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B. Based upon or arising out of the Insured gaining in fact any personal profit or advantage to which such
Insured was not legally entitled.
C. Based upon, arising out of, or in any way involving any actual or alleged
1. Bodily injury, including sickness, injury, disease or death of any person; provided, however, this
exclusion shall not apply to emotional distress or mental anguish solely based upon or arising out of
the Insured’s rendering of or failure to render Professional Services; or
2. Damage to or destruction of any property by any Insured or any individual or entity for whom the
Insured is responsible, including loss of use thereof.
D. Based upon, arising out of, or in any way involving any actual or alleged infringement of any intellectual
property rights of another. However, this exclusion will not apply to infringement of copyright, trade
name, trade dress or service mark, or misappropriation of advertising ideas committed in the course of
advertising by the Insured.
E. Based upon, arising out of, or in any way involving any Insured’s actions, activities, responsibilities or
duties as a Third Party Claims Administrator of any plan, whether insured or self-insured, except to the
extent to which coverage is specifically provided elsewhere in this Policy.
F. Based upon, arising out of, or in any way involving any sums the Insured is obligated to pay by reason
of the assumption of liability in a contract or agreement. This exclusion does not apply to liability:
1. That the Insured would have in the absence of the contract or agreement; or
2. Assumed in a written contract or agreement which is fully executed prior to the time of any actual or
alleged Wrongful Act for which the Claim in question is made, and provided that the coverage for
the Claim otherwise applies under this Policy. Solely for the purposes of liability assumed in a
written contract or agreement, reasonable attorney fees and necessary litigation expenses incurred
by or for a party other than the Insured are deemed to be Damages (and not Claim Expenses),
provided:
a. Liability to such party for, or for the cost of, that party’s defense has also been assumed under
the written contract or agreement in question; and
b. Such attorney fees and litigation expenses are for defense of that party against a Claim or Suit
seeking Damages to which this insurance applies.
G. Based upon, arising out of, or in any way involving any actual or alleged warranty, promise, guarantee
or representation as to the value or yield of any Covered Products or as to non-guaranteed interest
rates or future premium payments.
H. Based upon, arising out of, or in any way involving any Insured’s actual or alleged employment- related
practices, acts or omissions, whether in violation of contract or statutory or common law, including
without limitation: the refusal to employ; wrongful termination of employment; discrimination or
harassment of any kind; breach of employment contract; wrongful demotion, evaluation, reassignment
or discipline; defamation, slander or libel; invasion of privacy; infliction of emotional distress; retaliation;
malicious prosecution or abuse of process; or the payment of, or failure to pay wages.
I. Based upon, arising out of, or in any way involving any services performed by the Insured, whether or
not the Insured is licensed as such, as
1. A tax preparer or advisor (except for tax advice provided directly concerning a Covered Product),
accountant, architect, engineer, actuary, attorney, real estate agent or broker, or title insurance
agent;
2. A financial planner, except as to services directly connected to a Covered Product;