action Reimbursement:
We will pay no more than $175 per hour toward
legal fees to which the Declaratory Action
Reimbursement Coverage of this endorsement
apply.
3. Defense Reimbursement Limits:
We will pay no more than $100,000 toward
defense costs incurred in relation to each
unrelated targeted action filed or initiated during
the policy period, and we will pay no more than
$300,000 toward defense costs incurred in
relation to all unrelated targeted actions that are
filed or initiated during the policy period.
4. Declaratory Action Reimbursement Limits:
We will pay no more than $50,000 toward
defense costs incurred in relation to each
unrelated declaratory judgment action
commenced or initiated during the policy period,
and we will pay no more than $100,000 toward
defense costs incurred in relation to all
unrelated declaratory judgment action
commenced or initiated during the policy period,
5. Application of Limits:
The hourly, defense reimbursement and
declaratory judgment reimbursement limits set
forth above represent the most we will pay
regardless of:
a. the total cost or expense required to prepare
for or defend any covered lawsuit, action,
summons, proceeding or hearing related
appeals; or
b. the number of plaintiffs, victims, accusers, or
other persons or entities alleging damage,
injury or loss; or
c. the number of covered persons or other
persons or entities that are the subject of a
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lawsuit, or the number of attorneys or law
firms representing such persons; or
d. the number of alleged acts, omissions,
incidents or exposures upon which the
lawsuits or inquiries are based; or
e. the number of our policy periods , or
portions thereof, during which any alleged
acts, omissions, incidents or exposures
should occur; or
f. the number of our policy periods , or
portions thereof, during the course of which
any lawsuits or inquiries should transpire.
In addition, the $300,000 Aggregate Defense
Reimbursement Limit is the most we will pay
regardless of the number of lawsuits, actions,
summonses, proceedings or hearings filed or
initiated during the policy period ; and the
$100,000 Aggregate Declaratory Action
Reimbursement Limit is the most we will pay
regardless of the number of actions filed during
the policy period . All related lawsuits, actions,
summonses, proceedings and hearings will be
considered a single targeted action for the
purpose of applying the stated limits of this
endorsement.
The reimbursement limits of this endorsement
do not add to or increase the limits of coverage
otherwise provided herein.
6. Defense Cost Reimbursement:
We have the right to pay defense costs covered
herein to either the covered person or to the law
firm retained by such covered person , but only
after proper documentation of the covered legal
expense has been submitted to us. If more than
one covered person is the subject of a covered
lawsuit, action, summons, proceeding or hearing,
we will pay the related legal expenses in the
order that documentation of such expense is
received by us, subject to the limits set forth
herein.
7. Related Lawsuit or Proceeding:
If any lawsuit, action, summons, proceeding or
hearing covered herein:
a. relates directly or indirectly or in any other
manner to any lawsuits, actions,
summonses, proceedings or hearings that
have been previously filed or initiated; or
b. arises in any manner out of the same or
related situation(s), incident(s) or event(s) as
any lawsuits or proceedings that have been
previously filed or initiated;
then all such related lawsuits, actions,
summonses, proceedings and hearings will be
considered a single covered action for purposes
of determining applicable limits, even if the prior
lawsuit(s) or proceeding(s) were filed during a
prior policy period . Only one Legal Defense
Reimbursement Limit or one Declaratory Action
Reimbursement Limit will apply to all related
lawsuits, actions, summonses, proceedings or
hearings, regardless of the dates of filing.
LITIGATION ACTIVITY REIMBURSEMENT
COVERAGE REQUIREMENTS
The following requirements apply to both Litigation
Activity Reimbursement Coverages of this
endorsement (Legal Defense Reimbursement
Coverage and Declaratory Action Reimbursement
Coverage):
1. Coverage Request:
No coverage will be available under the
Reimbursement Coverages of this endorsement
until we receive a written request for coverage
(Coverage Request) by or on behalf of the
covered person who is the subject of the
lawsuit, action, summons, proceeding or hearing.
The Coverage Request must acknowledge that
none of the liability coverage of any of our
policies apply to the covered person with
respect to such lawsuit, action, summons,
proceeding or hearing.
2. Selection of Counsel:
Covered persons against whom a lawsuit,
action, summons, proceeding or hearing is
directed have both the right and duty to select
and retain legal counsel. We will not be
responsible for any actual or alleged deficiency or
delay relating to the legal defense afforded by
such counsel.
3. Waiver of Coverage:
Selection of counsel by a covered person will be
deemed to prejudice us with respect to the
defense of any related lawsuit, action, summons,
proceeding or hearing. Accordingly, any
payment made under this endorsement will act to
waive coverage with respect to the covered
person under all other liability coverages
(Principal, Supplemental and Additional) of this
policy, and any of our other policies, with respect
to the allegations of the lawsuit, action,
summons, proceeding or hearing. Submission of
a Coverage Request, as provided above, will be
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considered an acknowledgement of such waiver
of liability coverage.
4. Duty to Cooperate:
Any covered person seeking coverage under
this endorsement must cooperate with us and
must, upon our request, assist us in settling any
lawsuit, action, summons, proceeding or hearing
to which the Additional Coverage of this
endorsement applies, provided that the terms of
such settlement does not violate the spiritual or
religious beliefs of your ministry organization.
CONDITIONS RELATED TO
LITIGATION ACTIVITY
REIMBURSEMENT COVERAGES
In addition to the other Conditions set forth above,
the following conditions also apply to the Litigation
Activity Reimbursement Coverages of this
endorsement.
1. Initiation of Coverage:
We will pay no legal cost incurred prior to the
latter of:
a. the date on which we receive a written
Coverage Request under the terms of this
endorsement; or
b. the date on which the lawsuit, action,
summons, proceeding or hearing is filed or
otherwise initiated.
2. Settlement:
By providing the Defense Reimbursement
Coverage of this endorsement, we undertake no
obligation of any kind to contribute toward the
settlement of any lawsuit or proceeding. We
maintain the right, however, to use any remaining
amount of the Defense Reimbursement Limit of
the Additional Coverage herein to settle, or to
contribute toward the settlement of, any
applicable lawsuit, action, summons, proceeding
or hearing. We will not settle any lawsuit on
behalf of any covered person, however, if:
a. we are in agreement with you that the terms
of such settlement would violate the spiritual
or religious beliefs of your ministry
organization; or
b. such covered person conveys to us a
written request to terminate coverage prior to
settlement of the proceeding.
Nothing in the settlement process will obligate us
in any way to pay any amount beyond the
specified defense costs provided herein, nor will
it in any way modify the terms of this
endorsement.
3. Other Coverage or Other Insurance:
No coverage will be provided under the
Reimbursement Coverages of this endorsement
if this policy or another insurance policy provides
any liability coverage with respect to the
allegations of the applicable lawsuit, action,
summons, proceeding or hearing. Nor will any
reimbursement coverage apply if any legal
defense is provided or required to be provided
under this policy or another policy with respect to
the applicable lawsuit, action, summons,
proceeding or hearing.
4. Arbitration:
Any dispute between us and any covered
person regarding the existence or application of
coverage under the terms of this endorsement
must be submitted to the American Arbitration
Association (or to any other organization
providing arbitration services if agreed to by us
and by all covered persons who are a party to
the dispute) for a determination of coverage by a
three person arbitration panel appointed by the
arbitration organization. Such arbitration will be
required if demanded by any covered person or
by us, and the decision rendered by the
arbitration panel will be binding upon all persons
affected by the Additional Coverage of this
endorsement.
5. Termination of Payments:
No further payment will be provided under the
terms of this endorsement as of the first date that
any of the following events occur in connection
with any applicable lawsuit, action, summons,
proceeding or hearing:
a. the covered person is dismissed from the
lawsuit, action, summons, proceeding or
hearing, a verdict or final judgment is entered
in the lawsuit, action, summons, proceeding
or hearing, or the lawsuit, action, summons,
proceeding or hearing is otherwise dismissed
or resolved; or
b. we have paid under the Reimbursement
Coverage an amount equal to any Defense
Reimbursement Limit or Declaratory Action
Reimbursement Limit set forth in the How
Much We Pay section of this endorsement;
or
c. the covered person fails to comply with any
condition of this endorsement, or submits to
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us a written request to terminate payments.
But the termination of payments in connection
with any lawsuit, action, summons, proceeding or
hearing will not preclude payments with respect
to any subsequent lawsuit or inquiry that is
otherwise covered.
GENERAL CONDITIONS
Each of the conditions set forth in the Conditions
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11) apply to each of the Additional
Coverages provided by this endorsement, unless
otherwise modified herein. The following conditions
also apply to the Additional Coverages of this
endorsement.
1. Worldwide Coverage (for suits brought in the
Basic Territory ): The Additional Coverages
provided by this endorsement will apply on a
worldwide basis to claims brought against
covered persons by a foreign person or entity,
provided that suit is filed within the basic
territory.
2. Changing Societal Trends Liability Coverage:
The Additional Coverages provided by this
endorsement will apply to claims made against
your ministry organization because your belief-
based decisions or practices do not align with
one or more societal trends that impinge on your
ministry’s sincerely-held religious belief. All
conditions, limits, limitations and exclusions that
apply to the Additional Coverages of this
endorsement will apply to any emotional injury
arising out of such situation.
3. Defense Costs Related to Regulatory
Hearings, Governmental Inquiries and
Contempt Proceedings: The Legal Defense
Reimbursement Coverage provided by this
endorsement will apply to a civil lawsuit, a
governmental action, agency hearing, legislative
summons, governmental inquiry , contempt
proceeding or other similar actions that are
directed against your ministry organization, its
leaders, employees, or volunteers as a direct
result of your belief-based decision or
practice. All conditions, limits, limitations and
exclusions that apply to the Legal Defense
Reimbursement Coverage of this endorsement
will apply to legal costs arising out of such
targeted action.
4. Expense Reimbursement Related to Tax-
Exempt Challenges: The Tax-Exempt
Challenge Expense Reimbursement Coverage
provided by this endorsement will apply to costs
incurred in responding to a challenge to your
ministry organization’s tax-exempt status. This
expense reimbursement coverage applies
whether the challenge is made by a federal
government agency, such as the IRS, or by other
agencies, persons or entities. All conditions,
limits, limitations and exclusions that apply to the
Tax-Exempt Challenge Expense Reimbursement
Coverage of this endorsement will apply to
covered expenses.
5. Webcast/Podcast Liability Coverage: The
Additional Coverages provided by this
endorsement will apply to audio or video
broadcasts that are conveyed by your
organization to targeted recipients, or to the
public, through any form of internet transmission.
This applies whether the recipient receives the
transmission through a desktop computer, laptop
computer, tablet computer, smart phone, or other
screen type or mobile device. All conditions,
limits, limitations and exclusions that apply to the
Additional Coverages of this endorsement will
apply to any emotional injury arising out of such
transmission.
6. Social Media Liability Coverage:
The Additional
Coverages provided by this endorsement will
apply to communication or activity that is
conveyed through web-based social media. This
applies whether the recipient receives the
transmission through a desktop computer, laptop
computer, tablet computer, smart phone, or other
screen type or mobile device. All conditions,
limits, limitations and exclusions that apply to the
Additional Coverages of this endorsement will
apply to any emotional injury arising out of such
transmission.
7. Satellite Ministry Operations Liability
Coverage: The Additional Coverages provided
by this endorsement will apply to live broadcast
or delayed feeds that are conveyed by your
organization to remote locations that are owned
or operated by your ministry. This applies
whether the recipients receive the transmission
through a television receiver, image projector, or
other display device. All conditions, limits,
limitations and exclusions that apply to the
Additional Coverages of this endorsement will
apply to any emotional injury arising out of such
transmission.
8. Limitation of Reimbursement Coverages:
Nothing in the Reimbursement Coverages
provided herein shall be construed to obligate us
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in any way to pay for any fees, costs or expenses
that are not specifically covered herein.
Similarly, nothing in the Reimbursement
Coverages provided herein shall be construed to
obligate us in any way to pay for any costs for
any actual or alleged damage, injury or loss of
any kind sustained by any person, nor any
related judgment or award that arises directly or
indirectly out of any loss.
9. Representations: By accepting this Coverage
Endorsement, you agree:
a. the entries pertaining to this coverage on the
declarations page are based upon
representations which you or any insured
have made to us; and
b. we have issued this Coverage Endorsement
in reliance upon such representations.
