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1. Any claim or req ues t for Supplementary Pa ym ents based upo n, arisin g out of, direct ly or in d ire ctl y res ultin g from
<br />or in consequence of, or in any way involvi ng any of t he follow ing :
<br />a. Any mal icious or intentional act or abuse of process;
<br />b. Any dishonest or fraudulent act;
<br />c. Any will fu l or crimina l v io lation of any law, statute or regulation ; or ,
<br />d. Any libel or slander comm itted with kn owledge of its falsity .
<br />However, we will defend and pay claim expenses or disciplinary proceeding expenses for such all ega ti ons
<br />only if the claim or disciplinary proceeding is otherw ise covered by t hi s Pol icy , and until there is a fina l
<br />adjud ication, judgment, order or rul ing by a court or admin istrative body , or bind in g arb itration dec ision or
<br />conviction aga inst an Insured , or a written document, lega l admiss ion or statement by an Insured estab li sh ing
<br />such conduct set forth in th is exclus ion, or a plea of no/o contendere or no contest regard ing such conduct set
<br />forth in this exclus ion. Once such conduct set forth In t his exclus ion is establ ished 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 />exclus ion, and we wil l have no f urther liability for claim expenses or disciplinary proceeding or damages .
<br />You agree to accept t he tender of t he defense when we withdraw.
<br />Whenever coverage unde r th is provision would be excluded, suspended or lost because of such conduct set forth
<br />in th is exclusion by any Insured , we agree that such coverage, as would otherwise be afforded under th is Pol icy ,
<br />shall be app li cable with respect to an Insured who did not perso nal ly participate, or personal ly acqu iesce in or
<br />rema in passive alter havi ng personal know ledge of such conduct.
<br />2. Any claim or request for Supple mentary Payments based upon, arising out of, d irectly or indirectly result ing from
<br />or in consequence of, or in any way involv ing any of the follow ing:
<br />a. Any Insured 's serv ices or capac ity as an officer, director, partner, trustee, manager, owner, or employee
<br />of a corporation, partnersh i p, association, tru st or fund, includ ing a pension, we lfare, profit sharing, mutua l
<br />or investment fund or trust, or any other business enterprise or charitable orga ni zation of any ki nd other
<br />than t he Named Insured, except for your services as a court appointed trustee or as an officer, director
<br />or member of any non-profi t profess ional lega l assoc iation, its governing board, or any of its comm ittees ;
<br />b. Any Insured 's serv ices or capac ity as a publ ic official or employee of a governmental body , subd ivision or
<br />agency, except however for a claim or disciplinary proceeding brought by a governmenta l agency,
<br />body or subd ivision as a cli ent of the Named Insured that is based upon or arises so lely from the
<br />performance of legal services by an Insured to the governmental agency , body or subd ivision, but only
<br />if such services are performed as a member of or on beha lf of the Named Insured;
<br />c. Any Insured's actual or alleged liabil ity 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 ag reement;
<br />d. Legal services provided by an ind ividual or en ti ty with whom the Insured sha res office space, staff,
<br />letterhead, facilit ies or equ i pment, who is not an Insured under th is Po li cy;
<br />e. Any Insured's actual or all eged violation of t he responsibi l ities, obligations or duties imposed by the
<br />Employee Ret irement Income Security Act of 1974, or the Pens ion Protection Act of 2006, including any
<br />amendments , or any ru les, reg ul ations or orders issued pursuant to the above-listed acts, or any similar
<br />prov isions of any state, federal , or local statutory law or common law anywhere in the world;
<br />f. Any loss susta ined by an Insured, or claim or disciplinary proceeding made by or aga inst 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 soltware, data or other information i n
<br />electronic form, except that the exclus ion sha ll not app ly to menta l angu ish or emotiona l distress based
<br />upon or arising from personal injury ;
<br />h. Any Insured 's convers ion, misappropriation, embezz lement, commingling, defa lcation or ethically
<br />improper use of or disposal of funds or other property, whether he ld 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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