Indigent Defense Services Agreement

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(1) to ass ist you regard in g the production of docu ments and the prepa rati on of your sworn testimon y ; and, (2) t o attend and represent you at your deposition. b. However, in order for coverage to apply under this provis ion, you ; (1) must not be a party to the aetion out of which the subpoena ar ises; (2) must have not been reta ined to provide an opin ion, advice or testimony in conneetion with such action; (3) must report the subpoena to us no later t han three (3) business days from rece ipt of serv ice, or if not poss ible, as soon as practicab le, and in no event later than t he day prior to the subpoena response due date; and, (4) must provide us with any information and documents we reasonably request. We will pay claim expenses incurred as the re sult of work performed by the attorney hired pursuant to this section. 7. Supplementary Payments The most we will pay for all Supplementary Payments payable under th is Sect ion is $150,000 per policy period, regardless of the number of Supplementary Payments so ug ht or number of cla i mants or insureds involved. Payments made pursuant to this provision of the Po licy are not part of and do not erode the Lim its of Liabil ity set forth in the Declarations and are not subj ect to the Deductible. Supplementary Payments will be made only for the follow ing ; a. Loss of Earnings If we request in writing that you attend a trial, hearing or arbitration proceeding in connection with the defense of a claim , we will reimburse you up to $500 per day for your actual lost earnings and expenses for such attendance for each day or part of a day you attend. The most we w ill pay under this subsection is $10 ,000 per claim defended by us, and $50,000 in the aggregate for all claims defended by us during the policy period . You must seek payment of any loss of earnings in writing and subm it proof of your lost earnings or expenses in a form acceptable to us within ninety (90) days of such attendance. b. Defense of Disciplinary Proceedings We w ill provide for the defense of any disciplinary proceeding brought against you during the policy period and reported to us within thirty (30) days of the disciplinary proceeding be ing brought. Under this provision, we will pay reasonable disciplinary proceeding expenses up to a max imum of $25,000 per disciplinary proceeding and $100,000 in the aggregate per policy period regardless of the number of Insureds involved in disciplinary proceedings , or the number of disciplinary proceedings brought against you during the policy period . You shall not incur any disciplinary proceeding expenses without our prior written consent. We shall not be liab le for any settlement or disciplinary proceeding expenses or assumed ob ligations or admissions for wh ich we have not given our prior written consent. When we have pa id the max imum amount of disciplinary proceeding expenses provided under this provision, our obligation to pay any disciplinary proceeding expenses , or to undertake o r continue the defense of any disciplinary proceeding , ends. Upon such payment, we have the right to withdraw from the further defense of the disciplinary proceeding by tender ing the defense of the disciplinary proceeding to you. You agree t o accept the tender of the defense when we withdraw. c. Crisis Event Expenses We will reimburse you up to $25,000 for all crisis event expenses you incur as a result of any and all crisis events that first occur during the policy period , and which are reported to us during the policy period or within sixty (60) days thereafter. Under this subsection, the most we will pay is $25,000 in the aggregate for all crisis event expenses in curred as the result of a crisis event occurring during the policy period, regardless of the number of crisis events, claimants or insureds involved. Under no circumstance wi ll we have a duty to defend any Insured under this provis ion. Our obligation to reimburse you for crisis event expenses is expressly made contingent upon you submitting your requ est for reimbursement along with proof of your loss in a form acceptable to us w ithin sixty (60) days of when the expense or payment was incurred. ATY -0001-00-0116 Page 7 of 16 © 2016 Attorney Protective. All rights reserved .