OTHER PROVISIONS
Each of the other provisions of the Commercial
Liability Coverage Form (GL-100) and the Liability
and Medical Coverage Form (BGL-11), apply to this
endorsement, unless otherwise modified herein.
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This Liability Coverage Endor sement is subject to the terms of the applicable Commercial Liability Coverage Form (GL-100) and the Liability and Medical Coverage Form (BGL-11). Only one liability coverage will apply to an occurrence and any related loss. This endorsement is attached to and made part of the policy.
THIS INSURANCE ENDORSEMENT FORMS PART OF YOUR POLICY CONTRACT.
PLEASE READ IT CAREFULLY.
MINISTRY OPERATIONS
SECURITY OPERATIONS LIABILITY COVERAGE
EMERGENCY RESPONSE TEAM MEMBERS
ARMED AND UNARMED SECURITY PERSONNEL
Note: Coverage for bodily injury or property damage liability arising out of security incidents is addressed under Principal Coverage L, which is provided in the Commercial Liability Coverage Form of this policy (GL-100).
AGREEMENT
We provide the Coverage Extension and Additional
Coverages described in this endorsement, but only if
Security Operations coverage is properly designated
in the declarations of this policy, and only if you are a religious or not-for-profit organization.
DEFINITIONS
Each of the words or phrases defined in the Definition
section of the applicable Commercial Liability
Coverage Form (GL-100) and the Liability and
Medical Coverage Form (BGL-11) applies to this
endorsement, unless otherwise modified herein. The
following definitions apply only to the Coverage
Extension and Additional Coverages of this
endorsement.
1. Covered person means you; and your leaders,
your employees, and your emergency
response personnel , but only while acting on
your behalf, for your benefit, and within the
scope of their delegated authority.
2. Emergency response incident means a
situation that:
a. constitutes a traumatic incident; or
b. constitutes a disruptive interference of your
activity or event; or
c. poses a reasonable threat of harm to
persons or property; or
d. results in an emergency (“911”) call being
placed for purposes of summoning law
enforcement personnel or emergency
medical personnel.
Any related acts or events associated with a - d
above will be considered a single emergency
response incident, even if such acts or events
do not occur at the same time or in the same
location.
3. Emergency response personnel means an
employee, an appointed person, or an individual
serving as hired security personnel on your
behalf who:
a. has been individually assigned to protect the
safety and security of your organization, or
b. is a member of an emergency response
team; or
c. has been hired by you to provide security
services on your premises or during your
activities or events;
But only while acting on your behalf, for your
benefit, and within the scope of their delegated
authority, and only in connection with activities or
events that:
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or
b. are undertaken as part of your ministry
operations.
4. Emergency response team means a group,
team or committee that is established and
authorized by you to undertake any or all of the
following:
a. providing facility security on property that
you own or operate; or
b. protecting persons or property associated
with your ministry operations, or
c. responding to emergency situations that
occur on your premises or in connection with
your ministry operations.
5. Hired security personnel means an off-duty law
enforcement officer or ot her person who is hired
by you as an independent contractor to provide
security services:
a. on your premises or
b. during your activities or events;
but only while acting on your behalf, for your
benefit, and within the scope of the authority
granted to them by you in their role as a security
service provider. Hired security personnel
does not include your employee, your
appointed person or your volunteer.
6. For purposes of this endorsement, the defined
term “personal injury” will include:
a. the alleged violation of a person’s right to
bear arms; and
b. the restriction of a per son’s motion or mobility
based on an actual or perceived threat to
persons or property, and
c. the restriction of a person’s rights and/or
movement on premises that you own,
operate or control in accordance with your
security policy or your weapons policy.
7. Traumatic incident means:
a. a violent attack directed against one or more
persons that results in death or in a life-
threatening injury; or
b. a violent attack directed against your
organization or its property that results in
death or in a life-threatening injury; or
c. the holding of a group of people in a location
against their will by force or by the threat of
force; or
d. a suicide event that is witnessed by other
persons.
Any related acts or events associated with a - d
above will be considered a single traumatic
incident, even if such acts or events do not
occur at the same time or in the same location.
COVERAGE EXTENSION
~EMERGENCY RESPONSE PERSONNEL~
EMERGENCY INCIDENT BENEFIT/
SECURITY EQUIPMENT EXTENSION
In the event that an emergency response incident
takes place: (1) on your premises; or (2) during the
course of your scheduled activity, we will pay up to
the limit of coverage stated below (but subject to the
Aggregate Limit stated in the How Much We Pay
section of this endorsement) for qualifying expenses
that are incurred by your emergency response
personnel as a result of such emergency response
incident. But only if you direct us to do so, and only if such incident takes place in the coverage territory
and during the policy period.
Additional Medical Expense Coverage
Upon your request, we will pay up to an
additional $50,000, per person, for medical
expense (including funeral or burial costs) of
emergency response personnel that would
otherwise be covered under Principal Coverage
M of this policy. This medical coverage
extension is excess over any other medical
coverage that is available or payable under any
other policy, program or plan, and does not apply
to any expense relating to the treatment of
emotional injury . Payments made under this
medical expense coverage extension are subject
to the Medical Extension Aggregate provision in
the How Much We Pay section of this
endorsement. Such medical expense must be
incurred and reported within one year of the date
on which the emergency response incident
occurs.
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Principal Coverage M (as set forth in forms GL-
100 and BGL-11) will apply to this Additional
Medical Expense Extension.
Broadened Wage Loss
Reimbursement Coverage
(Emotional Injury)
If this policy includes Wage Loss Reimbursement
Coverage (Form BGL-99), then, upon your
request, we will pay up to an additional $10,000
($13,500 total) for loss of income arising out of
bodily injury or emotional injury sustained by
emergency response personnel as the result of
a covered emergency response incident . The
terms of coverage set forth in the Wage Loss
Reimbursement Form (BGL-99) that apply to loss
of income resulting from bodily injury will also
apply to this extension. Payments made under
this wage loss coverage extension are subject to
the Wage Loss Extension Aggregate provision in
the How Much We Pay section of this
endorsement. Such wage loss must be incurred
and reported within 6 mo nths (180 days) of the
date on which the emergency response
incident occurs.
All exclusions and other limitations that apply to
Wage Loss Reimbursement Coverage (as set
forth in form BGL-99) will apply to this Broadened
Wage Loss Reimbursement Extension, and no
Wage Loss Coverage will apply under this
endorsement unless Wage Loss Reimbursement
Coverage (form BGL-99) is shown on the
declarations of this policy.
Individual Counseling Coverage
Upon your request, we will pay up to $10,000
per individual emergency response personnel
for individual (one-on-one or family) counseling
costs associated with emotional injury
sustained by your emergency response
personnel as the result of a covered emergency
response incident. Payments made under this
counseling coverage extension are subject to the
Counseling Extension Aggregate provision in the
How Much We Pay section of this endorsement.
Such counseling costs must be incurred and
reported within 18 months of the date on which
the emergency response incident occurs.
Damage to
Security-Related Equipment
Upon your request, we will pay up to $2,500 per
emergency response personnel for damage to,
loss of or destruction of their security-related
equipment, protective devices, weapons and
gear, regardless of your liability, but only if:
1. such equipment is either owned by the
emergency response personnel , or the
emergency response personnel is
otherwise personally liable for loss or
damage to such equipment; and
2. such equipment is damaged, stolen, lost or
destroyed while stored on your premises or
while being used for the benefit of your
ministry operations; and
3. the damage, loss or destruction takes place
in the coverage territory and during the
policy period.
This Equipment Damage Extension does not
apply to any property that is owned by you, nor
does it apply to any damage that is covered
elsewhere under this policy. Payments made
under this equipment damage coverage
extension are subject to the Equipment Damage
Aggregate provision in the How Much We Pay
section of this endorsement.
The above Coverage Extension provides no liability
coverage of any kind to any person or entity, and no
judgment, award, settlement, penalty, fine, legal fees
or other such cost, obligation or expense will be paid
under the terms of this Extension. Payment under
the above Coverage Extension will be made in
accordance with your direction. No covered
person, other than you and your leaders have the
right to direct payment under this Extension. Security Operations Liability Coverage is limited to the terms
of the Additional Coverages set forth below.
ADDITIONAL COVERAGES
Subject to the applicable terms of coverage, we
provide insurance for the following Additional
Coverages.
For purposes of the Additional Coverages set forth
herein, covered person means you; and your
leaders, your employees, and your emergency
response personnel, but only while acting on your
behalf, for your benefit, and within the scope of their
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persons will be considered insureds for the
Additional Coverages provided herein.
PROVISION MODIFICATION:
PRIMARY COVERAGE FOR VOLUNTEER
EMERGENCY RESPONSE PERSONNEL AND
VOLUNTEER SECURITY TEAM MEMBERS
Any coverage provided to your volunteer emergency
response personnel under:
1. Principal Coverage L (Bodily Injury and Property
Damage); or
2. the Additional Liability Coverages provided by
this endorsement;
will be provided to such emergency response
personnel on a primary basis. This means that the
Coverages listed in 1. and 2. above will be primary to
any other available insurance policy that provides
coverage for the personal liability of your volunteer
emergency response personnel . Coverage
granted under this endorsement to hired security
personnel, however, will be provided strictly on an
excess basis. Nothing in this Additional Coverage
will affect or modify the terms of Principal Coverage
L or the terms set forth in this endorsement as they
relate to your emergency response personnel.
PROVISION MODIFICATION:
UNREASONABLE USE OF FORCE
COVERAGE FOR INNOCENT INSUREDS
In the event that one or more persons are found to
have acted unreasonably in connection with:
1. an actual or perceived threat to persons or
property; or
2. maintaining order on your premises or in
connection with your activities or events;
neither the intentional acts exclusion (Exclusion 1 of
the Commercial Liability Coverage Form), nor the
unreasonable use of force exclusion of this
endorsement (Exclusion 1 below) will preclude
coverage for any insured (including you, your
leaders, your employees and your appointed
persons) who did not engage in, or actively direct,
the use of force. The intentional acts exclusion and
the unreasonable use of force exclusion will continue
to apply, however, to persons who actually engaged
in or directed any unreasonable use of force.
LIABILITY COVERAGE:
ENFORCEMENT OF SECURITY POLICY
OR WEAPONS POLICY
(PERSONAL INJURY / EMOTIONAL INJURY)
We pay all sums that a covered person becomes
legally obligated to pay as damages due to personal
injury or emotional injury to which this coverage
applies. The event or events causing the personal
injury or emotional injury:
1. must arise out of your ministry operations; and
2. must take place in the coverage territory during
the policy period.
Subject to the above terms, this Additional Coverage
will apply to personal injury or emotional injury
arising out of or resulting from the enforcement of
your security policy or weapons policy. Such policy
enforcement includes:
a. the restriction of persons from carrying
weapons:
(1) on premises that you own or control; or
(2) at your activities or events; and
b. the search for and/or confiscation of
weapons that are being carried or concealed
by persons who are not authorized to
possess weapons on your premises or at
your activities; and
c. the eviction of persons from your premises
or your activities in response to the violation
of your security policy or weapons policy;
and
d. the reporting of persons to law enforcement
authorities when such persons are believed
to be in violation of your security policy or
weapons policy; and
e. the restriction of a person’s mobility or
movement during a lock-down, pat-down or
other similar application of your security
policy or weapons policy that is triggered by
an actual or perceived threat to persons or
property.
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term “ personal injury” will include the alleged
violation of a person’s right to bear arms, the
restriction of a person’s motion or mobility based on
an actual or perceived threat to persons or property,
and the restriction of a person’s rights and/or
movement on premises that you own, operate or
control in accordance with your security policy or
your weapons policy.
This Enforcement of Security/Weapons Policy
Additional Coverage does not apply, however, to:
1. personal injury or emotional injury arising
directly or indirectly out of or in connection with:
a. any lethal or violent use of force; or
b. the operation, maintenance, use supervision
or discharge of any weapon or security
device of any kind; or
2. personal injury or emotional injury arising
directly or indirectly out of or in connection with
any discriminatory act , sexual act or
counseling act; or
3. any bodily injury , property damage or
financial damage of any kind; or
4. personal injury or emotional injury that is
otherwise covered:
a. under this endorsement; or
b. under another coverage of this policy.
In the event that more than one liability coverage
applies to a loss, you must select which
coverage will apply.
