Preview
FILED: FRANKLIN COUNTY CLERK 02/23/2023 08:44 AM INDEX NO. E2021-26
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 02/23/2023
ADMIRAL INSURANCE COMPANY MEDICAL PROFESSIONAL LIABILITY
A STOCK COMPANY (CLAIMS MADE AND
REPORTED) AND
pierel, caneathecornpany) GENERAL LIABLITY (CLAIMS MADE)
DECLARATIONS
Policy No.: C0000002667-04 Renewal/Rewrite of: CO000002667-03
Named Insured andMailing Address
BEACH MEDICAL SERVICES PLLC
DBA OPTIONS FOR THE NORTHEAST IN
ESTHETICS
79 HAMMOND LANE, SUITE 11
PLA TTSIlURGIT, NY 12901
POLICY PERIOD: Frm 10/23/20l8 to 10/23/2019 At 1201 A M. StandardTice attheaddressofthe NamedInsuredasstred herein
In considention of the payment of premiurn, in reliance upon the statements helem 01·attached hereto and subject to all of the
terms of this policy, the Company agrees with the Named Insured as follows:
BUSINESS DESCRIPTION: Daily spa including outpatient aesthetic service3 - no surgeny.
COVERAGE PARTS & LIMITS OF LIABILITY:
Professional Liability
Each Claim $1,000,000
Aggregate $3.000,000 Included in Policy Aggregate
Sexual Abuse and Molestation
Each claim $1,000.000
Aggregate $1,000,000
... . . .. .. ... . .. .. .
Comme1cial General Liability
Each Occurrence $1,000,000 .
General Aggjegate $3,000,000 Included i rdlicy Aggregiate
Products-Completed Opentions Aggregate EXCLUDED
Personal & Advertising Injury $1,000,000
Damage to Premises Rented to You $100,000
Medical Payments (per Person) $5,000
Additional Coverage Limits of Liability Each Claim/Event Aggregate (Included in Policy Aggregate)
Network Security & Data Privacy Liability $1,000,000 $1,000,000
First Party Privacy BreachExpenses $100,000 $100,000
Media Activities $23,000 $23,000
Regulatory Wrongful Acts $25,000 $25,000
HIP AA $250,000 $250,000
License Defense $5,000 $25,000
PeerReview $5,000 $25,000
S bpoena Assistance $5,000 $5,000
Reirnbursement of Lost Wages $500 $5,000
Reputation Protection $5,000 $5,000
Emergency Evacuation Expense $25,000 $25,000
PatientProperty Damage $500 S500
Claim Expenses Aggregate Limit $1,000,000
Policy Aggregate $3,000,000
DE23281016 Page 1 of 2
This is to certify that Excess Line Association of New York received and reviewed the 11/02/2018
attached insurance document in accordance with Article 21 of the New York State ld:2069939954
Insurance Law
THE INSURER(S) NAMED
HEREIN IS (ARE) NOT LICENSED BY THE STATE OF NEW YORK,
EXCESSLINE ASSOCIATION NOT SUBJECT TO ITS
SUPERVISION, AND IN THE EVENT OF THE INSOLVENCY OF THE
OF NEW YORK INSURER(S), NOT PROTECTED BY THE NEW YORK STATE SECURITY FUNDS. THE POLICY
MAY NOT BE SUBJECT TO ALL OF THE REGULATIONS OF THE DEPARTMENT OF
FINANCIAL SERVICES PERTAINING TO POLICY FORMS.
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NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 02/23/2023
PL Deductible $5,000 Per Claim Including Expenses
GL Deductible $5,000 Each Claim - Expenses
Including
PL Retroactive Date 10/23/2015
GL Retroactive Date 10/23/2015
REDACTED
Forms attached at inception:
See Schedule of Forms AI 00 18 03 98
This policy is not binding unless countersigned by Admiral Insurance Company or its authorized representative.
Countersigned On: 10/30/2018
At: MountLaurel, NJ By - -
Authorized Repe cr alive
DE23281016 Page 2 of 2
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NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 02/23/2023
AMM M Policyholder Message
Named Insured: BEACH MEDICAL Policy Number: C0000002667-04
SERVICES PLLC
DBA OPTIONS FOR THE
NORTHEAST IN
ESTHETICS
Dear Policyholder:
Headquarters'
Our Corporate and Northeast Regional Branch Office mailing address is:
Admiral Insurance Company (A Berkley Company)
Mt. Laurel Corporate Park
1000 Howard Blvd., Suite 300, P.O. Box 5430
Mt. Laurel, NJ 08054
Our telephone number:
General: 429 - 9200
(856)
If you need to report a claim please direct it:
I. By regular or overnight mail to;
Admiral Insurance Company (A Berkley Company)
Mt. Laurel Corporate Park
1000 Howard Blvd., Suite 300 P.O. Box 5430
Mt. Laurel, NJ 08054
Attention: New Claim
Clearly state it is a "NEW CLAIM".
II. By Email to;
admclaims@admiralins.com
Do not email claims to ANY claims individual.
III. By FAX to;
Fax #: (856) 429-3630
Attention: New Claim
Clearly state it is a "NEW CLAIM".
a W. R. BerfrleyCompany
FM30 1102 15 5. Page 1 of 1
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ADMIRAL INSURANCE
COMPANY
A Stock Company
COMMERCIAL LINES POLICY
THIS POLICY IS NOT OBTAINED PRIMARILY FOR PERSONAL, FAMILY
ORHOUSEHOLD PURPOSES.
THIS POLICY CONSISTS OF:
- DECLARATIONS
- COMMON POLICY CONDITIONS
- ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF:
-ONE OR MORE COVERAGE FORMS
- APPLICABLE FORMS AND ENDORSEMENTS
In Witness Whereof, we have caused this policy to be executed and attested, and, if required by state law, this policy
shall not be valid unless countersigned by our authorized representative.
Secretary President an EÉ
1000 Howard Blvd., Suite 300, P.O. Box 5430 Mt Laurel, NJ 08054 Telephone (856) 429-9200 Facsimile (856) 429-8611
JA1001 (03/13) R Both Cmpany
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NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 02/23/2023
Policy Number: C0000002667-04 M SO 00 09 17
Effective Date: 10/23/2018
ABMIRAL
"""
Named Insured: BEACH MEDICAL SERVICES PLLC
DBA OPTIONS FOR THE NORTHEAST IN ESTHETICS
IMPORTANT - POLICYHOLDER NOTICES
NOTICE
Except to such extent as may otherwise be provided here in, the coverage of this
policy is limited generally to liability for only those claims that are first made against
the insured and reported to us while the policy is in force. Please review the policy
carefully and discuss the coverage thereunder with your insurance agent or broker.
