Case 1:04-cv-00725-RPM
Document 41-3
Filed 07/01/2005
Page 1 of 35
INSURANCE ROYAL
EXECUTIVE OFFICE OFFICES 9300
ARROWPOINT CHARLOTTE NC
BLVD 28217
DIRECTOR DIRECTORS COMPANY
AND
OFFICER OFFICERS
LIABILITY
AND
REIMBURSEMENT
COVERAGE
NOTICE
THI THIS IS CLAIM CLAIMS MADE INDEMNITY POLICY WHICH APPLIES APPLIE ONLY TO CLAIMS FIRST MADE AND REPORTED TO CLAIM ROYAL DURING THE POLICY PERIOD AGAINST THE INSURED
PERSON PERSONS
FOR
WRONGFUL
ACT
NOTICE
THE FOR FOR THE
LIMIT
OF LIABILITY IS DEPLETED DEFENSE FEES AND EXPENSES FEE
DEFENSE EXPENSES EXPENSE RETENTION AMOUNT
SHALL
INCURRED AMOUNTS AMOUNT INCURRED BE APPLIED FIRST AGAINST
BY AMOUNTS AMOUNT
NOTICE
INSURER INSURED
HAS NO DUTY TO PROVIDE PERSON OR THE INSURED
DEFENSE FOR ANY ORGANIZATION
PLEASE
READ
CAREFULLY
CLAIM NOTICE
PLEASENOTIFY ROYAL PECIALTY S
OFALTCLAIMS
UNDERWRITJNG INC
ROYAL PECIALTY S UNDERWRITING INC
945 EAST PACESFERRY OAD PACE R SUITE 1890
ATLANTA 30326 GA
RSUIFPRI0000
ED
493
ATTENTIONCLAIMS DEPARTMENT CLAIM
QWEST0000
Case 1:04-cv-00725-RPM
IN
Document 41-3
Filed 07/01/2005
Page 2 of 35
OF TRIE PAYMENT OF PREMIUM AND IN RELIANCE UPON ALL STATEMENTS STATEMENT MADE AND INFORMATION FURNISHED TO THE ROYAL INDEMNITY COMPANY STOCK INSURANCE COMPANY HEREINAFTER CALLED THE INSURER INCLUDINGTHE STATEMENTS STATEMENT MADE IN THE APPLICATION ATTACHED HERETO AND MADE PARTHEREOF AND SUBJECTTOTHE TERMS CONDITIONS DEFINITIONS EXCLUSIONS AND TERM CONDITION DEFINITION EXCLUSION LIMITATION LIMITATIONS HEREINAFTER PROVIDED THE INSURER AGREES AGREE
CONSIDERATION
SECTION
1
INSURING
CLAUSE
INSURED
PERSON
OR
MEAN MEANS
WITH THE INSURED PERSONS OFTHE INSURED PERSON
IF
ORGANIZATIONTHAT
CLAIM CLAIMS
ARE
DIRECTOR
OFFICER AND
IN
ANY PAST PRESENT OR FUTURE THE EVENT OF THE DEATH
THE PERIOD DURING POLICY
ANY CLAIM PERSON PERSONS CONDITION
OR
FIRST
MADE
AGAINST THE INSURED
AND REPORTED IN OF THIS THI
OR OF INCAPACITY BANKRUPTCY AN INSURED PERSON THE ESTATE HEIR HEIRS LEGAL REPRESENTATIVEOR ASSIGN REPRESENTATIVES ASSIGNSOF SUCH INDIVIDUAL
ACCORDANCE WITH SECTION 4
OR FOR JOINTLY SEVERALLY
POLICY
LOS LOSS
MEAN MEANS
ANY AMOUNT
FOR SETTLEMENT DAMAGESOR DAMAGE
WRONGFUL ACT
THE INSURER WILL
PERSON LOS PAY ON BEHALF OF SUCH INSURED PERSONS ALLLOSS WHICH SUCH INSURED PERSONS SHALL BECOME PERSON LEGALLY OBLIGATED
TO PAY
WITH THE INSURED
THAT ORGANIZATION
OR
IF
THE POLICY DURING
PERIOD ANY
4 CONDITION
CLAIM
CLAIM CLAIMS
ARE
FIRSTMADE
AGAINSTTHE
INSURED PERSONS AND PERSON
IN REPORTEDACCORDANCE WITH SECTION OF THIS POLICY THI FOR OR JOINTLY SEVERALLY
WRONGFUL THE INSURERWILLPAY ON BEHALF OFTHE INSURED ACT ALLLOSS ORGANIZATION LOS FORWHICH THE INSURED ORGANIZATION IS REQUIRED PERMITTED INDEMNIFY OR TO THE INSURED PERSONS PERSON
TO PURSUANT LAW COMMON
OR OR STATUTORY THE CHARTER OR