This Additional Coverage is provided strictly subject
to the Security Operations Liability limit shown on the liability declarations.
LIABILITY COVERAGE:
NEGLIGENT INFLICTION OF
EMOTIONAL DISTRESS ARISING FROM
SECURITY OPERATIONS
(EMOTIONAL INJURY)
We pay all sums that a covered person becomes
legally obligated to pay as damages due to
emotional injury to which this coverage applies. The
event or events causing the emotional injury:
1. must arise out of your ministry operations; and
2. must take place in the coverage territory during
the policy period.
Subject to the above terms, this Additional Coverage
will apply to emotional injury arising out of or
resulting from:
1. the brandishing of any weapon by a member of
your emergency response team or other
emergency response personnel; or
2. the witnessing by bystanders of a traumatic
incident (or the aftermath of a traumatic
incident) that involves one or more of your
emergency response personnel; or
3. any threatened use of force conveyed to a third
party by a member of your emergency
response team or other emergency response
personnel.
This Negligent Infliction of Emotional Distress
Additional Coverage does not apply, however, to:
1. emotional injury arising directly or indirectly out
of or in connection with any discriminatory act,
sexual act or counseling act; or
2. any bodily injury, property damage , personal
injury or financial damage of any kind; or
3. emotional injury that is otherwise covered:
a. under this endorsement; or
b. under another coverage of this policy.
In the event that more than one liability coverage
applies to a loss, you must select which
coverage will apply.
This Additional Coverage is provided strictly subject
to the Security Operations Liability limit
shown on the
liability declarations.
EXCLUSIONS
Each of the exclusions set forth in the "Exclusions"
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11) apply to the Coverage Extension and
Additional Coverages of this endorsement unless
otherwise modified herein. The following exclusions
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Coverages of this endorsement.
1. We will provide no coverage on behalf of any
person who knowingly exceeds explicit authority
that has been conveyed to him or her in relation
to the use of force against others, or who is
otherwise found to have engaged in an
unreasonable use of force against others. We
will, however, provide:
a. the Defense Coverage of this policy to such
person until such time as unreasonable use
of force has been established; and
b. the Unreasonable Use of Force Coverage as
set forth herein to innocent insureds.
We will also provide the coverages of this
endorsement to emergency response
personnel who, while engaging in an intentional
act against a threat to persons or property,
inadvertently harm a bystander or other innocent
person or property.
2. We will not pay for loss of any kind arising
directly or indirectly out of or in connection with
any discriminatory act , sexual act or
counseling act.
3. The Additional Coverages of this endorsement
entitled Liability Coverage Enforcement Of
Security Policy Or Weapons Policy provides no
coverage for any claim alleging any bodily
injury, property damage, or financial damage
of any kind.
Note: Coverage for bodily injury or property
damage liability arising out of security incidents
is addressed under Principal Coverage L.
4. We will not pay for loss of any kind arising
directly or indirectly out of or in connection with
the operation, maintenance, occupancy or use of
any auto, unless such auto is used with violent
intent by a person who plans to cause injury or
death to other persons through the use of the
auto: (1) as a weapon; or (2) to transport a
weapon; or unless your emergency response
personnel is providing security while occupying
an auto in the event of an emergency response
incident that takes place in such auto.
5. We will not pay for loss
of any kind arising
directly or indirectly out of or in connection with:
a. the use, release or escape of nuclear or
radioactive materials, or
b. nuclear reaction, radiation or radioactive
contamination; or
c. the dispersal, release or application of any
pathogenic or poisonous biological or
chemical materials of any kind.
HOW MUCH WE PAY
Each of the provisions set forth in the How Much We
Pay section of the Liability and Medical Coverage
Form (BGL-11) apply to the Coverage Extension and
Additional Coverages of this endorsement. The
following provisions also apply to the Coverage
Extension and Additional Coverages of this
endorsement.
1. Application of Coverage:
The limit of payment stated within each section
of the Coverage Extension of this endorsement
represents the most we will pay for qualifying
expenses to which the Coverage Extension
applies. For the purpose of applying limits of
coverage, any related acts, incidents or events
that qualify as, or that together develop into, an
emergency response incident , will be
considered a single incident to which the limits of
coverage as set forth herein will apply, even if
such acts or events do not occur at the same
time or in the same location.
2. Coverage Aggregate Limit:
The most we will pay for all covered costs
associated directly or indirectly with an
emergency response incident covered herein
is the limit shown on the declarations for
Security Operations Coverage. This Coverage
Aggregate Limit represents the most we will pay
under the Coverage Extension and additional
Coverages of this endorsement in relation to a
single emergency response incident ,
regardless of the number of Coverage
Extensions that apply, the number of persons
affected, or the total amount of cost incurred in
connection with such incident.
3. Medical Extension Aggregate Limit:
We will pay no more than $250,000 for all
medical expense associated with a single
emergency response incident covered under
the Additional Medical Expense Coverage
Extension herein, regardless of the number of
covered persons injured or the amount of
medical expense incurred. Covered medical bills
will be paid in the order that they are received by
us until an applicable limit (per person, per
extension or coverage aggregate) is reached, at
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person, extension or incident will cease. This
Medical Extension Aggregate Limit represents
the most we will pay for all medical expense in
relation to a single emergency response
incident, regardless of the number of persons
affected, or the total amou nt of cost incurred in
connection with such incident.
4. Wage Loss Extension Aggregate Limit:
We will pay no more than $50,000 for all wage
loss reimbursement associated with a single
emergency response incident covered under
the Broadened Wage Loss Reimbursement
Coverage Extension herein, regardless of the
number of covered persons injured or the
amount of wage loss incurred. This $50,000
aggregate limit is payable over and above
payments received under the terms of coverage
set forth in the Wage Loss Reimbursement Form
(BGL-99). Covered wage loss will be paid in the
order that proof of wage loss documentation is
received by us, until an applicable limit (per
person, per extension or coverage aggregate) is
reached, at which point payment associated with
such person, extension or incident will cease.
This Wage Loss Extension Aggregate Limit
represents the most we will pay for all covered
income loss in relation to a single emergency
response incident, regardless of the number of
persons affected, or the total amount of income
loss incurred in connection with such incident.
5. Counseling Extension Aggregate Limit:
We will pay no more than $50,000 for all
counseling expense associated with a single
emergency response incident covered under
the Individual Counseling Coverage Extension
herein regardless of the number of covered
persons involved or the amount of counseling
expense incurred. Covered counseling bills will
be paid in the order that they are received by us
until an applicable limit (per person, per
extension or coverage aggregate) is reached, at
which point payment associated with such
person, extension or incident will cease. This
Counseling Extension Aggregate Limit represents
the most we will pay for all individual counseling
expense in relation to a single emergency
response incident, regardless of the number of
persons affected, or the total amount of cost
incurred in connection with such incident.
6. Equipment Damage Extension Aggregate
Limit:
We will pay no more than $10,000 for all
equipment that is damaged, lost, stolen or
destroyed in connection with a single incident or
event covered under the Damage to Security-
Related Equipment Extension herein, regardless
of the amount of equipment affected or the value
of such equipment. Covered equipment receipts
will be paid in the order that they are received by
us until an applicable limit (per person, per
extension or coverage aggregate) is reached, at
which point payment associated with such
person, extension or incident will cease. This
Equipment Damage Extension Aggregate Limit
represents the most we will pay for all loss or
damage in relation to a single incident or event,
regardless of the number of persons affected, or
the total amount of cost incurred in connection
with such incident.
7. Other Liability Coverage:
Any liability coverage provided by this policy to
hired security personnel is excess over all
other insurance or liability coverage plans, even if
such insurance or plan:
a. is stated to be secondary, excess or
contingent; or
b. has coverage available, but is not elected to
be used.
8. Other Medical Insurance:
Unless prohibited by state or federal law, the
medical payments coverage provided in this
endorsement will be strictly excess over any
other policy, program or plan designed to pay
medical expenses.
9. Payment/Reimbursement Limitations:
Costs to which this endorsement would otherwise
apply will be paid or reimbursed by us only to the
extent that such costs are reasonable and
necessary, or have been authorized in advance
by us.
10. Application of Coverage Extension Limits:
Payments made under the Coverage Extension
provided by this endorsement will reduce the
Security Operations Coverage Limit shown on
the liability declarations. Payments made under
the terms of this endorsement are subject to the
General Occurrence Limit and General
Aggregate Limit of the policy, as well as being
subject to the coverage-specific Extension limits
set forth herein.
11. Coverage Requests:
The Coverage Extension provided under this
endorsement will apply based on your request
for coverage. The leaders of your organization
are responsible for identifying which categories of
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and/or Equipment Damage) will apply under the
Coverage Extension of this endorsement. If,
during the course of claim administration, your
leaders decide to revise their coverage request
by eliminating a category of coverage that had
previously been selected (a change request),
then, subject to any applicable limits, we will
complete the processing and payment of covered
bills from that category that were received by us
prior to the change request. We will not pay any
bills from such category if they are submitted
after your change request has been received.
12. Order of Payments:
Covered bills and expenses that are submitted
under the Coverage Extension of this
endorsement will be paid in the order that they
are received by us until an applicable limit (per
person, per extension or coverage aggregate) is
reached, at which point payment associated with
such person, extension or incident will cease.
13. Communication to Affected Persons:
You will be responsible for conveying to us the
Coverage Extension categories for which you are
requesting coverage under the terms of this
endorsement. You will also be responsible for
assisting us in communicatin g to affected
persons the manner in which payment under the
terms of this endorsement will apply.
14 Wrongful or Malicious Intent:
This endorsement will provide no liability
coverage to any covered person who
undertakes any action, uses any weapon, or
conveys any information with any improper,
wrongful or malicious intent. We will, however,
provide the Defense Coverage of this policy to
such person until such time as wrongful intent
has been established.
In addition, we will provide the coverages of this
endorsement to emergency response
personnel who, while engaging in an intentional
act against a threat to persons or property,
inadvertently harm a bystander or other innocent
person or property.
LIMITATION
Nothing in this endorsement will act to increase any
limits of coverage, or to in any way modify any
terms of the policy other than the terms specified
herein.
OTHER PROVISIONS
All other provisions of the applicable Commercial
Liability Coverage Form (GL-100) and the Liability
and Medical Coverage Form (BGL-11) apply to the
Additional Coverage of this endorsement, unless
otherwise modified herein.
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THIS INSURANCE ENDORSEMENT FORMS PART OF YOUR POLICY CONTRACT.
PLEASE READ IT CAREFULLY.
MINISTRY OPERATIONS
SEXUAL ACTS LIABILITY COVERAGE
~INCLUDING COVERAGE FOR IMPROPER ABUSE REPORTING, IMPROPER SUPERVISION, COUNSELING REIMBURSEMENT AND IMAGE RESTORATION~
AGREEMENT
We provide the Additional Coverages described in
this endorsement, but only if Sexual Acts Liability
Coverage is properly designated in the declarations
of this policy.
DEFINITIONS
The following definitions apply only to the Additional
Coverages of this endorsement.
1. The words you and your mean the person,
persons, or organization named as the insured
on the declarations.
2. The words we, us, and our mean the company
providing this coverage.
3. Advertising violation means the posting,
publication, communication, or depiction of any
advertising or promotional material that:
a. disparages a person's or entity's goods,
products, or services; or
b. is false, harmful or misleading; or
c. violates any federal, state or local
comparative advertising law; or
d. serves as the basis of a claim for financial
damages arising out of the marketing or
publicity of your organization; or out of the
promotion of your organization’s goods or
services.
4. Alleged perpetrator means a covered person
accused of committing a sexual act.
5. Appointed person means a person (other than
your leader or employee), who has been
appointed to an unpaid position within your
organization, but only while acting on your behalf
and within the scope of the authority delegated to
them by you, your leaders or your employee .
Any person who is appointed to undertake work
at a single program or event lasting 24 hours or
less will be considered a volunteer rather than
an appointed person.
6. Basic territory means the United States of
America, its territories and possessions, Canada,
and Puerto Rico.
7. Bodily injury means bodily harm, sickness or
disease sustained by a person and includes
required care and loss of services. Bodily injury
includes death that results from bodily harm,
sickness, or disease. Bodily injury does not
include mental or emotional injury, suffering, or
distress that does not result from a physical
injury.
