Free Amended Complaint - District Court of Delaware - Delaware

Case 1:05-cv-00513-MPT Document 18-5 Filed 07/21/2005 Page 1 of 2
“¤¤SiPaul
• work done within the scope of their by an employee or volunteer worker, other
employment by you; or than an employed or volunteer doctor; or
¤ their performance of duties related to the • premises damage.
conduct of your business.
. Nor will we a l this Employees and
PP Y _ _
And your volunteer workers are protected . volunteer workers sectton to the following
g persons only for activities or work they protected persons:
T`: °°"d“°i Or p"'f°‘”'“; • Your managers l`f'you are a limited
S ¤ at your direction; and liability company. instead, we'll apply the
LE Q Wnhm me Scope Ol, men dunss for you- Limited liability company section to them.
...__ • Your executive officers if you are a
5-_` However, no employee or volunteer worker COVPOVBUONIOV an Other 0VQ€*Vl'Za*_lO’i-
.'_~§ is it protected person for bodily injury or |f`l$l€Hd. well QDDIY the COrp0l’Bti0l'l Ot
`gg personal injury to; Other Organization section to them.
E · YOU: Em io ee includes a leased worker, other
. P
:*-.::.1 9 any of W/OUT p3!'{l`I€I'5 or co-venturers if than a jgased temporary V¤JOj·kEj·_
*3. you are a partnership or joint venture;
_7;_'¤ » any of your members or managers if you Leased worker means any person who:
*-a, · . . . . _
arg 3 hmmgd |'Bb'm"' Company' • is hired from an employee leasing firm
-_: • any fellow employee; under a contract or agreement between the
• any fellow volunteer worker or any of h"'B' and mm mm? and
2; your employees; or • is performing duties related to the conduct
it ¤ the spouse or any child, parent, brother, or Of me hwy S busmgss
2 sister of that employee or volunteer
j_‘_*· worker if such injury results from the Volurifeer worker means any person other
Q bodily injury or personal injury to the lhani
if fellow employee or volunteer worker. e an Gmpjot/EG; or
Nor is any employee or volunteer worker a ° B leased wmpmary Woman
_ "f= protected person for: . .
· -£ , _ _ Employee leasing firm means any person or
j' E ° B"`! °b"9a“°" m SM'9 damages we Ol organization who hires out workers to
M _: repay someone else who must pay. Otnnrsh jj rnnjndns any;
j E damages because of such bodily injury or _ _
, E nnrsnnnj jnjun/j nr • employment agency, contractor, or service,
E ¤ bodily injury or personal injury that results ° Iabm leasmg mm? °"
E from his or her performance of or failure • temporary help service.
ji to perform health care professional
i { $—"”‘·"°€S- Leased fem ora worker means a leased
l "¤4 p· ·
1 Y worker who is hired to:
Also. no employee or volunteer worter is a .
protected person for property damage to ° ginmqgriréizsajiegasg?Opjlacg Of H pmmanem
property that's controlled by: P Y ’
‘ YOU. • meet seasonal or short-term workload
‘ conditions.
¤ any of your partners or co-venturers if
you are a partnership or joint venture; Onnymjjnd by means,
° any °f_`/°?”" "",Em_bF"S °' managmsr if YOU • owned, rented, leased, occupied, borrowed,
are a limited liability company; Or used by.
