Comprehensive General Liability
The Diocesan Master Insurance Program provides a single limit
of liability insurance on an occurrence basis in the amount of $1,500,000 for
both bodily injury liability and property (of others) damage
liability. The Diocesan Master Insurance Program will pay on behalf of the insured all sums
which the insured shall become obligated to pay as damages by
reason of liability imposed by law or assumed under written contract.
The Diocesan Master Insurance Program shall defend the insured in any suit brought
forth against it even if the allegations of the suit are false
Coverage applies to all properties owned by the insured and
to all operations in which the insured either does now or shall
engage in. Beyond the standard insurance coverage provided by
most insurance contracts, the master policy provides the following
- Liability for personal injury arising out of libel,
slander, false arrest, false imprisonment, detention, wrongful
eviction, violation of right of privacy, and malicious prosecution;
- Blanket contractual liability covering liabilities
assumed in written or oral contracts;
- All employees, volunteers, and unincorporated
volunteer organizations are insured; (NOTE: Independent contractors
are not employees of the insured and are not covered
under the liability coverage of the Diocesan Master Insurance
- Teacher professional liability, while acting within
the scope and duties of their employment;
- Employee benefits liability insurance to cover
errors or omissions in giving advice related to group life and
health insurance benefits, profit sharing and pension plans,
stock subscription plans, workers' compensation and unemployment
insurance, and social security coverage;
- Worldwide coverage;
- Host liquor liability;
- Coverage for non-owned watercraft under 51 ft.
in length ;
- Product liability, including the service of food,
is provided for all insured's activities;
- Occurrence form;
- Limits of liability apply per location;
- Advertising liability;
- Employer's liability/Stop gap liability;
- Broad form notice of occurrence;
- Athletic participation liability;
Professional Liability Insurance (Claims Made Basis)
The Diocesan Master Insurance Program provides $1,500,000 combined single limit liability coverage for all sums which the insured may become legally obligated to pay as damages for claims made during the policy period due to injury to which this insurance applies caused by a medical incident or arising out of counseling. Coverage is provided for physicians while acting in their capacity as medical directors in insured nursing homes.
Not covered under the terms and conditions of the professional liability insurance section are the following:
- Lawyers – with the exception of Staff Attorneys
- Medical Doctors
Excess Liability Insurance
The Diocesan Master Insurance Program provides an additional limit of liability
insurance of $85,000,000, ($10,000,000 for Elder Care
facilities) over the primary general liability, professional
liability, and automobile liability insurance coverages.
The Excess limits are combined for all coverages and Insureds
and are inclusive of Defense Costs.
Directors and Officers Liability, Including Employment Practices
(Claims Made Basis)
Officers, directors, or trustees of a corporation or institution
occupy a fiduciary relationship with the corporation or institution
and, as such, are liable for their actions while acting in that
capacity. Directors and officers liability insurance provides
protection for corporate and institutional officers in the event
that claims are brought against them because of wrongful acts,
allegedly wrongful acts, or omissions made while acting in their
capacity as directors and officers. Wrongful Acts means "any actual or alleged
tortious error, act, omission, misstatement, misleading statement, neglect or
breaches of duty committed by an Insured, including Employment Practices Violations,
misfeasance, malfeasance, or nonfeasance in the discharge of duties, individually
or collectively that results directly but unexpectedly and unintentionally in
damages to others".
The Diocesan Master Insurance Program shall reimburse the insureds for sums which
the insureds are legally obligated to pay for a claim made against
them for wrongful acts and shall include, but not be limited
to, damages, judgments, settlements, and costs. Furthermore,
the Diocesan Master Insurance Program shall pay for all costs of investigation and defense
of legal actions, claims, or proceedings and appeals there from.
The Wrongful Act and Miscellaneous Professional Liability Coverage Part
limit and retroactive dates under the Diocesan Master Insurance Program are as follows:
|Wrongful Act Liability Coverage Part
||Portion of Limit
||$5,000,000 excess of $1,500,000
||$5,000,000 excess of above
||$4,000,000 excess of above
|Misc. Professional Liability Coverage Part
||Portion of Limit
||For Legal Services as described in RL 1000 MPCM
||$4,000,000 excess of $10,000,000 excess of $1,500,000
Total Wrongful Act Limit is $55,000,000 in the Diocesan Master Insurance Program in 2021.
