Notice of Conditional Renewal

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Modifications

General Terms and Conditions

Subpoena Assistance Costs, Proceeding Expenses, Patient First Aid Medical Expenses, and Assault now contain additional reporting requirements, including time frames
For Patient First Aid Medical Expenses and Assault, emotional distress now must result from physical injury
Abuse and Molestation, Criminal Acts or Conduct, and Dishonest, Fraudulent or Malicious Acts exclusions broadened
Employer’s Liability exclusion broadened

Billing or Collection, Cyber Event, False Claims Act, Medicare or Medicaid, Residential Care, RICO, Securities, Services to Animals exclusions added
Books and records inspection updated from 3 to 5 years
Notice of an Incident now contains additional reporting requirements
Liberalization provision removed
Separation of Insureds provision removed
When there is potential coverage under more than one policy issued by us or an affiliated company, the highest limit is applied
For Claims-made policies, Extended Reporting Period (“ERP”) now contains separate timeframes for reporting claims made during the policy period and claims made during the extended reporting period
For Claims-made policies, Retirement ERP no longer available if retirement is due to suspension or surrender of professional license at request of regulatory authority

Professional Liability Coverage Part

Licensure Defense Expenses Supplementary Benefit now includes travel, food, and lodging

Licensure Noncompliance exclusion now has exception for waiver of license requirement or emergency health declaration
For Claims-made policies, now Claims-made and reported coverage with updated timeframe for reporting claims

Patient First Aid Medical Expenses contains updated reporting timeframe
Licensure Defense Expenses Supplementary Benefit now contains additional reporting requirements and does not apply to appeals from initial determinations
Abuse and Molestation exclusion now provides $1,000,000 sublimited defense costs
Updated definition of claim requires written demand and claim now must be brought by natural person (or family member or the like)
Covered damages exclude non-monetary, injunctive or declaratory relief; taxes; forfeitures; punitive, and exemplary amounts; certain amounts for which an insured is absolved from payment; and liquidated damages
Antitrust, Auto, Discrimination, Unsolicited Communications, and War exclusions added
For Claims-made and reported policies, Prior Knowledge condition now applies where reasonable person would have expected a claim
Contractual Liability exclusion broadened
Managed Care Services exclusion added with exception for professional services provided to enrollees of healthcare plans (utilization management services are not managed care services)
Employee Benefits, ERISA, Manufactured Products/Goods, and Personal and Advertising Injury exclusions added to direct potential coverage to the applicable Coverage Parts

General Liability Coverage Part

Bodily injury now includes emotional distress only where it results from physical injury
Non-Patient Medical Expenses Payments Coverage contains updated timelines
Updated definition of claim requires written demand and claim now must be brought by natural person (or family member or the like)
Claim does not include governmental or representative matters
Updated definition of damages excludes non-monetary, injunctive or declaratory relief; taxes, fines, penalties, sanctions or forfeitures; punitive, exemplary and multiplied amounts; certain amounts for which an insured is absolved from payment; return or write-off of fees costs or expenses paid, incurred, or charged by an insured; and liquidated damages
Pre- and post-judgment interest included in updated definition of damages and now erode the limits
Director or Officer Liability, Discrimination, Insured Against Insured, Lead, and Intellectual Property exclusions added
Employee Benefits Program/ERISA/Professional Services and Wrongful Employment Practices exclusions added to direct potential coverage to the applicable Coverage Parts

Modifications (applicable to coverage below)

Abuse and Molestation, Asbestos/Silica, Antitrust, Director or Officer Liability, Billing or Collection, Cyber Event, False Claims Act, Family Member or Resident, Medicare or Medicaid, Residential Care, Professional Services, RICO, Securities, and Services to Animals exclusions added
For Claims Made and Reported coverages, prior notice and/or knowledge conditions added and automatic and purchased Extended Reporting Periods (ERPs) not available if policy is cancelled because of non-compliance or if replacement coverage is obtained
Covered damages do not include non-monetary relief; sanctions/forfeitures; punitive, exemplary, or multiplied amounts; certain amounts an insured is absolved from paying; return/write-off of certain amounts paid/incurred/charged by an insured; or certain liquidated damages
Liberalization provision removed, separation of insureds provision removed, and books and records inspection updated from 3 to 5 years
When there is potential coverage under more than one policy issued by us or an affiliated company, the highest limit is applied