THE INSURER(S) NAMED HERIN IS (ARE) NOT LICENSED
BY THE STATE OF NEW YORK, NOT SUBJECT TO ITS
SUPERVISION, AND IN THE EVENT OF THE
INSOLVENCY OF THE INSURER(S), NOT PR(yfECTED BY
THE NEW YORK STATE SECURITY FUNDS.THE POLICY
MAY NOT BE SUBJECT TO ALL OF THE REGULATIONS
OF THE DEPARTMENT OF FINANCIAL SERVICES
PERTAINING TO POLICY FORMS.
M SO 00 09 17 Page 1 of 1
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PL Deductible $5,000 Per Claim Including Expenses
GL Deductible $5,000 Each Claim - Expenses
Including
PL Retroactive Date 10/23/2015
GL Retroactive Date 10/23/2015
Premium
Forms attached at inception:
See Schedule of Forms AI 00 18 03 98
This policy is not binding unless countersigned by Admiral Insurance Company or its authorized representative.
Countersigned On: 10/30/2018
At: Mount Laurel, NJ By _.....-
Authorized RegFefen alive
a W R. Berkky Company
DE23281016 Page 2 of 2
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NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 02/23/2023
SCHEDULE OF FORMS
Named Insured: BEACH MEDICAL SERVICES PLLC Policy No.: CO000002667-04
DBA OPTIONS FOR THE NORTHEAST IN ESTHETICS
FORM NUMBER TITLE
JA10010313 COVER JACKET - ADMIRAL INSURANCE COMPANY
DE23281016 ADMIRALPRO DELTA MED PROFESSIONAL LIABILITY AND GENERAL
LIABILITY DECLARATIONS PAGE
AI00180398 SCHEDULE OF FORMS
EO13260816 ADMIRALPRO DELTA MED MISCELLANEOUS MEDICAL PROFESSIONAL
LIABILITY INSURANCE
EO13270816 DESIGNATED LOCATION ENDORSEMENT
EO13280816 DEFINITION OF INSURED-INDEPENDENT CONTRACTORS
EO13380816 ANTI-STACKING OF LIMITS OF LIABILITY
EO13390816 PROFESSIONAL LIABILITY TERRORISM EXCLUSION (ABSOLUTE)
EO13410816 EXTENDED REPORTING PERIODS-PL
EO13420817 EXTENDED REPORTING PERIODS-GL
EO13430816 TOTAL POLICY AGGREGATE LIMIT ENDORSEMENT
CG00020413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM
CG21041185 EXCLUSION - PRODUCTS/COMPLETED OPERATIONS HAZARD
CG21060514 EXCLUSION-ACCESS OR DISCLOSURE OF CONFIDENTIAL OR
PERSONAL INFORMATION AND DATA-RELATED LIABILITY - WITH
LIMITED BODILY INJURY EXCEPTION
CG21460798 ABUSE OR MOLESTATION EXCLUSION
AI 00 18 03 98 Page 1 of 3
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CG21490999 TOTAL POLLUTION EXCLUSION ENDORSEMENT
CG21750115 EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF
OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED
STATES
CG22440413 EXCLUSION - SERVICES FURNISHED BY HEALTH CARE PROVIDERS
CG24260413 AMENDMENT OF INSURED CONTRACT DEFINITION
IL00171198 COMMON POLICY CONDITIONS
IL00210702 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT
AD06620204 EMPLOYEE BENEFITS LIABILITY COVERAGE CLAIMS MADE
COVERAGE
AD07431211 KNOWN EVENT INCIDENT INJURY OR DAMAGE EXCLUSION
AD66090295 MINIMUM PREMIUM AND MINIMUM RETAINED PREMIUM
AMENDATORYENDORSEMENT
AD66230295 AIDS EXCLUSION
AD68830413 LONG TERM EXPOSURE EXCLUSIONS JOINT FORM
AD68891213 SPECIAL JOINT FORM CLAIMS MADE
AD68901011 WRONGFUL RECORDING OF PERSONAL IDENTIFICATION
INFORMATION EXCLUSION
AD66690905 SUPPLEMENTARY PAYMENTS INCLUDED WITHIN THE LIMIT OF
LIABILITY
AI08760203 INJURY TO WORKERS EXCLUSION - JOINT FORM
AI44020818 SERVICE OF SUIT
MK01200916 LOSS CONTROL AND RISK MANAGEMENT SERVICES FOR
HEALTHCARE PROFESSIONAL LIABILITY POLICYHOLDERS
MK01210916 DATA BREACH SERVICES FOR HEALTHCARE PROFESSIONAL
LIABILITY POLICYHOLDERS
AI 00 18 03 98 Page 2 of 3
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AI00180398 Page3of3 0
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TA®
ADMIRALPRO DEL MED
MISCELLANEOUS MEDICAL
PROFESSIONAL LIABILITY INSURANCE
THIS IS A CLAIMS-MADE AND REPORTED POLICY. PLEASE READ THIS POLICY CAREFULLY. THE AMOUNT
OF THE APPLICABLE LIMIT OF LIABILITY WILL BE REDUCED BY THE AMOUNTS PAID FOR D AMAGES.
Throughout this Policy the words you and your refer to the Named Insured. The words Company, we, us and our refer to
Admiral Insurance Company. Words which an in bold writing thmughout this document are defined terms within the Defini-
tions section of this Policy. This Policy shall not be binding upon the Company unless completed by a Declarations Page and
countenigned on the aforesaid Declamtions Page by a duly authorized Spesentative of the Company.
In considention of the premium paid, in eliance upon the statements in the Application and subject to the terms and conditions
of this Policy (including all endonements), the Company agnes with the Named Insured as follows:
SECTION I. INSURING AGREEMENTS
COVERAGE A. PROFESSIONAL LIABILITY
We will pay on behalf of the Insured those amounts, in excess of the PL Deductible and subject to the Limit of Liability
for Pmfessional Liability shown on the Declamtions, which the Insured becomes legally obligated to pay as Damages
and Claim Expenses which directly esult fmm a Professional Incident subse-
taking place within the Policy Territory,
quent to the retroactive date shown in the Declarations and prior to the expiration or termination date of this Policy, for
which a Claim is first made against the Insured during the Policy Period and reported to us in writing during the Policy
Period or any applicable Extended Reporting Period, as described in SECTION IX. EXTENDED REPORTING PERIOD.
COVERAGE B. SEXUAL ABUSE AND MOLESTATION
We will pay on behalf of the Insured those amounts, in excess of the PL Deductible and subject to the Limit of Liability
for Sexual Abuse and Molestation shown on the Declamtions, which the Insured becomes legally obligated to pay as
Damages and Claim Expenses which diSctly result from Sexual Abuse and Molestation taking place within
the Policy
Territory, subsequent to the retroactive date shown in the Declarations and prior to the expiration or termination date of
this Policy, for which a Claim is fist made against the Insured during the Policy Period and reported to us in writing
RE-
during the Policy Period or any applicable Extended Reporting Period, as described in SECTION IX. EXTENDED
PORTING PERIOD.