D EXCES JUDGMENT INCLUDINGEFENSE EXPENSESIN EXCESS OFTHE EXPENSE RETENTION AND NOT EXCEEDINGTHE LIMIT OF APPLICABLE DECLARATION AS LIABILITY LISTED ON THE DECLARATIONS PAGE WHICH AN RESULT OF INSURED PERSON IS LEGALLY TO OBLIGATED PAY AS CLAIM LOS DOE LOSS DOES NOT INCLUDE SANCTIONS PUNITIVE SANCTION OR OF EXEMPLARYDAMAGES THE MULTIPLIEDPORTION ANY DAMAGE MATTER MULTIPLIED DAMAGEAWARD MATTERS WHICH ARE UNINSURABLE UNDER THE LAW PURSUANT TO WHICH THIS POLICY THI SHALL BE CONSTRUED FINES TAXES OR PENALTIES FINE TAXE
TO THE
OR
POLICYPERIOD MEANS MEAN DATE EXPIRATION
BYLAW OFTHE BYLAWS INDEMNIFY
SECTION 2
INSURED
ORGANIZATION EFFECTIVEUNDER DULY
AND DEFINES SUCH RIGHTS DEFINE RIGHT TO
SUCH LAWS WHICH DETERMINES LAW DETERMINE
TO ANY EARLIER EXTENSION OF COVERAGE UNDER SECTION 4 CONDITION WILL PERIOD BE PART OF AND NOT IN ADDITION TO THE POLICY
FROM THE INCEPTION DATE PERIOD OF THE DECLARATIONS PAGE DECLARATION CANCELLATION OR TERMINATION DATE ANY THE IN ITEM
SUBSIDIARY DEFINITION DEFINITIONS
MEAN MEANS
MEAN MEANS MORE
OWN OWNS ORGANIZATION
OF CORPORATION WHICH THE INSURED THAN FIFTY OF THE PERCENT50
VOTING STOCK WRONGFUL ACT MEAN MEANS ANY ACTUAL OR ALLEGED ERROR OMISSION MISSTATEMENT MISLEADING STATEMENT NEGLECT
OR
ATTACHED TO AND APPLICATION THI MATERIAL FORMING PART OF THIS POLICY INCLUDING ANY MATERIALS SUBMITTED AS PARTOFTHE APPLICATION PROCES PROCESS WHICH ARE
APPLICATION
THE
ON
FILE WITH THE INSURER AND WHICH FORM PART THE POLICY OF ATTACHED PHYSICALLY
MEAN MEANS OR
BREACH OF DUTY
BY AN
INSURED PERSON
IN SOLELY
THEIR
WHETHER CLAIM
NOT
CAPACITY AS AN INSURED PERSON ACTING ON BEHALF OF THE INSURED ORGANIZATION SECTION 3 EXCWSION EXCWSIONS
FOR MONEY OR THAT ANY PERSON OR ENTITYINTEND INTENDS TO HOLD ANY INSURED PERSON RESPONSIBLE FOR WRONGFUL ACT
OR
WRITTEN
ORAL DEMAND
SERVICE SERVICES RECEIVED BY AN
INSURED PERSON
DEFENSE
MEAN REASONABLE LEGAL FEE FEES AND EXPENSE EXPENSES MEANS WITH THE WRITTEN CONSENT OF THE EXPENSES INCURRED EXPENSE INSURED PERSON IN DEFENSE OF CLAIM IN INSURERBY AN CLUDINGPPEAL EXCEPTTHAT DEFENSE EXPENSES SHALL NOT A EXPENSE INCLUDE REMUNERATIONOVERHEAD OR BENEFIT EXPENSES EXPENSE
LOS IS EXCEPT FOR LOSS FOR WHICH THE INSURED ORGANIZATION TO INDEMNIFY THE INSURED PERSONS OR FORWHICH REQUIRED PERSON THE INSURED ORGANIZATIONAS TO THE EXTENT PERMITTED H BY LAW INDEMNIFIED THE INSURED PERSONS THE INSURERSHALL PERSON
NOT BE LIABLE TO MAKE
WITH ANY CLAIM BASED
LOS ANY PAYMENT FORLOSS IN CONNECTION MADE AGAINST THE INSURED PERSONS PERSON
ASSOCIATED WITH ANY INSURED
AND PERSON
INCURRED IN DEFENSE OF ANY CLAIM WHICH ANY OTHER INSURER HAS TO DUTY DEFEND REGARDLESS REGARDLES OF WHETHER
OR
AMOUNT ANY AMOUNTS INCLUDINGAPPEAL FOR