8. Convicted sexual offender means a person
who has been convicted of, or pleaded guilty or
no contest to, a criminal offense involving a
sexual act.
9. Counseling act means the rendering of advice
to another person, but only if such advice is
provided for the purpose of benefiting the
person's mental, emotional, or spiritual condition.
Counseling act does not include the rendering
of legal, medical, financial, or similar advice that
is outside of the scope of psychological or
spiritual counseling, and does not include the
rendering of advice to, or in the presence of, a
general audience. Counseling which occurs over
time will be considered a single counseling act,
even if it takes place during more than one
policy period.
10. Coverage territory means:
a. the basic territory;
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b. international waters and airspace, only if the
bodily injury or property damage occurs in
the course of travel to or from the basic
territory;
c. the world, if the injury or damage arises out
of:
(1) products you have made or sold in the
basic territory; or
(2) the activities of a person who normally
resides in the basic territory , but is
away for a short time on your business;
and
provided that your liability to pay damages
has been determined in a suit on the merits
in the basic territory, or in a settlement that
we have agreed to.
For purposes of defining coverage territory, the
phrase “away for a short time on your business”
means that the person: (1) is intending to be
outside of the basic territory for no more than 60
days; and (2) is traveling on your behalf and with
your permission. In addition, to the extent that
Principal Coverage M (Medical Payments) would
have otherwise applied to persons who are away
from the basic territory for a short time on your
business, such coverage will apply regardless of
whether suit is filed or any liability settlement has
been agreed to.
11. Covered person means you; and your leaders,
your employees, your appointed persons, and
your volunteers , but only while acting on your
behalf, for your benefit, and within the scope of
their delegated authority.
12. Damages means compensation in the form of
money for a person or entity who claims to have
suffered an injury. But damages do not include
any money that would have been owed (by
statute, contract, or otherwise) independent of
such injury, nor does it include any cost, fee, or
expense incurred to pursue a claim or to prove
the extent of injury sustained.
13. Declarations means all pages labeled
"Declarations," "Supplemental Declarations," or
"Schedules," which pertain to this policy.
14. Defamatory act means the posting, publication,
communication, or depiction of any information
that:
a. slanders or libels a person or entity; or
b. constitutes an injurious falsehood; or
c. constitutes defamation of character, or that
otherwise harms a person's reputation.
15. Discriminatory act means:
a. any act that would be considered
discrimination under any applicable federal,
state, or local statute, ordinance, or law; or
b. any conduct characterized or interpreted as
violating any federal, state or local statute,
ordinance or law enacted for the purpose of
protecting individuals from discriminatory
conduct; or
c. any disparate treatment or disparate impact
sustained by any person because of that
person's race, religion, gender, sexual
orientation, age, nationality, physical
impairment, or disability; or
d. any conduct characterized or interpreted as
being discriminatory in nature by a person
against whom such conduct is directed.
Any of the above acts or conduct will be
considered a single discriminatory act if
undertaken by the same perpetrator(s), entity, or
employer, even if such acts are directed against
more than one person, occur over time, or take
place during more than one policy period.
Discriminatory act does not include conduct
characterized or interpreted as sexual
intimidation or sexual harassment , or as
intimidation or harassment based on a person’s
gender.
16. Emotional injury means mental or emotional
injury, suffering, or distress sustained by a
person other than as a result of physical injury.
Emotional injury does not include bodily injury,
property damage, personal injury,o r financial
damage of any kind.
17. Employee includes a leased worker. Employee
does not include a temporary worker.
18. Financial damage means financial or monetary
loss sustained by a person or entity, but does not
include:
a. loss of any kind sustained by you or your
leader; or
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b. loss sustained in relation to the holding or
investment of your funds or the funds of
your leaders; or
c. any cost, fee, or expense incurred to pursue
a damage claim or to prove the extent of
financial or monetary loss sustained; or
d. any bodily injury , property damage ,
emotional injury,o r personal injury of any
kind.
19. Infringement act means the posting, publication,
communication, performance, or depiction of any
material that:
a. infringes any copyright, slogan, trademark,
title, or trade name, the rights to which are
owned by another person or entity; or
b. violates the publicity rights that are owned by
another person or entity; or
c. constitutes plagiarism, theft of concept,
piracy of intellectual property, or the violation
of any implied contract regarding the use of
another person’s or entity’s creative ideas; or
d. fails to provide proper attribution of
authorship, ownership, or other rights in a
work; or
e. constitutes the unauthorized reproduction,
display, or use of music, hymns,
commentaries, ministry study aids, or other
similar material; or
f. breaches any licensing rights associated with
content that is owned by another person or
entity; or
g. misappropriates the content, format, trade
name, slogan, logo, graphic material,
artwork, musical composition, stage
performance, photographic depiction, web
design, or other creative work that is created
and owned by another person or entity; or
h. conveys a trade secret to one or more third
parties or to the general public without
permission of the owner of the trade secret;
but infringement act does not include any actual
or alleged infringement of a patent, a patentable
invention, or a patentable process.
20. Leader means a person while serving as a
member of your governing board, or your
administrator, director, officer or trustee, but only
if acting on your behalf and within the scope of
their delegated authority as such.
21. Leased worker means a person whom you
lease from a labor leasing firm under a contract
or agreement to perform duties related to the
conduct of your business. Leased worker does
not include a temporary worker.
22. Limit means the amount of coverage that
applies.
23. Loss means specified bodily injury , property
damage, emotional injury , personal injury ,o r
financial damage.
24. Medical expense means reasonable and
necessary expenses for:
a. medical, surgical, x-ray, and dental services,
including prosthetic devices and eye glasses;
and
b. ambulance, hospital, professional nursing,
and funeral services; and
c. first aid at the time of an accident.
25. Molestation/corruption act means:
a. any act directed against a person under the
age of 18 that would be considered a criminal
act under any applicable federal, state or
local statute, ordinance or law relating to
sexual offenses or the corruption of minors;
or
b. any act or conduct involving a minor that
involves exhibitionism, voyeurism, the
creation, distribution or display of
pornography, sensual touching, sexually
explicit communication, or any similar act or
conduct that may reasonably be anticipated
to harm or corrupt a minor; or
c. any other act directed against a person who
is, or who is believed to be, under the age of
18 that may reasonably be assumed to have
been undertaken for the purpose of obtaining
sexual arousal or sexual gratification or that
would otherwise serve to corrupt a minor.
This does not include acts of sexual intimacy
between persons who are married to one
another.
26. Occurrence means an accident and includes
repeated exposure to similar conditions.
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27. Outside counseling provider means an
individual, partnership, or organization (other
than your organization), that provides full-time
counseling to members of the public.
28. Personal injury means any of the following:
a. a defamatory act; or
b. an infringement act; or
c. an advertising violation; or
d. a personal violation.
But personal injury does not include bodily
injury, property damage , emotional injury ,o r
financial damage of any kind; nor any injury
arising directly or indirectly out of or in connection
with any sexual act , counseling act , or
discriminatory act.
For the purpose of this endorsement, personal
injury includes personal injury that arises out of
a sexual act.
29. Personal rights breach means the posting,
publication, communication or depiction of
material or information that:
a. violates the person's right of privacy; or
b. breaches the person’s expectation of
confidentiality.
30. Personal violation means any of the following
wrongful acts directed against one or more
persons:
a. improper restraint, detention, or
imprisonment of the person; or
b. trespass or wrongful entry into, wrongful
eviction from, or invasion of the right of
private occupancy of a premises occupied by
the person; or
c. any type of personal rights breach.
31. Policy period means only that time period
shown as the policy period on the declarations
of this policy.
32. Prior claim means a formal claim, a civil lawsuit,
civil government action, or similar proceeding
directed against one or more covered persons
in which monetary damages or equitable relief is
sought, but only if such claim, lawsuit, action, or
proceeding was filed or initiated prior to the date
on which this policy or any applicable coverage
takes effect. Prior claim includes a claim or
litigation which is in process on the date that any
coverage of this policy takes effect.
33. Property damage means:
a. physical injury or destruction of tangible
property; or
b. the loss of use of tangible property whether
or not it is physically damaged. Loss of use is
deemed to occur at the time of the
occurrence that caused it.
34. Related loss means a loss,o rm u l t i p l e losses, of any kind arising directly or indirectly out of the
same occurrence, or out of the same or related
act(s), error(s), omission(s), decision(s),
incident(s), event(s), or breach(es) of duty.
35. Related organization/operation means an
organization or operation:
a. which has separate leadership or separate
operations from you; and
b. whose leaders report to you or to your
leaders; and
c. over which you have authority or control.
36. Sexual act means:
a. any act that would be considered a criminal
act under any applicable federal, state, or
local statute, ordinance, or law relating to
sexual offenses; or
b. any actual or attempted touching of a person
by another person for the purpose of
obtaining sexual arousal or sexual
gratification; or
c. any other act undertaken by a person for the
purpose of obtaining sexual arousal or sexual
gratification; or
d. any conduct characterized or interpreted as
sexual harassment; or
e. any conduct characterized or interpreted as
being sexual in nature.
Any of the above acts or conduct will be
considered a single sexual act if undertaken by
the same perpetrator or perpetrators, even if
such acts are directed against more than one
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person, happen over time, or take place during
more than one policy period.
37. Sexual harassment means only those sexual
acts involving conduct that is characterized or
interpreted as sexual intimidation, unwelcome
sexual advances, requests for sexual favors, and
other verbal or physical harassment of a sexual
nature. Any such conduct will be considered a
single sexual harassment incident if undertaken
by the same perpetrator or perpetrators, even if
such conduct is directed against more than one
person, happens over time, or takes place during
more than one policy period.
38. Temporary worker means a person who is
furnished to you as a temporary substitute for an
employee.
39. Terms are all limitations, exclusions, conditions,
definitions and other provisions that apply to any
liability, medical or related coverage of this policy.
40. Volunteer means a person (other than your
leader, appointed person or employee) who is
undertaking work without compensation for the
benefit of your organization, but only while acting
on your behalf and within the scope of authority
delegated to them by you, your leade r, your
employee or your appointed person.
ADDITIONAL COVERAGES
Subject to the applicable terms of coverage, we
provide insurance for the following Additional
Coverages.
SEXUAL ACTS LIABILITY COVERAGE
We pay all sums that a covered person becomes
legally obligated to pay as damages due to bodily
injury, personal injury ,o r emotional injury to
which this coverage applies. The event or events
causing the bodily injury or emotional injury:
a. must constitute a sexual act arising out of
the operation of your organization; and
b. must take place in the coverage territory
during the policy period.
The event or events causing the personal injury:
a. must constitute, or result directly from, a
sexual act arising out of the operation of
your organization; and
b. must take place in the coverage territory
during the policy period.
This Additional Coverage does not apply, however, to
any bodily injury , personal injury ,o r emotional
injury that:
a. is sustained by your employee
or your job applicant; or
b. arises directly or indirectly out of any
discriminatory act; or
c. arises out of any sexual harassment of any
kind; or
d. arises out of any error in reporting a sexual
act to any law enforcement authority,
government agency, or other entity; or
e. arises out of the failure to supervise or
monitor any convicted sexual offender who
is on your premises or involved in your
organizational activities.
SEXUAL HARASSMENT
LIABILITY COVERAGE
(Other Than Your Employees)
We pay all sums that a covered person becomes
legally obligated to pay as damages due to bodily
injury, personal injury ,o r emotional injury to
which this coverage applies. The event or events
causing the bodily injury or emotional injury:
a. must constitute sexual harassment arising
out of the operations of your organization;
and
b. must take place in the coverage territory
during the policy period.
The event or events causing the personal injury:
a. must constitute, or result directly from,
sexual harassment arising out of the
operation of your organization; and
b. must take place in the coverage territory
during the policy period.
This Additional Coverage does not apply, however, to
bodily injury, personal injury,o r emotional injury
that:
a. is sustained by your employee or your job
applicant; or
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b. arises directly or indirectly out of any
discriminatory act;o r
c. arises out of any sexual act other than
sexual harassment; or
d. arises out of any error in reporting a sexual
act to any law enforcement authority,
government agency, or other entity.
IMPROPER REPORTING OF SEXUAL
ACTS LIABILITY COVERAGE
We pay all sums that a covered person becomes
legally obligated to pay as damages due to bodily
injury, personal injury ,o r emotional injury to
which this coverage applies. The event or events
causing the bodily injury or emotional injury:
a. must constitute an error in reporting a sexual
act to a law enforcement authority,
government agency, or other proper
reporting entity; and
b. must take place in the coverage territory
during the policy period.