We shall not be liable to defend, pay, indemnify or mimbuse any Insured who is judicially determined in any context to
have committed any act of Sexual Abuse and Molestation or any Insured that admits in any context to having committed
any act of Sexual Abuse and Molestation.
SECTION II. ADDITIONAL COVERAGE INSURING AGREEMENTS
ADDITIONAL COVERAGE A. NETWORK SECURITY AND D ATA PRIVACY LIABILITY
We will pay on behalf of the Insured those amounts, in excess of the PL Deductible and subject to the Limit of Liability
for Network Security and Data Privacy Liability shown on the Declamtions, which the Insured becomes legally obligated
to pay as Damages and Claim Expenses which diSctly esult fmm a Network Security and Data Privacy Wrongful
Act taking place within the Policy Territory, subsequent to the retroactive date shown on the Declarations and prior to
the expiration or termination date of this Policy, for which a Claim is fist made against the Insured during the Policy
Period and reported to us in writing during the Policy Period or any applicable Extended Reporting Period, as described
in SECTION IX. EXTENDED REPORTING PERIOD.
ADDITIONAL COVERAGE B. FIRST PARTY PRIVACY BREACH EXPENSES
We will pay on behalf of the Insured, Privacy Breach Expenses subject to the Limit of Liability for Fiat Party Privacy
Breach Expenses shown on the Declarations, resulting directly fmm a Privacy Breach Event, pmvided that the Privacy
Breach Event fist occus on or after the retmactive date shown in the Declamtions and prior to the expiration or
termination date of this Policy, the Privacy Breach Event is fist discovered during the Policy Period, and the Privacy
Breach Event is reported to us during the Policy Period or any applicable Extended Reporting Period as described in
SECTION IX. EXTENDED REPORTING PERIOD, and no deductible shall apply.
EO 13 26 OS 16 Page 1 of 18
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ADDITIONAL COVERAGE C. MEDIA ACTIVITIES
We will pay on behalf of the Insured those amounts in excess of the PL Deductible and subject to the Limit of Liability
for Media Activities shown on the Declamtions, which the Insured becomes legally obligated to pay as Damages and
Claim Expenses which diSctly esult from Media Wrongful Acts during Media Activities taking place within the Policy
Territory, subsequent to the retroactive date shown in the Declarations and prior to the expiration or termination date of
the Policy, for which a Claim is fist made against the Insured during the Policy Period and reported to us in writing
RE-
during the Policy Period or any applicable Extended Reporting Period as described in SECTION IX. EXTENDED
PORTING PERIOD.
ADDITIONAL COVERAGE D. REGULATORY WRONGFUL ACTS
A. We will mimburse for any Costs, Charges and Expenses, Fines and Penalties
the Insured and/or Audit Expenses
incurred by the Insured esulting from an Insured Event taking place during the Policy Period and after the retro-
active date shown on the Declarations but prior to the expimtion or termination date of this Policy and which is the
subject of a Regulatory Wrongful Act which is fist Instituted during the Policy Period or any applicable Extended
Reporting Period as described in SECTION IX. EXTENDED REPORTING PERIOD. We shall have no duty to
defend the Insured for such an Insured Event, but only to mimburse for covend Costs, Charges and Expenses,
Fines and Penalties and/or Audit Expenses. The Maximum Amount Reimbursable is subject to the Limit of
Liability for Regulatory Wrongful Acts shown on the Declamtions and no deductible shall apply.
B. Regulatory Wmngful Acts Supplemental Conditions
1. All elated Insured Events, all elated proceedings or consolidated pmceedings, including any appeals and/or
post-hearing or post-trial proceedings, and all pmceedings arising out of the same facts, circumstances or events
shall be considered a single Insured Event and shall be deemed to have been Instituted at the time the earliest
Insured Event was Instituted.
2. A condition precedent to mimbursement of any covend Costs, Charges and Expenses, Audit Expenses and/or
Fines and Penalties is that the Insured shall notify us no later than sixty (60) days from the date that an Insured
Event has been Instituted.
3. The insurance afforded by this coverage part applies only if the Insured Event is Instituted after the retroactive
date shown on the Declarations.
4. Voluntary Self Disclosure: In the event any Costs, Charges and Expenses, Audit Expenses and/or Fines and
Penalties arise out of Voluntary Self Disclosure, the Insured must establish that the cinumstances giving rise to
the disclosure became known to the Insured fortuitously and subsequent to the effective date of this Policy.
5. Reimbusement for Fines and Penalties: Subject to the Maximum Amount Reimbursable, we will reimbuse
the Insured for Fines and Penalties which an the subject of final adjudication by an administative tribunal or
court, or an the subject of a settlement agreement or stipulated judgment for which we have given our prior con-
sent. The Insured shall not admit or assume any liability for Fines and Penalties, enter into any settlement
agreement or stipulate to any judgment for Fines and Penalties without our prior written consent. Only those
settlements or stipulated judgments for Fines and Penalties to which we have consented in writing shall be reim-
bursable under this Policy. We will not uneasonably withhold consent.
6. Subject to the Maximum Amount Reimbursable.
7. Shadow Audit: The Insured shall not have a Shadow Audit performed without our prior appmval of the Shadow
Audit and its expense. Subject to the Maximum Amount Reimbursable only Audit Expenses fmm previously
approved Shadow Audits will be reimbursed by this Policy. We will not unreasonably withhold their approval.
ADDITIONAL COVERAGE E. HIPAA VIOLATION
A. We will mimburse the Insured
for any Costs, Charges and Expenses and/or Fines and Penalties incurred by the
Insured resulting from a HIPAA Violation taking place during the Policy Period and after the retroactive date shown
on the Declarations but prior to the expimtion or termination date of this Policy and which is the subject of a HIPAA
which is first Instituted de-
Proceeding during the Policy Period or any applicable Extended Reporting Period as
scribed in SECTION IX. EXTENDED REPORTING PERIOD. We shall have no duty to defend the Insured for such
HIPAA Violation or HIPAA Proceeding, but only to reimbuse for covend Costs, Charges and Expenses, and/or
Fines and Penalties. The Maximum Amount Reimbursable for a HIPAA Violation is the Limit of Liability for
HIPAA shown on the Declamtions and no deductible shall apply.
EO 13 26 OS 16 Page 2 of 18
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B. HIPAA Violation Supplemental Conditions
1. All related HIPAA Violations
and/or HIPAA Proceedings, all related proceedings or consolidated proceedings,
including any appeals and/or post-hearing or post-trial proceedings, and all pmceedings arising out of the same
facts, circumstances or events shall be considend a single HIPAA Violation and shall be deemed to have been
Instituted at the time the earliest HIPAA Proceeding was Instituted.