The Diocesan Master Insurance Program shall defend Insured persons in suits alleging
Wrongful Acts. Defense counsel shall be assigned by the Diocesan
Property/Casualty Insurance Claims Office.
It is essential that all entities report the names of any controlled
corporations or foundations to the Diocesan Property/Casualty
Insurance Claims Office.
Employment Practices claims are subject to a deductible of $2,500. each loss, applicable to indemnity payments and / or defense costs.
Sexual Misconduct Limited Coverage (Claims Made Basis)
We agree to indemnify and defend (with the right to choose defense counsel ours)
the participating entities for Sexual Misconduct Claims first made against a participating entity
during the benefit period, subject to and conditioned upon the following special conditions
- This agreement provides Sexual Misconduct coverage only to the Catholic Diocese of
Cleveland, Ohio; the entities on file with the Diocesan Master Insurance Program or their subsidiaries
(“invitees”); and any corporation, firm, or other legal entity named, controlled, or represented
by the Diocese of Cleveland, Ohio, or by its Bishop, and subsidiaries of those entities.
THIS COVERAGE DOES NOT PROTECT OR PROVIDE A DUTY TO DEFEND, REIMBURSE DEFENSE COSTS, OR INDEMNIFY
ANY INDIVIDUAL ALLEGED TO HAVE ENGAGED IN ANY SEXUAL MISCONDUCT.
- The benefit limit for this coverage provides payment for actual damages, legal fees, and
all other loss adjustment and defense costs. The entity must give notice of such actual,
attempted, or alleged Sexual Misconduct to us within thirty (30) days of first receipt of such
knowledge or this coverage agreement will not apply.
- Benefit Limit:
- The benefit limit for this Sexual Misconduct coverage for each participating entity
(including for each invitee’s affiliates, as indicated below) is a total maximum of $500,000
per Claim and $500,000 in the total maximum aggregate for all Sexual Misconduct Claims properly
reported during the annual benefit period. For the avoidance of doubt, each participating
entity that is an invitee shares these limits with its affiliated entities and its affiliated
individuals such that they do not each have their own separate limits.
- The benefit for this coverage shall erode beginning with the first dollar of defense
costs related to the Sexual Misconduct Claim. All defense costs shall be within and not in
addition to the benefit limits.
- The benefit for this coverage shall be considered secondary to any insurance policy in
force that covers Sexual Misconduct. For the avoidance of doubt, that means that this coverage
shall NOT apply excess to any applicable insurance policy that covers Sexual Misconduct and
shall NOT be in addition to nor increase the limits of such insurance policy, but shall only
provide coverage for deductibles or retentions associated with such insurance up to a maximum
of the benefit limits set forth in paragraph 1 above. If no applicable insurance policy that
covers Sexual Misconduct exists, then the benefit for this coverage shall be fully available
up to the benefit limits set forth above. The benefit limits set forth in paragraph 1 above
are subject to and limited by this paragraph 3.
- "Claim(s)" wherever used herein, shall mean any information that may give
rise to damages covered under this form, including suit(s) brought in connection wherewith,
which the entity becomes aware of and provides written notice of the same to the Diocesan
Property/Casualty Insurance Claims Office.
- "Sexual Misconduct" wherever used herein, shall mean: (a) with respect
to a person who is a minor or who is legally incompetent: sexual abuse or sexual molestation,
including but not limited to, any sexual conduct or sexual contact, whether or not there is
apparent consent of the alleged victim; (b) with respect to an individual with whom an Insured
has a counseling relationship: sexual exploitation, including but not limited to, the
development of, or the attempt to develop, a sexual relationship whether or not there is
apparent consent of the alleged victim; or (c) with respect to any other person: sexual abuse
or sexual molestation including but not limited to, any unwanted sexual conduct or sexual contact.
- "Sexual Misconduct Claim(s)" wherever used herein, shall mean any Claim
alleging Sexual Misconduct. Continuous or multiple related alleged incidents of Sexual Misconduct,
regardless of the number of claimants or alleged victims, shall be deemed a single Sexual
Misconduct Claim, with the term “related” including but not limited to all acts of Sexual
Misconduct by a single alleged wrongdoer or by alleged collaborating wrongdoers.