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 and limitations:
- 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. Notwithstanding
anything to the contrary, all education invitee participants and their affiliated entities and affiliated
individuals are expressly and fully EXCLUDED from this Sexual Misconduct Limited Coverage as of
July 1, 2023, and going forward.
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 (except for education invitees and their affiliated
entities and affiliated individuals, who are excluded as of July 1, 2023, and going
forward as set forth above).
- 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
- Diocesan Entities with any questions should contact the Insurance Office regarding
sexual misconduct coverage.