2. A condition precedent to mimbusement of any covend Cost, Charges and Expenses and/or Fines and Penalties
is that the Insured shall notify us no later than sixty (60) days from the date that a HIPAA Proceeding has been
Instituted.
3. The insurance afforded by this covenge part applies only if the HIPAA Proceeding is Instituted after the retro-
active date shown on the Declamtions.
ADDITIONAL COVERAGE F. LICENSE DEFENSE COVERAGE
We will pay on behalf of the Insured, License Defense Costs arising solely out of any Hearing initiated and eported to
us during the Policy Period within the Policy Territory the sole subject of which is the restriction, suspension or revoca-
tion of the Insured's license to practice medicine, or license to prescribe controlled substances, or privileges to pactice at
a healthcan facility.
We shall have the right and duty to defend the Insured in any Hearing initiated during the Policy Period, including the
right to appoint counsel to defend the Insured, even if any of the allegations of the Hearing an groundless, false or
fraudulent. We may make such investigation of any Hearing as we deem expedient. Our right and duty to defend the
Insured in any Hearing ends when we have used up the applicable Limit of Liability for License Defense shown on the
Declarations and no deductible shall apply.
ADDITIONAL COVERAGE G. SUBPOENA ASSISTANCE
We will pay on behalf of the Insured, Subpoena Expenses if during the Policy Period, an Insured is served with a
subpoena issued by a third party and requests Subpoena Assistance. Such equest for Subpoena Assistance must be
accompanied by a copy of the subpoena. We may retain an attorney to pmvide Subpoena Assistance to the Insured,
provided that:
A. the subpoena arises out of a lawsuit or pmceeding to which no Insured is a party; and
B. no Insured has been engaged to provide advice or testimony in connection with the subject lawsuit or pmceeding,
nor has any Insured pmvided such advice or testimony in the past in connection with the subject lawsuit or
proceeding.
Any notice the Insured gives us regarding a subpoena shall be deemed to be notification of a potential Claim under
SECTION X. REPORTING OF CLAIMS, EVENTS AND INCIDENTS. The maximum amount we will pay on behalf
of the Insured for Subpoena Expenses is the Limit of Liability for Subpoena Assistance shown on the Declarations and
no deductible shall apply.
ADDITIONAL COVERAGE H. REPUTATION PROTECTION EXPENSE
We will mimbuse the Insured for Reputation Protection Expense incurred and eported to us by the Insured during the
Policy Period. The maximum amount we will reimbuse the Insured for Reputation Protection Expense is the Limit of
Liability for Reputation Protection shown on the Declamtions and no deductible shall apply.
ADDITIONAL COVERAGE I. EMERGENCY EVACUATION EXPENSE
We will mimburse the Insured
for Emergency Evacuation Expense incured and eported to us by the Insured during
the Policy Period. The maximum amount we will mimbuse the Insured for Emergency Evacuation Expense is the
Limit of Liability for Emergency Evacuation Expense shown on the Declarations and no deductible shall apply.
SECTION III. THE COMPANY'S RIGHTS AND DUTIES
1. We have the right and duty to defend and pay on behalf of the Insured any Claim Expenses directly resulting from
any covered Claim to which this Policy applies and will do so even if the allegations of the Claim are groundless,
false or fraudulent including the right to appoint counsel to defend the Insured. We may make such investigation of
any Claim as we deem expedient. Our right and duty to defend ends when we have used up the applicable Limit of
Liability in the payment of Damages and/or Claim Expenses or have tendeed the applicable Limit of Liability to a
court of competent jurisdiction. We have no obligation or duty to defend any Claim for which covenge is excluded
or not affordedby this Policy and we are not obligated to pay any Claim Expenses incurred by the Insured in the
defense of any Claim not covered by this Policy.
EO 13 26 OS 16 Page 3 of 18
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2. We have the right to investigate, direct the defense, negotiate and, with the consent of the Named Insured, settle any
Claim as we deem practical. If the Named Insured refuses to accept the judgment of the trial or appellate court or
refuses to consent to any settlement we can negotiate, then subject to the Policy's remaining applicable Limit of
Liability, our liability for such Claim is limited to and shall not exceed:
a. the amount for which such Claim could have been esolved and Claim Expenses incurred thmugh the date of
the Named Insured's refusal; and
b. fifty pement (50%) of any further covered Claim Expenses incured following the date of the Named Insured's
refusal, with the emaining fifty pement (50%) of such further Claim Expenses and all Damages in excess of the
amount for which the Claim could have been settled to be the sole responsibility of, and paid by the Named
Insured.
3. We have the right and duty to pay on behalf of the Insured any Privacy Breach Expenses or License Defense Costs
to whichthis insurance applies that diSctly result fmm a covered Privacy Breach Event or Hearing. Our duty ends
when we have used up the applicable Limit of Liability in the payment of Privacy Breach Expenses or License
Defense Costs or have deposited
the remaining applicable Limit of Liability with a court of competent jurisdiction.
We have no obligation or duty to respond to or cover any Privacy Breach Expenses or License Defense Costs
directly relating to, in connection with or arising fmm a Privacy Breach Event or Hearing for which coverage is
excluded or not otherwise afforded by the Policy. We an not obligated to pay any Privacy Breach Expenses or
License Defense Costs incured by the Insured prior to the Insured's eporting the Privacy Breach Event or Hear-
ing to us or which are excluded or otherwise not covend by the Policy.