The event or events causing the personal injury:
a. must constitute, or result directly from, an
error in reporting a sexual act to a law
enforcement authority, government agency,
or other proper reporting entity; and
b. must take place in the coverage territory
during the policy period.
An error in reporting a sexual act will be deemed to
have occurred at: (1) the time that the covered
person first had a reasonable basis for believing that
the sexual act had occurred or (2) at the point that
an erroneous report was first made, whichever is
later.
This Additional Coverage does not apply, however, to
any bodily injury , personal injury ,o r emotional
injury that:
a. is sustained by your employee or your job
applicant; or
b. arises directly or indirectly out of any
discriminatory act; or
c. arises in any manner other than out of an
error in the reporting of a sexual act.
IMPROPER SUPERVISION OF
CONVICTED SEXUAL OFFENDERS
LIABILITY COVERAGE
We pay all sums that a covered person becomes
legally obligated to pay as damages due to bodily
injury or emotional injury to which this coverage
applies. The event or events causing the bodily
injury or emotional injury:
a. must arise out of an alleged failure to
properly supervise or monitor a convicted
sexual offender who is on your premises,
attending your church service, or otherwise
involved in your organizational activities; and
b. must take place in the coverage territory
during the policy period.
Failing to supervise or monitor the same convicted
sexual offender on more than one occasion will be
considered a single event of failure to supervise or
monitor.
This Additional Coverage does not apply, however, to
any bodily injury , personal injury ,o r emotional
injury that:
a. is sustained by your employee or your job
applicant; or
b. arises directly or indirectly out of any
discriminatory act; or
c. arises in any manner other than out of an
error in the supervision or monitoring of a
convicted sexual offender.
OUTSIDE COUNSELING
REIMBURSEMENT COVERAGE
We will reimburse you up to $5,000 for counseling
expense you pay to an outside counseling
provider on behalf of a person against whom a
sexual act was directed, but only if:
a. the sexual act was allegedly committed by a
covered person;a n d
b. the sexual act resulted in emotional injury
and took place in the coverage territory
during the policy period; and
c. the outside counseling provider is selected
by you or your leader; and
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d. the outside counseling provider bases its
counseling practice on spiritual, religious or
Biblical principles.
We will reimburse such counseling expense
regardless of fault, but only if it is incurred and
submitted within one year of the date that you or
your leaders become aware of the sexual act.
Limitation of Reimbursement Coverage:
The Outside Counseling Reimbursement Coverage
of this endorsement covers only certain reasonable
and necessary counseling expenses. If multiple
persons seek counseling as the result of sexual
activity involving the same perpetrator or
perpetrators, then the Multiple Counselee Aggregate
Limit as described in the How Much We Pay section
of this endorsement will apply. The payment of a
counseling expense under the Outside Counseling
Reimbursement Coverage of this endorsement does
not mean that we admit we are liable under other
coverages of the policy.
SEXUAL ACTS MEDICAL
PAYMENTS EXTENSION
Principal Coverage M (Medical Payments) coverage
of this policy will apply to bodily injury sustained by any person against whom a sexual act was directed
during the policy period . If a limit is entered for
Principal Coverage M on the declarations of this
policy, then such limit will apply to this Coverage
Extension, along with all other terms, conditions,
limits, limitations and exclusions that apply to
Principal Coverage M of this policy. If no limit is
entered for Principal Coverage M on the
declarations of this policy, then this Coverage
Extension will not apply.
Limitation of Medical Payments Coverage:
The Medical Payments Coverage of this
endorsement covers only certain reasonable and
necessary medical expense . The payment of a
medical expense under the Medical Payments
Extension of this endorsement does not mean that
we admit we are liable under other coverages of the
policy.
IMAGE RESTORATION EXTENSION
At your request, we will reimburse your ministry
organization up to $10,000 for the following expenses
that you incur as the result of a sexual act that is
alleged to have occurred on your premises or in
connection with your ministry operations:
a. costs to retain a professional public relations
specialist or public relations firm; and/or
b. costs to retain other outside professional
specialists to assist the organization in
responding to media inquiries or to law
enforcement inquiries associated with the
incident;
but only to the extent that such cost is a reasonable
and necessary expense, or has been authorized by
us prior to being incurred.
Costs covered herein must be incurred within 120
days of the date on which the sexual act allegation
becomes known to the general public through a
media report.
Limitation of Image Restoration Coverage:
The Image Restoration Coverage of this
endorsement covers only certain reasonable and
necessary costs incurred to respond to sexual act
allegations. The payment of an expense under the
Image Restoration Extension of this endorsement
does not mean that we admit we are liable under
other coverages of the policy.
DEFENSE COVERAGE:
ALLEGED PERPETRATOR
The commission of a sexual act will not be
considered to have occurred within the scope of
anyone's delegated authority, but if a person
otherwise covered herein denies involvement in the
sexual act , then we will provide the alleged
perpetrator with the following limited Defense
Coverage:
We agree to provide the Defense Coverage of this
endorsement to alleged perpetrators , but only with
respect to an alleged sexual act which occurs in the
coverage territory during the policy period , and
only until such time as one of the following events
occur:
a. the alleged perpetrator enters into a plea
agreement, pleads guilty or no contest, or is
criminally convicted in relation to any sexual
act which is directly or indirectly related to a
claim made under the Additional Coverages
of this endorsement; or
b. a verdict is rendered against the alleged
perpetrator in a civil court in relation to any
sexual act which is directly or indirectly
related to a claim made under the Additional
Coverages of this endorsement; or
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c. the alleged perpetrator admits to anyone
that he or she engaged in any sexual act
which is directly or indirectly related to a
claim made under the Additional Coverages
of this endorsement; or
d. the alleged perpetrator is implicated by
clear and convincing physical evidence (such
as, photographic evidence, computer logs,
DNA evidence, etc.) to have engaged in any
sexual act which is directly or indirectly
related to a claim made under the Additional
Coverages of this endorsement.
Limitation of Defense Coverage:
At our option, we may reimburse defense costs
during the course, or upon completion, of a covered
sexual act claim. In the event that we pay any
defense costs, and subsequently determine they
should not have been paid due to the application of
an exclusion or any other terms of this endorsement
or policy, we reserve the right to recover such
defense costs from any person on whose behalf they
were paid.
Defense Coverage provided to an alleged perpetrator
through this Additional Coverage will not obligate us
in any way to pay for any actual or alleged damage,
injury or loss of any kind sustained by any person, or
any related judgment or award that arises directly or
indirectly out of any sexual act.
DEFENSE COVERAGE
Defense Coverage will be provided in relation to any
suit or proceeding that is covered by the terms of this endorsement, subject to the following:
1. We have the right and duty to defend a suit
seeking damages which may be covered under
this endorsement. We may make investigations
and settle claims or suits we decide are
appropriate.
Suit includes any alternative dispute resolution
proceeding involving bodily injury or property
damage to which:
a. you must submit; or
b. you submit with our consent.
2. We do not have to provide defense after we have
paid an amount equal to the limit as the result of:
a. a judgment; or
b. a written settlement agreed to by us.
3. If we defend a suit, we will pay:
a. The costs taxed to the covered person.
b. The expenses incurred by us.
c. The actual loss of earnings by a covered
person for the time spent away from work at
our request. We pay up to $100 per day.
d. The necessary expenses incurred by a
covered person at our request.
e. Pre-judgment interest awarded against any
covered person on that part of the judgment
we pay. If we offer to pay the limit, we will
not pay any pre-judgment interest based on
that period of time after the offer.
f. The interest which accrues beginning with
entry of a judgment and ending when we
tender, deposit in court, or pay up to our
limit.
g. The cost of appeal bonds or bonds for the
release of attachments up to our limit. We
are not required to apply for or furnish such
bonds.
4. Payment provided under the Defense Coverage
of this endorsement will be made in addition to
the limits for the Additional Coverages of this
endorsement.
5. We maintain the right to select defense counsel
in connection with any legal defense that is
provided by this endorsement.
EXCLUSIONS
We do not pay for loss of any kind if one or more of
the following excluded causes or events apply to the
loss, regardless of other causes or events that
contribute to or aggravate the loss, whether such
causes or events act to produce the loss before, at
the same time as, or after the excluded cause or
event.
The following exclusions apply to the Additional
Coverages of this endorsement.
1. We do not pay for loss of any kind on behalf of
any person who participates in or directs any
sexual act or who knowingly allows any sexual
act to occur.
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2. We do not pay for loss of any kind caused by a
sexual act that arises directly or indirectly out of
any counseling act rendered by a pastor,
minister, professional counselor, school
employee, student counselor, trained lay
counselor or leader. But if a Counseling liability
coverage is properly shown as an Additional
Coverage on the declarations, then we will
provide the coverage afforded in this Sexual Acts
Liability Coverage endorsement to counseling
activity, but strictly subject to the terms and
limits of this Sexual Acts Liability Coverage
endorsement, and subject also to each of the
conditions and exclusions of the Counseling Acts
Liability Coverage endorsement.
3. We do not pay for loss of any kind arising directly
or indirectly out of or in connection with any
actual or alleged discriminatory act.
4. We do not pay for loss of any kind arising directly
or indirectly out of or in connection with any
sexual act undertaken by an alleged
perpetrator who has been employed by you or
appointed to a position by you if you, your
present leaders or your past leaders while in
your service, had actual knowledge that the
alleged perpetrator:
a. pleaded guilty or no contest to, or been
criminally convicted of, any previous
molestation/corruption act;o r
b. had a verdict rendered against him or her in
civil court in relation to any previous
molestation/corruption act; or
c. been dismissed or disciplined in any way in
relation to any previous molestation/
corruption act; or
d. admitted to anyone that he or she
participated in any previous molestation/
corruption act; or
e. been implicated by clear and convincing
physical evidence (such as, photographic
evidence, computer logs, DNA evidence,
etc.) that he or she had participated in any
previous molestation/corruption act;o r
f. was a convicted sexual offender.
Exception to Exclusion 4 (Youthful
Indiscretions): Exclusion 4 above will not apply if
all previous molestation/corruption acts
or
criminal convictions involving a sexual act that
are known by you or your leaders to have been
committed by the alleged perpetrator:
a. occurred when the alleged perpetrator was
12 years of age or younger; or
b. occurred more than 3 years prior to the
employment by you or appointment to a
position by you; and
(1) involved no actual or threatened use of
violence or force of any kind; and
(2) occurred when the alleged perpetrator
was twenty-one years of age or younger;
and
(3) when involving person(s) younger than
the alleged perpetrator , were directed
only toward person(s) whose age was
within 3 years (36 months) of the age of
the alleged perpetrator.
5. We do not pay for loss of any kind arising directly
or indirectly out of or in connection with any
sexual act if the injury is compensable under any
workers' compensation, occupational disease, or
like law.
6. We do not cover any leader, employee ,
appointed person, or volunteer who willfully
conceals material information from your leaders
regarding any sexual act occurring in connection
with your operations.
7. We do not pay for loss of any kind sustained by
your employee or your job applicant if such
loss arises directly or indirectly out of or in
connection with any sexual act.
If you are a religious office or headquarters, then
this exclusion will also apply to employees and
job applicants within your association that are not
employed directly by you.
8. We do not pay for personal injury of any kind if
the personal injury arises out of:
a. the publication of material by a covered
person if the covered person publishes the
material knowing that it is false; or
b. the publication of information through any
advertising, publishing, broadcasting or
telecasting operation or facility that is owned
or operated by you.
9. We do not pay for any fines or non-compensatory
penalties or for any exemplary or punitive
damages awarded in any legal proceeding if the
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legal proceeding is based in whole or in part
upon the commission of any sexual act.
10. We do not pay for loss of any kind arising directly or indirectly out of or in connection with any
actual or alleged breach of an express or implied
contract. This exclusion does not affect any
coverage for Incidental Contractual Liability that
is provided by this policy.
11. We do not pay for loss of any kind that arises out
of the rendering or the failure to render a
professional service. However, if Incidental
Medical Malpractice Injury Coverage applies to
losses that arise directly or indirectly out of or in
connection with any sexual act, such coverage is
strictly subject to the terms and limits of this
Sexual Acts Liability Coverage endorsement.