I
° tial ei¤¤*¤vr¤ Ot ¤¤v f¤il¤- ¤t¤¤l<>v·¤¤r Ot · in tie care, custody, or mimi ar; or
¤ that volunteer worker, any fellow volunteer , bnjng pnysjcajjy cnnnnjjed fn, any
worker, or any of your employees. nnrnnsn n,/_
BM Wg WDM appw me °"°l“‘°’l°"S in this Health care professional services includes;
Employees and volunteer workers section to: _ _
. . . • any dental, medical. mental. nursing,
¤ bodily injury that results from the Surgjcaj Wray Or Omen mann cme
providing of or failure to provide first aid ' ’
Page 6 of 22
oSt.Paul Fire and Marine insurance Co.l996 All Rights Reserved

Case 1:05-cv-00513-MPT Document 18-5 Filed 07/21/2005 Page 2 of 2
“"*STE’auE Z
E> an officer position created by the charter, worker who as hired t0:
censrixurien, er by—Iews, or any other similar , tampmamy take mg plug Of E permanent y
gevermng decumenz, ef a corporation or Bmprm/BE On lsavé; Or y
Other Orgamizaticn, ·
• meet seasonai or sherbterm workload
Empl0*,rB8s. Vcur employees are protected Ccndmcna __
rscns l for: " . . ,
pe On Y I _ _ Health care prcfessronaf SSFVICSS zncludes:
¤ work done wnzmn the scope cf their d _ s ,
Empmymgm by YOU; Or • any, ental. medical, menta, nursmg,
_ _ surgzcal, :<~ray, or other health care
¤ thenr performance of' dunes related to the professional Service, including any advical
Icmduct °‘° YOU' b“5·""°'55— instruction, food, or beverage provided
with such service;
2 wever, no employee is a protected person . . .
z' r bcdily injury O; pgrggngf mjmy may ° :jhBt€;;5DE¤S;;‘¢g ¤fé:lrugel_or1me'd•eaC; or
r =u|ts from their performance of or failure an Supp E5 an app *8 °BS* an
r perform health care professional services. ¤ the handling or treatment cf corpses.
E 1 we w0n't apply this exclusion te bodily including autopsies, organ donations. and
i my that results from the providing of or other postmortem procedures.
ieniure to provide first aid by an employee,
r-mer than an €n‘¤¤|<>v€¤ dvcwr- Real estate managers. Your ree! estate
managers are protected persons only for
N0 employee is e protected person for their management of premises that you cwnr
property damage to property that's owned, cr rent, lease, cr borrow from others. They
renzed, leased, or borrowed by that may be persons 0r organizations.
ernmeyee or fellow employee.
But we w0n‘t apply this Real estate
We wom apply this Employees section tc managers section to your employees.
the following protected persons: Instead, we'H apply the Employees section
<= Your managers if you are za limited *0 mEm·
liability company. instead, we'H apply the _ _ _
Limited liability company section to them- Operators uf regnsyzzred mub1ic·equ1pm{2nt. All
rr ~ Vw ¤><¤¤¤¤V¤ ¤f*‘*¤Er5 if YOU me 8 §F’S[?£?§S ;;r;;€1‘§t$g?dthrg§bgEv?r?;Iggnimzharg
;F corporation or an other erganizatacn. B ui"mBm On G umm Street Or mad with
Y Instead, we‘H apply the Corporation or gufp Ermissmnp
r other organization section to them. Y p `
. Any person er organization legally
_'np']DVfE mgiudes 3 leased :'°rkEr* Omar responsible for the driving conduct of those
'Bn B EBSQ [‘°’mp°mrY Wm Bn operators is also a protected person. But
only if there's no other insurance available
—*?ES€`d Wvrker mgms BW PEVSOH Wm: to cover their Iiabiiiay for the operators.
r· is hired from an employee leasing firm
under a contract or agreement between the However, no operator or any other person or
nirer and that firm; and organization is a protected person for:
·» is performing duties related to the conduct ¤ bodily injury :0 a fellow employee of the
ef the hirer's business. person driving the equipment; cr
_ I • property damage to property controlled by
EWPYQVEB /6’8$`m§ {VV"? ***95% BTW PBTSOH O' you or the employer of an operator who
OfQHI'l|ZBI}O!`\ who YHTES DUI WOTKBTS to {5 3 prgtgggggj pg]-gOn_
others. it includes any:
¤ employment agency, contractor, or service; Hcgiséered mcbifc equ/pmenf means mobile
_ (EDM leasing mm; Or equipment that's registered in your name
_ under any motor vehicle registration law.
• temporary help service.
Control/ed by means:
47550 Rev. 3-95 Printed in USA insuring Agreement Page 7 of 20
©St.Paut Fire and Marine Insurance C0.I996 All Rights Reserved