4. We have the right and duty to reimbuse the Insured for any Costs, Charges and Expenses, Audit Expenses, Fines
and Penalties, Emergency Evacuation Expenses, Subpoena Expenses or Reputation Protection Expense to
which this insurance applies diSctly esulting from a HIPAA Violation, HIPAA Proceeding, Insured Event, Emer-
gency Evacuation, request for Subpoena Assistance or request for Reputation Pmtection. Our duty to reimbuse
ends when we have used up the applicable Limit of Liability in the payment of Costs, Charges and Expenses, Audit
Expenses, Fines and Penalties, Emergency Evacuation Expenses, Subpoena Expenses or Reputation Protection
Expense. We have no duty to reimbuse any Costs, Charges and Expenses, Audit Expenses, Fines and Penalties,
Emergency Evacuation Expenses, Subpoena Expenses or Reputation Protection Expense directly relating to, in
connection with or arising fmm HIPAA Violation, HIPAA Proceeding, Insured Event, Emergency Evacuation,
request for Subpoena Assistance or equestfor Reputation Protection for which coverage is excluded or not othenvise
Preview
FILED: FRANKLIN COUNTY CLERK 02/23/2023 08:44 AM INDEX NO. E2021-26 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 02/23/2023 ADMIRAL INSURANCE COMPANY MEDICAL PROFESSIONAL LIABILITY A STOCK COMPANY (CLAIMS MADE AND REPORTED) AND pierel, caneathecornpany) GENERAL LIABLITY (CLAIMS MADE) DECLARATIONS Policy No.: C0000002667-04 Renewal/Rewrite of: CO000002667-03 Named Insured andMailing Address BEACH MEDICAL SERVICES PLLC DBA OPTIONS FOR THE NORTHEAST IN ESTHETICS 79 HAMMOND LANE, SUITE 11 PLA TTSIlURGIT, NY 12901 POLICY PERIOD: Frm 10/23/20l8 to 10/23/2019 At 1201 A M. StandardTice attheaddressofthe NamedInsuredasstred herein In considention of the payment of premiurn, in reliance upon the statements helem 01·attached hereto and subject to all of the terms of this policy, the Company agrees with the Named Insured as follows: BUSINESS DESCRIPTION: Daily spa including outpatient aesthetic service3 - no surgeny. COVERAGE PARTS & LIMITS OF LIABILITY: Professional Liability Each Claim $1,000,000 Aggregate $3.000,000 Included in Policy Aggregate Sexual Abuse and Molestation Each claim $1,000.000 Aggregate $1,000,000 ... . . .. .. ... . .. .. . Comme1cial General Liability Each Occurrence $1,000,000 . General Aggjegate $3,000,000 Included i rdlicy Aggregiate Products-Completed Opentions Aggregate EXCLUDED Personal & Advertising Injury $1,000,000 Damage to Premises Rented to You $100,000 Medical Payments (per Person) $5,000 Additional Coverage Limits of Liability Each Claim/Event Aggregate (Included in Policy Aggregate) Network Security & Data Privacy Liability $1,000,000 $1,000,000 First Party Privacy BreachExpenses $100,000 $100,000 Media Activities $23,000 $23,000 Regulatory Wrongful Acts $25,000 $25,000 HIP AA $250,000 $250,000 License Defense $5,000 $25,000 PeerReview $5,000 $25,000 S bpoena Assistance $5,000 $5,000 Reirnbursement of Lost Wages $500 $5,000 Reputation Protection $5,000 $5,000 Emergency Evacuation Expense $25,000 $25,000 PatientProperty Damage $500 S500 Claim Expenses Aggregate Limit $1,000,000 Policy Aggregate $3,000,000 DE23281016 Page 1 of 2 This is to certify that Excess Line Association of New York received and reviewed the 11/02/2018 attached insurance document in accordance with Article 21 of the New York State ld:2069939954 Insurance Law THE INSURER(S) NAMED HEREIN IS (ARE) NOT LICENSED BY THE STATE OF NEW YORK, EXCESSLINE ASSOCIATION NOT SUBJECT TO ITS SUPERVISION, AND IN THE EVENT OF THE INSOLVENCY OF THE OF NEW YORK INSURER(S), NOT PROTECTED BY THE NEW YORK STATE SECURITY FUNDS. THE POLICY MAY NOT BE SUBJECT TO ALL OF THE REGULATIONS OF THE DEPARTMENT OF FINANCIAL SERVICES PERTAINING TO POLICY FORMS. FILED: FRANKLIN COUNTY CLERK 02/23/2023 08:44 AM INDEX NO. E2021-26 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 02/23/2023 PL Deductible $5,000 Per Claim Including Expenses GL Deductible $5,000 Each Claim - Expenses Including PL Retroactive Date 10/23/2015 GL Retroactive Date 10/23/2015 REDACTED Forms attached at inception: See Schedule of Forms AI 00 18 03 98 This policy is not binding unless countersigned by Admiral Insurance Company or its authorized representative. Countersigned On: 10/30/2018 At: MountLaurel, NJ By - - Authorized Repe cr alive DE23281016 Page 2 of 2 FILED: FRANKLIN COUNTY CLERK 02/23/2023 08:44 AM INDEX NO. E2021-26 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 02/23/2023 AMM M Policyholder Message Named Insured: BEACH MEDICAL Policy Number: C0000002667-04 SERVICES PLLC DBA OPTIONS FOR THE NORTHEAST IN ESTHETICS Dear Policyholder: Headquarters' Our Corporate and Northeast Regional Branch Office mailing address is: Admiral Insurance Company (A Berkley Company) Mt. Laurel Corporate Park 1000 Howard Blvd., Suite 300, P.O. Box 5430 Mt. Laurel, NJ 08054 Our telephone number: General: 429 - 9200 (856) If you need to report a claim please direct it: I. By regular or overnight mail to; Admiral Insurance Company (A Berkley Company) Mt. Laurel Corporate Park 1000 Howard Blvd., Suite 300 P.O. Box 5430 Mt. Laurel, NJ 08054 Attention: New Claim Clearly state it is a "NEW CLAIM". II. By Email to; admclaims@admiralins.com Do not email claims to ANY claims individual. III. By FAX to; Fax #: (856) 429-3630 Attention: New Claim Clearly state it is a "NEW CLAIM". a W. R. BerfrleyCompany FM30 1102 15 5. Page 1 of 1 FILED: FRANKLIN COUNTY CLERK 02/23/2023 08:44 AM INDEX NO. E2021-26 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 02/23/2023 ADMIRAL INSURANCE COMPANY A Stock Company COMMERCIAL LINES POLICY THIS POLICY IS NOT OBTAINED PRIMARILY FOR PERSONAL, FAMILY ORHOUSEHOLD PURPOSES. THIS POLICY CONSISTS OF: - DECLARATIONS - COMMON POLICY CONDITIONS - ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF: -ONE OR MORE COVERAGE FORMS - APPLICABLE FORMS AND ENDORSEMENTS In Witness Whereof, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by our authorized representative. Secretary President an EÉ 1000 Howard Blvd., Suite 300, P.O. Box 5430 Mt Laurel, NJ 08054 Telephone (856) 429-9200 Facsimile (856) 429-8611 JA1001 (03/13) R Both Cmpany FILED: FRANKLIN COUNTY CLERK 02/23/2023 08:44 AM INDEX NO. E2021-26 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 02/23/2023 Policy Number: C0000002667-04 M SO 00 09 17 Effective Date: 10/23/2018 ABMIRAL """ Named Insured: BEACH MEDICAL SERVICES PLLC DBA OPTIONS FOR THE NORTHEAST IN ESTHETICS IMPORTANT - POLICYHOLDER NOTICES NOTICE Except to such extent as may otherwise be provided here in, the coverage of this policy is limited generally to liability for only those claims that are first made against the insured and reported to us while the policy is in force. Please review the policy carefully and discuss the coverage thereunder with your insurance agent or broker. THE INSURER(S) NAMED HERIN IS (ARE) NOT LICENSED BY THE STATE OF NEW YORK, NOT SUBJECT TO ITS SUPERVISION, AND IN THE EVENT OF THE INSOLVENCY OF THE INSURER(S), NOT PR(yfECTED BY THE NEW YORK STATE SECURITY FUNDS.THE POLICY MAY NOT BE SUBJECT TO ALL OF THE REGULATIONS OF THE DEPARTMENT OF FINANCIAL SERVICES PERTAINING TO POLICY FORMS. M SO 00 09 17 Page 1 of 1 FILED: FRANKLIN COUNTY CLERK 02/23/2023 08:44 AM INDEX NO. E2021-26 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 02/23/2023 PL Deductible $5,000 Per Claim Including Expenses GL Deductible $5,000 Each Claim - Expenses Including PL Retroactive Date 10/23/2015 GL Retroactive Date 10/23/2015 Premium Forms attached at inception: See Schedule of Forms AI 00 18 03 98 This policy is not binding unless countersigned by Admiral Insurance Company or its authorized representative. Countersigned On: 10/30/2018 At: Mount Laurel, NJ By _.....