12. We do not pay under more than one Liability
Coverage or more than one Medical Coverage
(as set forth in Condition 7 of this endorsement)
for loss arising directly or indirectly out of an
occurrence, or out of the same or related
accident(s), incident(s), or event(s).
13. We do not pay for loss of any kind other than the
type of loss (bodily injury , property damage ,
emotional injury ,o r personal injury )f o r w h i c h coverage is specifically provided by the
Additional Coverages of this Sexual Acts Liability
Coverage endorsement.
WHAT MUST BE DONE
IN CASE OF LOSS
1. Notice:
If a sexual act occurs, or if you become aware of
any incident that indicates there might be a claim
under this endorsement, you or your leaders
agree to give us or our agent notice within thirty
(30) days of the date of occurrence, or the date
that you or any leader became aware of such
incident. Notice to our agent is notice to us.
The notice to us must state:
a. your name;
b. your policy number;
c. the time, the place, and the circumstances of
the sexual act, or the situation that indicates
that there might be a claim; and
d. the names and addresses of all known
potential claimants and witnesses.
2. Cooperation:
All covered persons , and any other person or
entity seeking coverage under any Additional
Coverage of this endorsement must cooperate
fully with us as we investigate, negotiate, and
attempt to settle any potentially covered loss.
Such cooperation includes, but is not limited to,
protecting evidence, assisting us in obtaining
evidence, executing documents (including
documents necessary to resolve claims),
responding to other requests that we make
during the course of investigation, conveying to
us, upon our request, law enforcement reports
and other documents or evidence relating to the
loss, and submitting to an examination under
oath when and as often as we may require.
3. Volunteer Payments :A covered person must
not make payments or assume obligations or
other costs except at the covered person’s own
cost. This does not apply to first aid to others at
the time of bodily injury.
4. Other Duties:
a. If a claim is made or suit is brought, the
covered person must:
(1) promptly send to us copies of all legal
papers, demands, and notices; and
(2) at our request, assist in:
(a) a settlement;
(b) the conduct of suits. This includes
the attendance at trials or hearings;
(c) the enforcing of rights against all
parties who may be liable to a
covered person for the injury or
damage;
(d) the securing of and giving of
evidence; and
(e) obtaining the attendance of all
witnesses.
b. In the case of a medical payments loss:
(1) the injured person (or one acting on such
person's behalf) must:
(a) give us written proof of claim (under
oath if requested) as soon as
practicable; and
(b) give us permission to get copies of
the medical records;
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(2) the injured person must submit to
medical exams by doctors chosen by us
when and as often as we may
reasonably require.
HOW MUCH WE PAY
The following provisions apply to the Additional
Coverages of this endorsement.
1. Coverage Limits: The Coverage Limit shown in
the declarations for Sexual Acts Liability
Coverage, subject to the General Occurrence
Limit, the Coverage Aggregate Limit, and the
General Aggregate Limit, is the most we will pay
for all losses sustained by one or more persons
arising out of any sexual act (including any error
in reporting such act) to which the Additional
Coverages of this endorsement apply. This
Coverage Limit is the most we will pay regardless
of:
a. the number of persons or entities to whom
this endorsement provides coverage; or
b. the number of losses or related losses
arising directly or indirectly out of one or
more related acts, errors, omissions,
decisions, incidents, events, or breaches of
duty; or
c. the number of persons acted upon, or who
otherwise sustain injury, damage, or loss; or
d. the number of claims made or suits brought,
or the number of persons initiating such
claims or suits; or
e. the number of sexual acts or other acts,
errors, omissions, decisions, events, or
breaches of duty contributing to the injury,
damage, or loss; or
f. the extent or duration of the injury, loss,o r
related loss; or
g. the extent, duration or amount of sexual
activity or the number of acts, errors,
omissions, decisions, incidents, events, or
breaches of duty contributing to injury,
damage, or loss; or
h. the number of our policy periods , or
portions thereof, over which any acts, errors,
omissions, decisions, incidents, events, or
breaches of duty contributing to injury,
damage, or loss should occur; or over which
the injury, loss, or related loss should occur;
or
i. the number and/or type of causes of action or
theories of liability asserted in a suit for
damages. Such causes or theories may
include, but are not limited to, negligence,
negligent supervision, negligent entrustment,
intentional or negligent infliction of emotional
distress, assault/battery, false imprisonment,
defamation, invasion of privacy, or any other
cause or theory arising directly or indirectly
out of any sexual act or alleged in addition to
a sexual act.
2. Insurance Under More Than One Coverage :
Only one “Liability Coverage” of this policy will
apply to a sexual act (including any error in
reporting such act) and any related loss .N o
payment will be made under more than one
“Liability Coverage” of this policy or more than
one "Medical Coverage" of this policy, except
that:
a. both a “Liability Coverage” and a “Medical
Coverage” will be provided, if otherwise
applicable, for bodily injury in accordance
with the Sexual Acts Medical Payments
Extension; and
b. Excess Liability Coverage of this policy, if
applicable, will pay covered losses in
addition to another applicable “Liability
Coverage” of this policy.
“Liability Coverage” means a coverage (Principal,
Supplemental, or Additional) that has the word
Liability in the heading of the coverage. “Medical
Coverage” means a coverage (Principal,
Supplemental or Additional) that has the word
Medical in the heading of the coverage.
Although more than one coverage of this
endorsement may apply to a particular accident
or occurrence, this will not act to increase any
occurrence limit or any other limits, nor will it
modify any of the terms of this endorsement.
3. Specified Limits: Any limit specifically stated
within this endorsement represents the most we
will pay for the coverage to which such limit
applies. The specified limit is subject to any
applicable coverage limit, occurrence limit,o r
aggregate limit applying to the occurrence or
accident.
4. Coverage Aggregate Limit : The Coverage
Aggregate Limit shown in the declarations for
Sexual Acts Liability Coverage, subject to the
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General Aggregate Limit, is the most we will pay
under the Additional Coverages of this
endorsement for all sexual acts (including any
error in reporting such acts) taking place during
the period to which the Coverage Aggregate Limit
applies [as described in Provision 5 of this
section].
5. Coverage Aggregate Re-Set: The Coverage
Aggregate Limit shown in the declarations for
the Additional Coverages of this endorsement will
re-set every 12-months from the inception date of
the applicable liability coverage until the date that
the coverage is terminated or expires.
6. Incidents Occurring Over Time :I f a sexual act
to which any liability coverage of this
endorsement applies consists of sexual activity or
behavior occurring on more than one date during
any policy period or policy periods , such
activity or behavior, together with any related
loss, will constitute a single sexual act, and the
date of such act will be considered to be the
earlier of:
a. the date on which the last alleged sexual act
out of which the claim arises should occur; or
b. the last day that we provided any coverage
to you for such act.
The policy forms, endorsements and limits in
effect on such date will govern coverage with
respect to all claims arising directly or indirectly
out of the sexual act.
7. Per Counselee Limit: We will pay no more than
$5,000 per person under the Outside Counseling
Reimbursement Coverage for emotional injury
to which this coverage applies. If the Sexual Acts
Liability Coverage Limit shown in the
declarations is less than the General
Occurrence Limit, then the reimbursement
coverage of this endorsement will apply in
addition to the Sexual Acts Liability Coverage
Limit. If the Sexual Acts Liability Coverage Limit
shown in the declarations is equal to the
General Occurrence Limit, then payment under
the reimbursement coverage of this endorsement
will reduce the Sexual Acts Liability Coverage
Limit by the amount of reimbursement payments
that are made.
8. Multiple Counselee Aggregate Limit: If multiple
persons seek counseling as the result of sexual
activity involving the same perpetrator or
perpetrators, then we will pay no more than
$100,000 under the Outside Counseling
Reimbursement Coverage on behalf of all such
counselees. If the Sexual Acts Liability Coverage
Limit shown in the declarations is less than the
General Occurrence Limit, then the
reimbursement coverage of this endorsement will
apply in addition to the Sexual Acts Liability
Coverage Limit. If the Sexual Acts Liability
Coverage Limit shown in the declarations is
equal to the General Occurrence Limit, then
payment under the reimbursement coverage of
this endorsement will reduce the Sexual Acts
Liability Coverage Limit by the amount of
reimbursement payments that are made.
9. Medical Payments Limit: We will pay no more
than the per person Coverage M limit shown on
the declarations under the Sexual Acts Medical
Payments Extension for
bodily injury to which
this coverage applies. If the Sexual Acts Liability
Coverage Limit shown in the declarations is less
than the General Occurrence Limit, then the
reimbursement coverage of this endorsement will
apply in addition to the Sexual Acts Liability
Coverage Limit. If the Sexual Acts Liability
Coverage Limit shown in the declarations is
equal to the General Occurrence Limit, then
payment under the Medical Payments Extension
of this endorsement will reduce the Sexual Acts
Liability Coverage Limit by the amount of
medical expense payments that are made.
10. Medical Payments Aggregate Limit : If multiple
persons seek medical treatment as the result of
sexual activity involving the same perpetrator or
perpetrators, then we will pay no more than
$100,000 under the Sexual Acts Medical
Payments Extension on behalf of all such
persons. If the Sexual Acts Liability Coverage
Limit shown in the declarations is less than the
General Occurrence Limit, then the
reimbursement coverage of this endorsement will
apply in addition to the Sexual Acts Liability
Coverage Limit. If the Sexual Acts Liability
Coverage Limit shown in the declarations is
equal to the General Occurrence Limit, then
payment under the reimbursement coverage of
this endorsement will reduce the Sexual Acts
Liability Coverage Limit by the amount of
medical expense payments that are made.
CONDITIONS
The following conditions apply to the Additional
Coverages of this endorsement.
1. Bankruptcy: Your bankruptcy or insolvency
does not relieve us of our obligations under this
Sexual Acts Liability Coverage endorsement.
04M5A0494326
BGL-61 (4.7) Copyright, 2020 Brotherhood Mutual Insurance Co. Page 13 of 15 All Rights Reserved
2. Insurance Under More Than One Policy
(Applies to all coverages except Coverage M --
Medical Payments):
a. Insurance under this Sexual Acts Liability
Coverage endorsement is primary unless
otherwise stated. The amount of our liability
is not reduced because of other insurance
which applies to the loss on other than a
primary basis.
b. If the other insurance is also primary, we will
share in the loss as follows:
(1) If the other insurance provides for
contribution by equal shares, we will pay
equal amounts with other insurers until:
(a) the lowest applicable limit under any
one policy is reached; or
(b) the full amount of the l oss is paid.
If part of the loss remains unpaid, we will
pay an equal share with the other insurers
until the full amount of the loss is paid, or
until we have paid our limit in full.
(2) If the other insurance does not provide
for contribution by equal shares, we will
pay, up to our limit , no more than that
proportion of the loss to which the
applicable limit under this policy for such
loss bears to the total applicable limit for
all insurance against the loss.
c. When this insurance is excess over any other
insurance:
(1) we will have no duty to defend any claim
or suit that any other insurer has a duty
to defend. If no other insurer defends, we
will do so. However, we will be entitled to
the covered person’s rights against all
those other insurers.
(2) we will pay our share of the amount of
loss, if any, that exceeds the sum of:
(a) the total amount that all such other
insurance would pay for the loss in
the absence of this insurance; and
(b) the total of all deductibles and self-
insured amounts required by such
other insurance.
We will share the remaining loss with
any other insurance that is not described
in this excess insurance provision and
was not bought specifically to apply in
excess of the limits shown on the
declarations for this Sexual Acts Liability
Coverage.
3. Misrepresentation, Concealment or Fraud:
This coverage is void as to you and any other
covered person if before or after a loss:
a. you have or any covered person has
willfully concealed or misrepresented:
(1) a material fact or circumstance that
relates to this insurance or the subject
thereof; or
(2) the covered person’sinterest herein;
b. there has been fraud or false swearing by
you or any other covered person with
regard to a matter that relates to this
insurance or the subject thereof.
4. Separate Insureds: Coverage provided under
this Sexual Acts Liability Coverage endorsement
applies separately to each covered person
against whom claim is made or suit is brought.
This does not affect the limits stated under How
Much We Pay.
5. Subrogation: If we pay under this Sexual Acts
Liability Coverage endorsement , we may require
from a covered person an assignment of any
right of recovery. We are not liable under this
Sexual Acts Liability Coverage endorsement if
any covered person has impaired our right to
recover. You may waive the right to recover, in
writing, before an occurrence takes place.