Employment Practices Liability (EPLI) Coverage Part (if applicable)

Expanded coverage for employment-related acts and omissions
Written demand for non-monetary relief and proceedings by the EEOC and Office of Federal Contract Compliance Programs now included in what constitutes a claim
Now no defense coverage for breach of express employment contract unless it is a written contract
Insured no longer includes newly acquired organizations
Damages do not include taxes, fines, or penalties
Criminal Acts or Conduct, Dishonest, Fraudulent or Malicious Acts, Unsolicited Communications, War, Employer’s Liability, Nuclear Energy, Nuclear Waste, Pollution, Prohibited Reuse, Bodily Injury, Employee Benefits Program, Property Damage, Professional Services, Personal and Advertising Injury, Third Party Discrimination or Harassment, OSHA, and NLRA exclusions added
Now excess with respect to other EPL coverage issued by us or affiliates
ERP now contains separate timeframes for reporting claims made during the policy period and claims made during the ERP
Death/Disability/Retirement ERP no longer available for this coverage

Employment Practices Liability – Defense Costs Only Coverage Part (if applicable)

Insured’s defense costs co-payment removed
Now contains 60-day grace period following policy expiration for reporting claims
Expanded coverage for employment-related acts and omissions
This coverage now primary with respect to EPL coverage issued by others
Now no defense coverage for breach of employment contract unless it is a written contract
Updated definition of claim requires written demand
Employee now includes seasonal and temporary workers, interns, and certain leased workers
Employer’s Liability, Nuclear Energy, Nuclear Waste, Pollution, Prohibited Reuse, Unsolicited Communications, War, Contractual Liability, Reduction in Force, Third Party Discrimination or Harassment, exclusions added
Bodily Injury, Employee Benefits Program, Property Damage, and Personal and Advertising Injury exclusions added to direct potential coverage to the applicable Coverage Parts
ERP now contains separate timeframes for reporting claims made during the policy period and claims made during the ERP and Automatic ERP added
Death/Disability/Retirement ERP no longer available for this coverage

ERISA Fiduciary Coverage Part (if applicable)

Now claims made and reported coverage with updated timeframe for reporting claims
Claim now deemed made when received by the insured, and notice of incident now must be provided during the policy period in which the insured became aware of such incident
Prior knowledge condition added
Updated definition of claim requires written demand
Covered damages now do not include non-monetary relief; sanctions/forfeitures; punitive, exemplary, or multiplied amounts; certain amounts an insured is absolved from paying; return/write-off of certain amounts paid/incurred/charged by an insured; or liquidated damages
Insured now also includes plan, committee, employee, employee of a plan, natural person trustee, and foreign entity if established to act as trustee of a plan but does not include an organization the insured newly acquires or forms

Employer’s Liability, Pollution, Prohibited Reuse, Unsolicited Communications, War, Administration of Employee Benefits Program, Professional Services, Personal and Advertising Injury, Wrongful Employment Practice, Employee Benefit Termination, Failure to Perform a Contract, Inadequacy of Performance of Investment/Advice Given with Respect to Participation, and Insufficiency of Funds exclusions added
Automatic ERP added
Purchased ERP no longer available where policy is canceled for non-payment of premium or because renewal/replacement policy has later retro date or is not claims made coverage; also supplemental limit of insurance no longer available
Death/Disability/ Retirement ERP no longer available for this coverage

Employee Benefits Liability Coverage Part (if applicable)

Insured now also includes executive officers but not newly acquired organizations
Updated definition of claim requires written demand
Employer’s Liability exclusion broadened
Now excess only “other insurance’ provision