- Authorized RegFefen alive a W R. Berkky Company DE23281016 Page 2 of 2 FILED: FRANKLIN COUNTY CLERK 02/23/2023 08:44 AM INDEX NO. E2021-26 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 02/23/2023 SCHEDULE OF FORMS Named Insured: BEACH MEDICAL SERVICES PLLC Policy No.: CO000002667-04 DBA OPTIONS FOR THE NORTHEAST IN ESTHETICS FORM NUMBER TITLE JA10010313 COVER JACKET - ADMIRAL INSURANCE COMPANY DE23281016 ADMIRALPRO DELTA MED PROFESSIONAL LIABILITY AND GENERAL LIABILITY DECLARATIONS PAGE AI00180398 SCHEDULE OF FORMS EO13260816 ADMIRALPRO DELTA MED MISCELLANEOUS MEDICAL PROFESSIONAL LIABILITY INSURANCE EO13270816 DESIGNATED LOCATION ENDORSEMENT EO13280816 DEFINITION OF INSURED-INDEPENDENT CONTRACTORS EO13380816 ANTI-STACKING OF LIMITS OF LIABILITY EO13390816 PROFESSIONAL LIABILITY TERRORISM EXCLUSION (ABSOLUTE) EO13410816 EXTENDED REPORTING PERIODS-PL EO13420817 EXTENDED REPORTING PERIODS-GL EO13430816 TOTAL POLICY AGGREGATE LIMIT ENDORSEMENT CG00020413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG21041185 EXCLUSION - PRODUCTS/COMPLETED OPERATIONS HAZARD CG21060514 EXCLUSION-ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY - WITH LIMITED BODILY INJURY EXCEPTION CG21460798 ABUSE OR MOLESTATION EXCLUSION AI 00 18 03 98 Page 1 of 3 FILED: FRANKLIN COUNTY CLERK 02/23/2023 08:44 AM INDEX NO. E2021-26 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 02/23/2023 CG21490999 TOTAL POLLUTION EXCLUSION ENDORSEMENT CG21750115 EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES CG22440413 EXCLUSION - SERVICES FURNISHED BY HEALTH CARE PROVIDERS CG24260413 AMENDMENT OF INSURED CONTRACT DEFINITION IL00171198 COMMON POLICY CONDITIONS IL00210702 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT AD06620204 EMPLOYEE BENEFITS LIABILITY COVERAGE CLAIMS MADE COVERAGE AD07431211 KNOWN EVENT INCIDENT INJURY OR DAMAGE EXCLUSION AD66090295 MINIMUM PREMIUM AND MINIMUM RETAINED PREMIUM AMENDATORYENDORSEMENT AD66230295 AIDS EXCLUSION AD68830413 LONG TERM EXPOSURE EXCLUSIONS JOINT FORM AD68891213 SPECIAL JOINT FORM CLAIMS MADE AD68901011 WRONGFUL RECORDING OF PERSONAL IDENTIFICATION INFORMATION EXCLUSION AD66690905 SUPPLEMENTARY PAYMENTS INCLUDED WITHIN THE LIMIT OF LIABILITY AI08760203 INJURY TO WORKERS EXCLUSION - JOINT FORM AI44020818 SERVICE OF SUIT MK01200916 LOSS CONTROL AND RISK MANAGEMENT SERVICES FOR HEALTHCARE PROFESSIONAL LIABILITY POLICYHOLDERS MK01210916 DATA BREACH SERVICES FOR HEALTHCARE PROFESSIONAL LIABILITY POLICYHOLDERS AI 00 18 03 98 Page 2 of 3 FILED: FRANKLIN COUNTY CLERK 02/23/2023 08:44 AM INDEX NO. E2021-26 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 02/23/2023 AI00180398 Page3of3 0 FILED: FRANKLIN COUNTY CLERK 02/23/2023 08:44 AM INDEX NO. E2021-26 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 02/23/2023 TA® ADMIRALPRO DEL MED MISCELLANEOUS MEDICAL PROFESSIONAL LIABILITY INSURANCE THIS IS A CLAIMS-MADE AND REPORTED POLICY. PLEASE READ THIS POLICY CAREFULLY. THE AMOUNT OF THE APPLICABLE LIMIT OF LIABILITY WILL BE REDUCED BY THE AMOUNTS PAID FOR D AMAGES. Throughout this Policy the words you and your refer to the Named Insured. The words Company, we, us and our refer to Admiral Insurance Company. Words which an in bold writing thmughout this document are defined terms within the Defini- tions section of this Policy. This Policy shall not be binding upon the Company unless completed by a Declarations Page and countenigned on the aforesaid Declamtions Page by a duly authorized Spesentative of the Company. In considention of the premium paid, in eliance upon the statements in the Application and subject to the terms and conditions of this Policy (including all endonements), the Company agnes with the Named Insured as follows: SECTION I. INSURING AGREEMENTS COVERAGE A. PROFESSIONAL LIABILITY We will pay on behalf of the Insured those amounts, in excess of the PL Deductible and subject to the Limit of Liability for Pmfessional Liability shown on the Declamtions, which the Insured becomes legally obligated to pay as Damages and Claim Expenses which directly esult fmm a Professional Incident subse- taking place within the Policy Territory, quent to the retroactive date shown in the Declarations and prior to the expiration or termination date of this Policy, for which a Claim is first made against the Insured during the Policy Period and reported to us in writing during the Policy Period or any applicable Extended Reporting Period, as described in SECTION IX. EXTENDED REPORTING PERIOD. COVERAGE B. SEXUAL ABUSE AND MOLESTATION We will pay on behalf of the Insured those amounts, in excess of the PL Deductible and subject to the Limit of Liability for Sexual Abuse and Molestation shown on the Declamtions, which the Insured becomes legally obligated to pay as Damages and Claim Expenses which diSctly result from Sexual Abuse and Molestation taking place within the Policy Territory, subsequent to the retroactive date shown in the Declarations and prior to the expiration or termination date of this Policy, for which a Claim is fist made against the Insured during the Policy Period and reported to us in writing RE- during the Policy Period or any applicable Extended Reporting Period, as described in SECTION IX. EXTENDED PORTING PERIOD. We shall not be liable to defend, pay, indemnify or mimbuse any Insured who is judicially determined in any context to have committed any act of Sexual Abuse and Molestation or any Insured that admits in any context to having committed any act of Sexual Abuse and Molestation. SECTION II. ADDITIONAL COVERAGE INSURING AGREEMENTS ADDITIONAL COVERAGE A. NETWORK SECURITY AND D ATA PRIVACY LIABILITY We will pay on behalf of the Insured those amounts, in excess of the PL Deductible and subject to the Limit of Liability for Network Security and Data Privacy Liability shown on the Declamtions, which the Insured becomes legally obligated to pay as Damages and Claim Expenses which diSctly esult fmm a Network Security and Data Privacy Wrongful Act taking place