6. Suit Against Us: No suit may be brought against
us unless:
a. all the terms of this Sexual Acts Liability
Coverage endorsement have been complied
with; and
b. the amount of a covered person’s liability
has been determined by:
(1) a final judgment against a covered
person as a result of a trial; or
(2) a written agreement by the covered
person, the claimant, and us.
No person has a right under this Sexual Acts
Liability Coverage endorsement to join us or
04M5A0494326
BGL-61 (4.7) Copyright, 2020 Brotherhood Mutual Insurance Co. Page 14 of 15 All Rights Reserved
implead us in actions that are brought to
determine a covered person’sliability.
7. Liability Deductible: If a liability deductible is
shown in the declarations for a particular
coverage, we will pay only that portion of loss, if
any, which exceeds the designated deductible
amount for any one occurrence to which such
coverage should apply.
8. Additional Insureds: With respect to any person
or entity shown on the declarations, or any other
endorsement, as an Additional Insured
specifically for Sexual Acts Liability Coverage, we
will provide the Additional Coverages of this
Sexual Acts Liability Coverage endorsement
(BGL-61) to such Additional Insured (they will be
considered a covered person for the Additional
Coverages provided by this endorsement), but
only to the extent that such person or entity is
legally liable for the acts of you, your leader ,
your employee ,o r your appointed person .
Such coverage will be limited to that which is
specifically provided by the Additional Coverages
of this endorsement, and will be strictly subject to
the terms of this endorsement. No coverage will
apply to any independent acts, errors or
omissions of any Additional Insured.
9. Related Organizations: We will provide no
coverage under this endorsement for any loss
arising out of the operations of any related
organization/operation that exists at the
inception date of this policy unless such related
organization/operation is properly designated in
the declarations.
10. Covered Liability Exposures: We will provide
no liability or medical coverage for any loss
arising out of any exposure known by you or
your leaders to exist: (a) at the beginning of the
policy period; or (b) at the time that this liability
endorsement is added to the policy; unless such
exposure is designated in the Schedule of
Liability Exposures section of the declarations.I f
during the policy period we are notified or
otherwise become aware that your organization
is or will be: (1) changing or expanding your
operations; or (2) engaging in any unusual
activities or events that materially change your
liability exposure; we reserve the right to adjust
limits and/or modify coverage with respect to
such operations, activities or events (which may
result in adding customized coverage form(s) to
the policy), and to make appropriate premium
adjustments as necessary to address the change
in exposure. With respect to premises that you
own at the beginning of the policy period , we
will cover loss under the terms of this policy
relating directly or indirectly to such premises
only if the premises is listed in the policy
declarations. All premises listed in the
declarations must be owned, occupied or rented
by you.
11. Losses Not Within Coverage Dates: This policy
will not provide any coverage for loss of any
kind:
a. incurred prior to the date on which this policy,
or this endorsement, becomes effective; or
b. incurred after this policy or endorsement
terminates; or
c. if such loss (or any related loss ) is, or has
been, the basis of any prior claim; or
d. if such loss is a continuation of, or
resumption of, any loss that was known by
any covered person prior to the date that
the policy, (or any applicable coverage) took
effect. For purposes of this provision, a loss
will be considered to be known by a covered
person if the terms of Condition 15 of this
endorsement apply.
12. Arbitration (Coverage Disputes): Any dispute
between us and any covered person regarding
the existence or application of coverage under
the terms of this Sexual Acts Liability Coverage
endorsement must be submitted to the American
Arbitration Association (or to any other
organization providing arbitration services if
agreed to by us and by all covered persons who
are a party to the dispute) for a determination of
coverage by a three member arbitration panel
appointed by the arbitration organization. Such
arbitration will be required if demanded by any
covered person , or by us. The decision
rendered by the arbitration panel will be binding
upon all persons affected by the coverage of this
policy. All arbitration costs, fees and expenses
will be divided equally between the parties to the
arbitration. Our participation in an arbitration
process will not waive any rights we have under
this policy.
13. Governing Board Provision: This policy has
been issued to
your organization on the
condition that it is, and will continue to be,
operated by an autonomous governing board or
other autonomous governing body. To be
considered autonomous, such board or body
must be comprised of three or more individuals;
and a majority of the individuals serving on the
board or body may not be related to each other
by blood (family members) or marriage (in-laws).
04M5A0494326
BGL-61 (4.7) Copyright, 2020 Brotherhood Mutual Insurance Co. Page 15 of 15 All Rights Reserved
In consideration of our having issued this policy,
you warrant that no single person within your
organization will have authority to make large
organizational or financial decisions without the
authorization and approval of your autonomous
governing board or autonomous governing body.
14. Organizational Disputes: If any dispute should
arise within your organization concerning who
controls the organization or who controls or owns
your organizational property or assets, no
coverage of any kind will apply under this policy
to any person, group or entity in relation to such
dispute. In addition, no liability coverage will
apply to any alleged damage, injury, or loss
sustained by any person, group or entity if such
damage, injury, or loss arises directly or
indirectly out of or in connection with any dispute
over control of your organization. This coverage
restriction will apply until such time as a final
determination is made in a court of law regarding
which person or group actually controls the
organization. Once a final determination has
been made and all appeals exhausted, then the
prevailing party will be considered the
representative of your organization, and: (1) any
coverage provided by this policy in relation to any
ongoing or subsequent loss will apply to such
prevailing party; and (2) we will reimburse such
prevailing party up to $25,000 toward reasonable
and necessary legal expense (if any) that they
incurred as the defendant in a declaratory action
to determine organizational control.
15. Knowledge of Loss: Knowledge of loss will be
deemed to have occurred at the earliest of the
following times:
a. when a suit, claim, or demand for damages
alleging any loss is received by any covered
person; or
b. when any covered person reports the loss
to us or any other insurer, or insurance agent
or broker; or
c. when any covered person, other than an
alleged perpetrator, becomes aware of
anything that indicates that any loss may
have occurred or is occurring.
16. Representations: By accepting this Sexual Acts
Liability Coverage endorsement, you agree that:
a. the entries pertaining to this coverage on the
declarations are based upon
representations which you have made to us
with respect to this coverage; and
b. we have issued this Sexual Acts Liability
Coverage endorsement in reliance upon
such representations.
OTHER PROVISIONS
The terms of the Commercial Liability Coverage
Form (GL-100) and the Liability and Medical
Coverage Form (BGL-11) do not apply to the
coverages of this endorsement. However, except to
the extent modified herein, any terms in the
Commercial Liability Coverage Form (GL-100) and
the Liability and Medical Coverage Form (BGL-11)
that apply to Principal Coverage M (Medical
Payments) will apply to the Sexual Acts Medical
Payments Extension of this endorsement.
04M5A0494326
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04M5A0494326
BGL-991D (4.1) Copyright, 2015 Brotherhood Mutual Insurance Co. Page 1 of 5 All Rights Reserved
This Liability Coverage Endor sement is subject to the terms of the applicable Commercial Liability Coverage Form (GL-100) and the Liability and Medical Coverage Form (BGL-11). Only one liability coverage will apply to an occurrence and any related loss. This endorsement is attached to and made part of the policy. No liability coverage is provided by this form.
THIS INSURANCE ENDORSEMENT FORMS PART OF YOUR POLICY CONTRACT.
PLEASE READ IT CAREFULLY.
MINISTRY OPERATIONS
COVERAGE EXTENSION:
TRAUMATIC INCIDENT RESPONSESM COVERAGE
($1,000,000 AGGREGATE LIMIT)
AGREEMENT
We provide the Coverage Extension described in
this endorsement, but only if this endorsement
(BGL-991D) is properly designated in the
declarations of this policy, and only if you are a
religious or not-for-profit organization.
COVERAGE EXTENSION
TRAUMATIC INCIDENT RESPONSE EXTENSION
In the event that a traumatic incident takes place:
(1) on your premises; or (2) during the course of
your scheduled activity, at your request, we will pay
up to the limit of coverage stated below (but subject
to the Coverage Aggregate Limit and the individual
Extension Aggregate Limits stated in the How Much
We Pay section of this endorsement) for qualifying
expenses that are incurred as a result of such
traumatic incident that takes place in the coverage
territory and during the policy period.
ADDITIONAL MEDICAL EXPENSE
COVERAGE
At your request, we will pay up to an additional
$50,000, per person, for medical expense
(including funeral or burial costs) of a covered
person that would otherwise be covered under
Principal Coverage M of this policy. This medical
coverage extension is excess over any other
medical coverage that is available or payable under
any other policy, program or plan, and does not
apply to any expense relating to the treatment of
emotional injury . Payments made under this
medical expense coverage extension are subject to
the Medical Extension Aggregate provision in the
How Much We Pay section of this endorsement.
Such medical expense must be incurred within one
year of the date on which the traumatic incident
occurs.
BROADENED WAGE LOSS
REIMBURSEMENT COVERAGE
(INCLUDING EMOTIONAL INJURY)
If this policy includes Wage Loss Reimbursement
Coverage (Form BGL-99), at your request, we will
pay up to an additional $11,500 ($15,000 total) for
loss of income arising out of bodily injury or
emotional injury sustained by a covered person or
by a covered observer as the result of a covered
traumatic incident. The terms of coverage set forth
in the Wage Loss Reimbursement Form (BGL-99)
that apply to loss of income resulting from bodily
injury will also apply to this extension. Payments
made under this wage loss coverage extension are
subject to the Wage Loss Extension Aggregate
provision in the How Much We Pay section of this
endorsement. Such wage loss must be incurred
within 6 months (180 days) of the date on which the
traumatic incident occurs.
INDIVIDUAL COUNSELING COVERAGE
At your
request, we will pay up to $10,000 per
covered person /covered observer for individual
(one-on-one or family) counseling costs associated
with emotional injury sustained by a covered
person or by a covered observer as the result of a
covered traumatic incident. Payments made under
this counseling coverage extension are subject to
04M5A0494326
BGL-991D (4.1) Copyright, 2015 Brotherhood Mutual Insurance Co. Page 2 of 5 All Rights Reserved
the Counseling Extension Aggregate provision in the
How Much We Pay section of this endorsement.
Such counseling costs must be incurred within 18
months of the date on which the traumatic incident
occurs.
ADDITIONAL ORGANIZATIONAL EXPENSE
At your request, we will reimburse your
organization up to $500,000 (in total) for the
following expenses that you incur as the result of a
traumatic incident:
a. costs to obtain an alternate facility while the
incident is being investigated; and
b. costs to retain a professional independent
counselor or counseling service to meet with
members of your organization; and
c. costs to retain a professional public relations
specialist or public relations firm; and
d. costs to retain legal counsel to assist the
organization in responding to the media, to
victims or their representatives, or to law
enforcement inquiries associated with the
incident; and
e. costs to retain security personnel to guard
your facility against further incidents; and
f. costs to retain temporary employees to
handle additional work resulting from the
incident; and
g. costs (such as non-refundable off-site facility
rental charges) associated with event
cancellation following a traumatic incident,
but not including loss of event revenue or
the refund of receipts that you convey in
connection with such cancellation; and
h. other additional costs (not including property
repair costs) that are incurred as a direct
result of the incident and which have been
authorized in advance by us;
but only to the extent that such cost is a reasonable
and necessary expense, or has been authorized by
us prior to being incurred.
Such additional expense must be incurred within 60
days of the date on which the traumatic incident
occurs, or within 30 days before or 30 days after the
first anniversary of the traumatic incident.
Any payment made under this Additional
Organizational Expense coverage extension is
subject to the Organizational Expense Extension
Aggregate provision in the How Much We Pay
section of this endorsement.
DEFINITIONS
Each of the words or phrases defined in the
Definition section of the Commercial Liability
Coverage Form (GL-100) and the Liability and
Medical Coverage Form (BGL-11), applies to this
endorsement, unless otherwise modified herein.
The following definitions apply only to this
endorsement.
1. Covered observer means: (1) your leader ,
your employee, a member of your organization,
or a participant in your activity, who is present
at, and who witnesses, a traumatic incident ;
(2) the immediate family of a kidnapped,
abducted, or unlawfully taken child while in your
care. But covered observer does not include
any person who has sustained a physical injury
of any kind to their body in connection with the
traumatic incident.