UPON OR ATTRIBUTABLE TO ANY INSURED PERSON OR GAININGIN FACT OF ANY PERSONAL PROFIT ADVANTAGE TO WHICH SUCH INSURED PERSON WAS NOT LEGALLY ENTITLED FORRETURN BY THE INSURED PERSONS OF ANY REMUNERATION PERSON
NOT SUCH OTHER INSURER UNDERTAKES SUCH UNDERTAKE
OR
DUTY AND ANY OBLIGATION TO APPLY FOR PROCURE PROVIDESECURITYFOR ANY APPELLATEOR SIMILAR BOND
INSURED
IN ITEM TO PRIOR
ON
PAID
TO THE INSURED
PERSON PERSONS WITHOUT THE PREVIOUS PREVIOU OF THE INSURED
APPROVAL OF THE APPROVALSHALL BE OF LAW
BASED UPON
BODIE BODIES GOVERNING
HELD
ORGANIZATION MEANS MEAN
OF THE DECLARATIONS AND DECLARATION
OR
THE ORGANIZATION NAMED
ORGANIZATION WHICH PAYMENT WITHOUT SUCH PREVIOUS PREVIOU
COURT BY THE COURTS TO BE
IN VIOLATION
ANY SUBSIDIARYEXISTING AT THE INCEPTION DATE OF THIS POLICY THI ANDIISTED INSURED ENDORSEMENT ATTACHED TO THIS THI
THE
NAMED
ARISING OUT OF OR ATTRIBUTABLE
OR
TO
PROFIT PROFITS
POLICY IN ADDITION INSURED ORGANIZATION SHALLMEAN ANY SUBSIDIARY CREATED OR ACQUIREDAFTER THE INCEPTION DATE OF THE POLICYSUBJECT TO SECTION 4 CONDITION MERGER
CONSOLIDATION
OR
IN FACT MADE FROM THE PURCHASE AND SALE
SALE AND
ACQUISITION
SECURITIE PURCHASEBY THE INSURED PERSONS OF SECURITIES OF THE PERSON INSURED ORGANIZATIONWITHIN THE MEANING OF SECTION SECURITIE AND 16B OF THE SECURITIES EXCHANGE ACT OF 1934
QWEST00002
AMENDMENT AMENDMENTS STATE
Case 1:04-cv-00725-RPM Document 41-3 THERETOOR SIMILAR PROVISIONSOF PROVISION ANY
STATUTORY LAW
OR OR
Filed 07/01/2005
COMMON
LAW
BROUGHTBOUT A
OFTHE INSURED PERSONS HOWEVER
CONTRIBUTED BY THE TO
INSURED PERSONSSHALT BE PROTECTED PERSON UNDER THE TERM OF THIS TERMS THI POLICY TO AS ANY CLAIMS UPON CLAIM WHICH SUIT MAY BE BROUGHT AGAINSTTHEM BY REASON
OF ANY
FOREGOING THE
DISHONESTY THE NOTWITHSTANDING
DERIVATIVEACTIONS BROUGHTY ACTION B SHAREHOLDERF THE INSUREDORGANIZATJO O OTHER THAN AN INSURED PERSON
FOR STOCKHOLDERS STOCKHOLDER
Page 3 of 35
BROUGHT AN OFFICER WHO IS NOT BY DIRECTOR THEIR ALLEGED FOR WRONGFUL TERMINATION
BASED UPON
IN OR
CLAIM
THEREOFDVERSE THE INSURED A TO PERSON SHALLESTABLISH PERSONS THAT ACTS OF ACTIVE AND ACT DELIBERATE
ALLEGED DISHONESTYTHE PARTOF THE INSURED ON PERSON UNLESS JUDGMENTR OTHERFINAL PERSONS UNLES O ADJUDICATION
ANY WAY
INVOLVING
ATTRIBUTABLE O OR ARISING T OUT OF
OR
PAYMENT PAYMENTSCORN MISSIONSGRATUITIES MISSION GRATUITIE BENEFITSOR BENEFIT
ANY OTHER FAVORS FAVOR TO
OR OR OR FOR THE BENEFIT OF ANY FULL PARTTIME DOMESTIC OR FOREIGN GOVERNMENTJ ARMED SERVICES OFFICIALS SERVICE OFFICIALAGENTS AGENT
MITTED BYTHE INSUREDPERSONSWITH PERSON ACTUAL DISHONEST PURPOSE AND INTENTWERE MATERIAL TO THE
ACTION
CAUSE
DISHONESTY CORN
OF
SO
ADJUDICATED
TIVE EMPLOYEE OR TIVESEMPLOYEES
OR
NOTE
WRONGFUL OF ANY INSURED PERSON SHALT ACT NOT BE IMPUTED TO ANY OTHER INSURED PERSON
FOR THE PURPOSE OF
THE
