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1. Any claim or request for Supplementary Payments based upon, arising out of, directly or indirectly resulting from
<br />or in consequence of, or in any way involving any of the following:
<br />a. Any malicious or intentional act or abuse of process;
<br />b. Any dishonest or fraudulent act;
<br />C. Any willful or criminal violation of any law, statute or regulation; or,
<br />d. Any libel or slander committed with knowledge of its falsity.
<br />However, we will defend and pay claim expenses or disciplinary proceeding expenses for such allegations
<br />only if the claim or disciplinary proceeding is otherwise covered by this Policy, and until there is a final
<br />adjudication, judgment, order or ruling by a court or administrative body, or binding arbitration decision or
<br />conviction against an Insured, or a written document, legal admission or statement by an Insured establishing
<br />such conduct set forth in this exclusion, or a plea of nolo contendere or no contest regarding such conduct set
<br />forth in this exclusion. Once such conduct set forth in this exclusion is established as described above, we have
<br />the right to withdraw from the defense of the claim or disciplinary proceeding, the Insured shall reimburse
<br />us for all claim expenses or disciplinary proceeding we incurred defending the conduct set forth in this
<br />exclusion, and we will have no further liability for claim expenses or disciplinary proceeding or damages.
<br />You agree to accept the tender of the defense when we withdraw.
<br />Whenever coverage under this provision would be excluded, suspended or lost because of such conduct set forth
<br />in this exclusion by any Insured, we agree that such coverage, as would otherwise be afforded under this Policy,
<br />shall be applicable with respect to an Insured who did not personally participate, or personally acquiesce in or
<br />remain passive after having personal knowledge of such conduct.
<br />2. Any claim or request for Supplementary Payments based upon, arising out of, directly or indirectly resulting from
<br />or in consequence of, or in any way involving any of the following:
<br />a. Any Insured's services or capacity as an officer, director, partner, trustee, manager, owner, or employee
<br />of a corporation, partnership, association, trust or fund, including a pension, welfare, profit sharing, mutual
<br />or investment fund or trust, or any other business enterprise or charitable organization of any kind other
<br />than the Named Insured, except for your services as a court appointed trustee or as an officer, director
<br />or member of any non-profit professional legal association, its governing board, or any of its committees;
<br />b. Any Insured's services or capacity as a public official or employee of a governmental body, subdivision or
<br />agency, except however for a claim or disciplinary proceeding brought by a governmental agency,
<br />body or subdivision as a client of the Named Insured that is based upon or arises solely from the
<br />performance of legal services by an Insured to the governmental agency, body or subdivision, but only
<br />if such services are performed as a member of or on behalf of the Named Insured;
<br />C. Any Insured's actual or alleged liability under any oral or written contract or agreement, unless such
<br />liability would have attached to the Insured by law in the absence of such contract or agreement;
<br />d. Legal services provided by an individual or entity with whom the Insured shares office space, staff,
<br />letterhead, facilities or equipment, who is not an Insured under this Policy;
<br />e. Any Insured's actual or alleged violation of the responsibilities, obligations or duties imposed by the
<br />Employee Retirement Income Security Act of 1974, or the Pension Protection Act of 2006, including any
<br />amendments, or any rules, regulations or orders issued pursuant to the above -listed acts, or any similar
<br />provisions of any state, federal, or local statutory law or common law anywhere in the world;
<br />f. Any loss sustained by an Insured, or claim or disciplinary proceeding made by or against an Insured,
<br />as beneficiary or distributee of any trust or estate;
<br />g. Any bodily injury, pain and suffering, sickness, disease or death of any person, or for the destruction,
<br />diminution in value or loss of any property or asset, accounts, or of software, data or other information in
<br />electronic form, except that the exclusion shall not apply to mental anguish or emotional distress based
<br />upon or arising from personal injury;
<br />h. Any Insured's conversion, misappropriation, embezzlement, commingling, defalcation or ethically
<br />improper use of or disposal of funds or other property, whether held on behalf of clients or third parties;
<br />ATY-0001-00-0116 Page 9 of 16 © 2016 Attorney Protective. All rights reserved.
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