2. Covered person means: (1) a leader or a
member of your organization; or (2) a
participant in your activity; who sustains a
physical injury to their body as a result of a
traumatic incident. But covered person does
not include anyone who:
a. sustains only emotional injury in
connection with a traumatic incident; or
b. is employed by you or who is otherwise paid
by you to do any work.
3. Life-threatening injury means bodily injury
involving: (1) signific ant (life-threatening)
damage to one or more vital organs; (2)
substantial loss of blood or tissue; or (3) other
grave physical injury; but only if such injury
results in a substantial probability of death
absent aggressive medical intervention.
4. Traumatic incident means only the following:
a. a violent attack directed against one or more
persons that results in death or in a life-
threatening injury; or
b. a violent attack directed against your
organization or its property that results in
death or in a life-threatening injury; or
04M5A0494326
BGL-991D (4.1) Copyright, 2015 Brotherhood Mutual Insurance Co. Page 3 of 5 All Rights Reserved
c. the holding of a group of people in a location
against their will by force or by the threat of
force; or
d. the kidnaping, abduction, or unlawful taking
of a child in your care; or
e. a suicide event that is witnessed by other
persons; or
f. any other sudden event not otherwise
excluded herein that results in: (i) the death
of one or more persons; or (ii) a life-
threatening injury to one or more persons;
if such death or injury is witnessed by
others.
Any related acts or events associated with a - f
above will be considered a single traumatic
incident, even if such acts or events do not
occur at the same time or in the same location.
EXCLUSIONS
Each of the exclusions set forth in the Exclusions
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11) apply to the Coverage Extension of
this endorsement unless other wise modified herein.
The following exclusions also apply to the Coverage
Extension of this endorsement.
1. All exclusions and other limitations that apply to
Principal Coverage M (as set forth in forms GL-
100 and BGL-11) will apply to the Additional
Medical Expense Extension of this
endorsement.
2. All exclusions and other limitations that apply to
Wage Loss Reimbursement Coverage (as set
forth in form BGL-99) will apply to the
Broadened Wage Loss Reimbursement
Extension of this endorsement, and no Wage
Loss Coverage will apply under this
endorsement unless Wage Loss
Reimbursement Coverage (form BGL-99) is
shown on the declarations of this policy.
3. The Coverage Extension of this endorsement
will provide no liability coverage of any kind to
any person or entity, and no judgment, award,
settlement, penalty, fine, legal fees or other such
cost, obligation or expense will be paid under
the terms of this endorsement.
4. The Coverage Extension of this endorsement
will provide no property coverage of any kind to
any person or entity, and no payment will be
made to rebuild, repair or replace any property
of any kind under the terms of this endorsement.
5. The Coverage Extension of this endorsement
will not apply to bodily injury resulting from the
operation, maintenance, occupancy or use of
any auto, unless such auto:
a. strikes a pedestrian who is located on
property that you own or rent; or
b. strikes a pedestrian in the course of an off-
site activity that is coordinated or sponsored
by your organization; or
c. is used with violent intent by a person who
plans to cause injury or death to other
persons through the use of the auto: (i) as a
weapon; or (ii) to transport a weapon.
6. The Coverage Extension of this endorsement
will not apply to loss of any kind resulting from
any sexual contact or other sexual act, unless
such act is undertaken as part of: (1) a public
assault that is witnessed by multiple persons
(other than the perpetrator and the victim); or (2)
a kidnapping, abduction, or unlawful taking of a
child in your care.
7. We will not pay for loss of any kind:
a. that involves the use, release or escape of
nuclear or radioactive materials, or
b. that directly or indi rectly results in nuclear
reaction or radiation or radioactive
contamination; or
c. that involves the dispersal, release or
application of any pathogenic or poisonous
biological or chemical materials of any kind.
8. We will not pay for loss of any kind sustained by
any person or persons who intentionally inflict
harm on others (or on themselves), unless such
harm is directed against a violent perpetrator in
self-defense or in defense of other innocent
persons. Nor will we
pay for injury sustained by
any person other than a covered person.
9. The Additional Organizational Expense
Extension of this endorsement will not apply to:
a. any loss of, or reduction in, your
organization’s revenue, income, or donation
receipts; or
b. any other loss of revenue associated with a
traumatic incident;
04M5A0494326
BGL-991D (4.1) Copyright, 2015 Brotherhood Mutual Insurance Co. Page 4 of 5 All Rights Reserved
nor will it apply to any refunds that you convey
in connection with cancelled events.
HOW MUCH WE PAY
Each of the provisions set forth in the How Much We
Pay section of the Liability and Medical Coverage
Form (BGL-11) apply to the Coverage Extension of
this endorsement. The following provisions also
apply to the Coverage Extension of this
endorsement.
1. Application of Coverage:
The limit of payment stated within each section
of the Coverage Extension of this endorsement
represents the most we will pay for qualifying
expenses to which the Coverage Extension
applies. For the purpose of applying limits of
coverage, any related acts, incidents or events
that qualify as, or that together develop into, a
traumatic incident, will be considered a single
incident to which the limits of coverage as set
forth herein will apply, even if such acts or
events do not occur at the same time or in the
same location.
2. Coverage Aggregate Limit:
The most we will pay for all covered costs
associated directly or indirectly with a traumatic
incident covered herein is $1,000,000. This
Coverage Aggregate Limi t represents the most
we will pay in relation to a single traumatic
incident, regardless of the number of Coverage
Extensions that apply, the number of persons
affected, or the total amount of cost incurred in
connection with such incident.
3. Medical Extension Aggregate Limit:
We will pay no more than $500,000 for all
medical expense associated with a single
traumatic incident covered under the
Additional Medical Expense Coverage Extension
herein. Covered medical bills will be paid in the
order that they are received by us until an
applicable limit (per person, per extension or
coverage aggregate) is reached, at which point
payment associated with such person, extension
or incident will cease. This Medical Extension
Aggregate Limit represents the most we will pay
for all medical expense in relation to a single
traumatic incident, regardless of the number of
persons affected, or the total amount of cost
incurred in connection with such incident.
4. Wage Loss Extension Aggregate Limit:
We will pay no more than $100,000 for all wage
loss reimbursement associated with a single
traumatic incident covered under the
Broadened Wage Loss Reimbursement
Coverage Extension herein. This $100,000
aggregate limit is payable over and above
payments received under the terms of coverage
set forth in the Wage Loss Reimbursement Form
(BGL-99). Covered wage loss will be paid in the
order that proof of wage loss documentation is
received by us, until an applicable limit (per
person, per extension or coverage aggregate) is
reached, at which point payment associated with
such person, extension or incident will cease.
This Wage Loss Extension Aggregate Limit
represents the most we will pay for all covered
income loss in relation to a single traumatic
incident, regardless of the number of persons
affected, or the total amount of income loss
incurred in connection with such incident.
5. Counseling Extension Aggregate Limit:
We will pay no more than $100,000 for all
counseling expense associated with a single
traumatic incident covered under the Individual
Counseling Coverage Extension herein.
Covered counseling bills will be paid in the order
that they are received by us until an applicable
limit (per person, per extension or coverage
aggregate) is reached, at which point payment
associated with such person, extension or
incident will cease. This Counseling Extension
Aggregate Limit represents the most we will pay
for all individual counseling expense in relation
to a single traumatic incident, regardless of the
number of persons affected, or the total amount
of cost incurred in connection with such incident.
6. Organizational Expense Extension
Aggregate Limit:
We will pay no more than $500,000 for all
additional organizational expense associated
with a single traumatic incident covered under
the Organizational Expense Extension herein.
Covered expenses will be paid in the order that
documentation is received by us until an
applicable limit (per extension limit or coverage
aggregate limit) is reached, at which point
payment associated with such extension or
incident will cease. (This includes expenses for
costs that were approved by us). This
Organizational Expense Extension Aggregate
Limit represents the most we will pay for all
additional organizational expense in relation to a
single traumatic incident , regardless of the
total amount of cost incurred in connection with
such incident.
7. Other Medical Insurance:
The medical payments coverage provided in this
endorsement will be strictly excess over any
04M5A0494326
BGL-991D (4.1) Copyright, 2015 Brotherhood Mutual Insurance Co. Page 5 of 5 All Rights Reserved
other policy, program or plan designed to pay
medical expenses.
8. Payment/Reimbursement Limitations:
Costs to which this endorsement would
otherwise apply will be paid or reimbursed by us
only to the extent that such costs are reasonable
and necessary, or have been authorized in
advance by us.
9. Other Policy Coverages:
The coverage provided by this endorsement will
apply in addition to other available coverages of
this policy, but remains subject to the General
Occurrence Limit and General Aggregate Limit
of the policy, as well as being subject to the
coverage-specific extension limits set forth
herein.
10. Coverage Requests:
Coverage under this endorsement will apply
based on your request for coverage. The
leaders of your organization are responsible for
identifying which categories of coverage
(Medical, Wage Loss, Counseling and/or
Organizational Expense) will apply under the
terms of this endorsement. If, during the course
of claim administration, your leaders decide to
revise their coverage request by eliminating a
category of coverage that had previously been
selected (a change request), then, subject to
any applicable limits, we will complete the
processing and payment of covered bills from
that category that were received by us prior to
the change request. We will not pay any bills
from such category if they are submitted after
your change request has been received.
11. Order of Payments:
Covered bills and expenses will be paid in the
order that they are received by us until an
applicable limit (per person, per extension or
coverage aggregate) is reached, at which point
payment associated with such person, extension
or incident will cease.
12. Communication to Affected Persons:
You will be responsible for conveying to us the
extension categories for which you are
requesting coverage under the terms of this
endorsement. You will also be responsible for
assisting us in communicating to affected
persons the manner in which, and the extent to
which, payment under the terms of this
endorsement will apply.
LIMITATION
Nothing in this endorsement will act to increase any
limits of coverage, or to in any way modify any
terms of the policy other than the terms specified
herein. This endorsement provides no liability
coverage of any kind.
OTHER PROVISIONS
All other provisions of the policy will continue to
apply, unless otherwise modified herein.
04M5A0494326
BGL-99 (4.0) Copyright, 2013 Brotherhood Mutual Insurance Co. Page 1 of 3 All Rights Reserved
This Liability Coverage Endor sement is subject to the terms of the applicable Commercial Liability Coverage Form (GL-100) and the Liability and Medical Coverage Form (BGL-11). Only one liability coverage will apply to an occurrence and any related loss. This endorsement is attached to and made part of the policy.
THIS INSURANCE ENDORSEMENT FORMS PART OF YOUR POLICY CONTRACT.
PLEASE READ IT CAREFULLY.
MINISTRY OPERATIONS
WAGE LOSS REIMBURSEMENT COVERAGE
AGREEMENT
We provide the Additional Coverage described in this
endorsement, but only if Wage Reimbursement
coverage is properly designated in the Declarations
of this policy.
DEFINITIONS
Each of the words or phrases defined in the Definition
section of the Commercial Liability Coverage Form
(GL-100) and the Liability and Medical Coverage
Form (BGL-11), applies to this endorsement, unless
otherwise modified herein. The following definition
applies only to the Additional Coverage of this
endorsement.
1. Covered wage loss means reasonable and
necessary loss of actual in come as the result of
bodily injury , but only to the extent that such
income was being paid on the date of accident,
and only if the income loss is documented in
writing by the employer of the person sustaining
the income loss.
2. Life-threatening injury means bodily injury
involving: (1) significant (life-threatening) damage
to one or more vital organs; (2) substantial loss of
blood or tissue; or (3) other grave physical injury;
but only if such injury results in a substantial
probability of death absent aggressive medical
intervention.
ADDITIONAL COVERAGES
WAGE LOSS REIMBURSEMENT
COVERAGE
Subject to the limitations set forth herein, we pay
reasonable and necessary covered wage loss
resulting from bodily injury, up to $3,500 per injured
person. The bodily injury must be caused by an
accident:
a. on premises you own or rent; or
b. arising out of your operations.
We pay such covered wage loss regardless of fault,
but only if such wage loss:
a. arises out of an accident that occurs in the
coverage territory during the policy period;
and
b. is incurred and reported within 6 months (180
days) of the accident; and
c. results from time away from work: (1) as
specifically directed by a physician; or (2) as
required to personally care for a dependent
covered herein; or (3) to coordinate funeral
details and other details associated with the
death of a dependent; or (4) to coordinate life
care details and other details associated with
a life-threatening injury to a dependent.
04M5A0494326