within the Policy Territory, subsequent to the retroactive date shown on the Declarations and prior to the expiration or termination date of this Policy, for which a Claim is fist made against the Insured during the Policy Period and reported to us in writing during the Policy Period or any applicable Extended Reporting Period, as described in SECTION IX. EXTENDED REPORTING PERIOD. ADDITIONAL COVERAGE B. FIRST PARTY PRIVACY BREACH EXPENSES We will pay on behalf of the Insured, Privacy Breach Expenses subject to the Limit of Liability for Fiat Party Privacy Breach Expenses shown on the Declarations, resulting directly fmm a Privacy Breach Event, pmvided that the Privacy Breach Event fist occus on or after the retmactive date shown in the Declamtions and prior to the expiration or termination date of this Policy, the Privacy Breach Event is fist discovered during the Policy Period, and the Privacy Breach Event is reported to us during the Policy Period or any applicable Extended Reporting Period as described in SECTION IX. EXTENDED REPORTING PERIOD, and no deductible shall apply. EO 13 26 OS 16 Page 1 of 18 FILED: FRANKLIN COUNTY CLERK 02/23/2023 08:44 AM INDEX NO. E2021-26 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 02/23/2023 ADDITIONAL COVERAGE C. MEDIA ACTIVITIES We will pay on behalf of the Insured those amounts in excess of the PL Deductible and subject to the Limit of Liability for Media Activities shown on the Declamtions, which the Insured becomes legally obligated to pay as Damages and Claim Expenses which diSctly esult from Media Wrongful Acts during Media Activities taking place within the Policy Territory, subsequent to the retroactive date shown in the Declarations and prior to the expiration or termination date of the Policy, for which a Claim is fist made against the Insured during the Policy Period and reported to us in writing RE- during the Policy Period or any applicable Extended Reporting Period as described in SECTION IX. EXTENDED PORTING PERIOD. ADDITIONAL COVERAGE D. REGULATORY WRONGFUL ACTS A. We will mimburse for any Costs, Charges and Expenses, Fines and Penalties the Insured and/or Audit Expenses incurred by the Insured esulting from an Insured Event taking place during the Policy Period and after the retro- active date shown on the Declarations but prior to the expimtion or termination date of this Policy and which is the subject of a Regulatory Wrongful Act which is fist Instituted during the Policy Period or any applicable Extended Reporting Period as described in SECTION IX. EXTENDED REPORTING PERIOD. We shall have no duty to defend the Insured for such an Insured Event, but only to mimburse for covend Costs, Charges and Expenses, Fines and Penalties and/or Audit Expenses. The Maximum Amount Reimbursable is subject to the Limit of Liability for Regulatory Wrongful Acts shown on the Declamtions and no deductible shall apply. B. Regulatory Wmngful Acts Supplemental Conditions 1. All elated Insured Events, all elated proceedings or consolidated pmceedings, including any appeals and/or post-hearing or post-trial proceedings, and all pmceedings arising out of the same facts, circumstances or events shall be considered a single Insured Event and shall be deemed to have been Instituted at the time the earliest Insured Event was Instituted. 2. A condition precedent to mimbursement of any covend Costs, Charges and Expenses, Audit Expenses and/or Fines and Penalties is that the Insured shall notify us no later than sixty (60) days from the date that an Insured Event has been Instituted. 3. The insurance afforded by this coverage part applies only if the Insured Event is Instituted after the retroactive date shown on the Declarations. 4. Voluntary Self Disclosure: In the event any Costs, Charges and Expenses, Audit Expenses and/or Fines and Penalties arise out of Voluntary Self Disclosure, the Insured must establish that the cinumstances giving rise to the disclosure became known to the Insured fortuitously and subsequent to the effective date of this Policy. 5. Reimbusement for Fines and Penalties: Subject to the Maximum Amount Reimbursable, we will reimbuse the Insured for Fines and Penalties which an the subject of final adjudication by an administative tribunal or court, or an the subject of a settlement agreement or stipulated judgment for which we have given our prior con- sent. The Insured shall not admit or assume any liability for Fines and Penalties, enter into any settlement agreement or stipulate to any judgment for Fines and Penalties without our prior written consent. Only those settlements or stipulated judgments for Fines and Penalties to which we have consented in writing shall be reim- bursable under this Policy. We will not uneasonably withhold consent. 6. Subject to the Maximum Amount Reimbursable. 7. Shadow Audit: The Insured shall not have a Shadow Audit performed without our prior appmval of the Shadow Audit and its expense. Subject to the Maximum Amount Reimbursable only Audit Expenses fmm previously approved Shadow Audits will be reimbursed by this Policy. We will not unreasonably withhold their approval. ADDITIONAL COVERAGE E. HIPAA VIOLATION A. We will mimburse the Insured for any Costs, Charges and Expenses and/or Fines and Penalties incurred by the Insured resulting from a HIPAA Violation taking place during the Policy Period and after the retroactive date shown on the Declarations but prior to the expimtion or termination date of this Policy and which is the subject of a HIPAA which is first Instituted de- Proceeding during the Policy Period or any applicable Extended Reporting Period as scribed in SECTION IX. EXTENDED REPORTING PERIOD. We shall have no duty to defend the Insured for such HIPAA Violation or HIPAA Proceeding, but only to reimbuse for covend Costs, Charges and Expenses, and/or Fines and Penalties. The Maximum Amount Reimbursable for a HIPAA Violation is the Limit of Liability for HIPAA shown on the Declamtions and no deductible shall apply. EO 13 26 OS 16 Page 2 of 18 FILED: FRANKLIN COUNTY CLERK 02/23/2023 08:44 AM INDEX NO. E2021-26 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 02/23/2023 B. HIPAA Violation Supplemental Conditions 1. All related HIPAA Violations and/or HIPAA Proceedings, all related proceedings or consolidated proceedings, including any appeals and/or post-hearing or post-trial proceedings, and all pmceedings arising out of the same facts, circumstances or events shall be considend a single HIPAA Violation and shall be deemed to have been Instituted at the time the earliest HIPAA Proceeding was Instituted. 2. A condition precedent to mimbusement of any covend Cost, Charges and Expenses and/or Fines and Penalties is that the Insured shall notify us no later than sixty (60) days from the date that a HIPAA Proceeding has been Instituted. 3. The insurance afforded by this covenge part applies only if the HIPAA Proceeding is Instituted after the retro- active date shown on the Declamtions. ADDITIONAL COVERAGE F. LICENSE DEFENSE COVERAGE We will pay on behalf of the Insured, License Defense Costs arising solely out of any Hearing initiated and eported to us during the Policy Period within the Policy Territory the sole subject of which is the restriction, suspension or revoca- tion of the Insured's license to practice medicine, or license to prescribe controlled substances, or privileges to pactice at a healthcan facility. We shall have the right and duty to defend the Insured in any Hearing initiated during the Policy Period, including the right to appoint counsel to defend the Insured, even if any of the allegations of the Hearing an groundless, false or fraudulent. We may make such investigation of any Hearing as we deem expedient. Our right and duty to defend the Insured in any Hearing ends when we have used up the applicable Limit of Liability for License Defense shown on the Declarations and no deductible shall apply. ADDITIONAL COVERAGE G. SUBPOENA ASSISTANCE We will pay on behalf of the Insured, Subpoena Expenses if during the Policy Period, an Insured is served with a subpoena issued by a third party and requests Subpoena Assistance. Such equest for Subpoena Assistance must be accompanied by a copy of the subpoena. We may retain an attorney to pmvide Subpoena Assistance to the Insured, provided that: A. the subpoena arises out of a lawsuit or pmceeding to which no Insured is a party; and B. no Insured has been engaged to provide advice or testimony in connection with the subject lawsuit or pmceeding, nor has any Insured pmvided such advice or testimony in the past in connection with the subject lawsuit or proceeding. Any notice the Insured gives us regarding a subpoena shall be deemed to be notification of a potential Claim under SECTION X. REPORTING OF CLAIMS, EVENTS AND INCIDENTS. The maximum amount we will pay on behalf of the Insured for Subpoena Expenses is the Limit of Liability for Subpoena Assistance shown on the Declarations and no deductible shall apply. ADDITIONAL COVERAGE H. REPUTATION PROTECTION EXPENSE We will mimbuse the Insured for Reputation Protection Expense incurred and eported to us by the Insured during the Policy Period. The maximum amount we will reimbuse the Insured for Reputation Protection Expense is the Limit of Liability for Reputation Protection shown on the Declamtions and no deductible shall apply. ADDITIONAL COVERAGE I. EMERGENCY EVACUATION EXPENSE We will mimburse the Insured for Emergency Evacuation Expense incured and eported to us by the Insured during the Policy Period. The maximum amount we will mimbuse the Insured for Emergency Evacuation Expense is the Limit of Liability for Emergency Evacuation Expense shown on the Declarations and no deductible shall apply. SECTION III. THE COMPANY'S RIGHTS AND DUTIES 1. We have the right and duty to defend and pay on behalf of the Insured any Claim Expenses directly resulting from any covered Claim to which this Policy applies and will do so even if the allegations of the Claim are groundless, false or fraudulent including the right to appoint counsel to defend the Insured. We may make such investigation of any Claim as we deem expedient. Our right and duty to defend ends when we have used up the applicable Limit of Liability in the payment of Damages and/or Claim Expenses or have tendeed the applicable Limit of Liability to a court of competent jurisdiction. We have no obligation or duty to defend any Claim for which covenge is excluded or not affordedby this Policy and we are not obligated to pay any Claim Expenses incurred by the Insured in the defense of any Claim not covered by this Policy. EO 13 26 OS 16 Page 3 of 18 FILED: FRANKLIN COUNTY CLERK 02/23/2023 08:44 AM INDEX NO. E2021-26 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 02/23/2023 2. We have the right to investigate, direct the defense, negotiate and, with the consent of the Named Insured, settle any Claim as we deem practical. If the Named Insured refuses to accept the judgment of the trial or appellate court or refuses to consent to any settlement we can negotiate, then subject to the Policy's remaining applicable Limit of Liability, our liability for such Claim is limited to and shall not exceed: a. the amount for which such Claim could have been esolved and Claim Expenses incurred thmugh the date of the Named Insured's refusal; and b. fifty pement (50%) of any further covered Claim Expenses incured following the date of the Named Insured's refusal, with the emaining fifty pement (50%) of such further Claim Expenses and all Damages in excess of the amount for which the Claim could have been settled to be the sole responsibility of, and paid by the Named Insured. 3. We have the right and duty to pay on behalf of the Insured any Privacy Breach Expenses or License Defense Costs to whichthis insurance applies that diSctly result fmm a covered Privacy Breach Event or Hearing. Our duty ends when we have used up the applicable Limit of Liability in the payment of Privacy Breach Expenses or License Defense Costs or have deposited the remaining applicable Limit of Liability with a court of competent jurisdiction. We have no obligation or duty to respond to or cover any Privacy Breach Expenses or License Defense Costs directly relating to, in connection with or arising fmm a Privacy Breach Event or Hearing for which coverage is excluded or not otherwise afforded by the Policy. We an not obligated to pay any Privacy Breach Expenses or License Defense Costs incured by the Insured prior to the Insured's eporting the Privacy Breach Event or Hear- ing to us or which are excluded or otherwise not covend by the Policy. 4. We have the right and duty to reimbuse the Insured for any Costs, Charges and Expenses, Audit Expenses, Fines and Penalties, Emergency Evacuation Expenses, Subpoena Expenses or Reputation Protection Expense to which this insurance applies diSctly esulting from a HIPAA Violation, HIPAA Proceeding, Insured Event, Emer- gency Evacuation, request for Subpoena Assistance or request for Reputation Pmtection. Our duty to reimbuse ends when we have used up the applicable Limit of Liability in the payment of Costs, Charges and Expenses, Audit Expenses, Fines and Penalties, Emergency Evacuation Expenses, Subpoena Expenses or Reputation Protection Expense. We have no duty to reimbuse any Costs, Charges and Expenses, Audit Expenses, Fines and Penalties, Emergency Evacuation Expenses, Subpoena Expenses or Reputation Protection Expense directly relating to, in connection with or arising fmm HIPAA Violation, HIPAA Proceeding, Insured Event, Emergency Evacuation, request for Subpoena Assistance or equestfor Reputation Protection for which coverage is excluded or not othenvise