REPRESENTA MEMBER ANY MEMBERS OFTHEIR FAMILY WITH WHICH THEYARE ANY ENTITY
AFFIIIATD
OR
EXCLUSION ENUMERATED IN SECTION3 EXCLUSIONS EXCLUSION EXCLUSIONS A
DETERMINING APPLICABILITY THE THE OF
PAYMENT COMMISSION GRATUITIEBENEFITS PAYMENTS COMMISSIONSGRATUITIES BENEFIT OR ANY OTHER FAVORS OR FOR THE BENEFIT OF FAVOR TO
OR
PARTTIME OFFICIALS OFFICIALDIRECTORS DIRECTOR AGENT AGENTS
ANY FULL
THE INSURE SHALL NOT BE LIABLETO MAKE ANY PAYMENT FOR LOS LOSS IN CONNECTION WITH
ANY CLAIM MADE
OWNER OWNERS
INSURED PERSONS PERSON
FOR ANY ACTUAL
OR
AGAINST THE
IS DEFINED IN THE SECURITIE SECURITIES EXCHANGE OF ACT
REPRESENTATIVE PRINCIPALSHAEHOLDERS REPRESENTATIVES SHAEHOLDER OR OR EMPLOYEES EMPLOYEE OR AFFILIATES THATTERM AFFILIATE AS 1934 INCLUDING ANY
OF THEIR
PARTNER PARTNERS
DISEASE OR DEATH OF ANY PERSON ASSAULT BATTERY MENTAL ANGUISH OR EMOTIONAL DISTRESOR DISTRESS DAMAGE TO OR DESTRUCTION OF ANY TANGIBLE PROPERTY INCLUDING TOS TOSSOF USE THEREOF OR INVASIONOF PRIVACY RONGFUL W ENTRY EVICTION FALSE ARRESTFALSE
MALICIOU PROSECUTION MALICIOUS PROSECUTIONS
ALLEGED BODILY INJURY SICKNES SICKNESS
THEY ARE AFFILIATED OR FOREIGN
BASED UPON
ON OR
ANY CUSTOMER CUSTOMERS OF THE INSURED ORGANIZATION ANY OR MEMBER MEMBERS OF THEIR FAMILY OR ANY WITH WHICH ENTITY
AGENT OWNER AGENTS OWNERS PARTNERS PARTNER REPRESENTATIVES REPRESENTATIVE PRINCIPAL HAREHOLDERSOR SHAREHOLDER S EMPLOYEE EMPLOYEES OF
OFFICERDIRECTORS OFFICERS DIRECTOR
IMPRISONMENT OR
POLITICAL CONTRIBUTION CONTRIBUTIONS WHETHER
DOMESTIC
OR
FOR LIBELSLANDEROR DEFAMATION IN ANY FORM
ALLEGEDIOLATIONS THE EMPLOYEE VIOLATION OF V RETIREMENT INCOME SECURITY OF ACT 1974 OR ANY REGULATION REGULATIONS PROMULGATED THEREUNDEROF ANY SIMILAR OR PROVISION PROVISIONS OF ANY FEDERALSTATE OR LOCAL REGULATION
LAW
OR
FORANY ACTUAL OR
MAINTAIN ADEQUATE INSURANCE BASED UPON
OR
ATTRIBUTABLE ANY FAILURER OMISSION TO O THE PART OF THE INSURED PERSON TO EFFECTAND
ATTRIBUTABLETO THE ESSENTIAL FACT
OR
ALLEGING ARISING OF BASED UPOFL ATTRIBUTABLE OUT TO IN ANY WAY INVOLVINGIRECTLY INDIRECTLY D OR
ALLEGED THREATENED DISCHARGE OR DISPERSAL RELEASEOR ESCAPE OF POLLUTANTS POLLUTANT OR
ANY DIRECTION REQUEST TESTFOR OR TO MONITORCLEAN UP REMOVE CONTAIN TREATDETOXIFY OR NEUTRALIZE THE ACTUAL
UNDERLYING ALLEGED ANY MATTER WHICH OR IN PRIORTO THE INCEPTION DATE OF THIS POLICYAS BEEN THE THI H SUBJECT OF NOTICE TO ANY INSUREROF CLAIM OR THREAT OF CLAIM OR AN OCCURRENCE WHICH MIGHTGIVE RISE TO CLAIM UNDER ANY POLICY WHICH OF THI THIS INSURANCEIS
RENEWAL
OR
REPLACEMENTOR WHICH
IT
TIME
BASED
MAY SUCCEED IN
POLLUTANT POLLUTANTS
INCLUDING BUT
TO THE
NOT
INSURED ORGANIZATION
LIMITED TO CLAIMS ALLEGING CLAIM DAMAGE
IS NOT LIMITED TO ANY SOLID THERMALIRRITANT CONTAMINANT OR INCLUDING SMOKE VAPOR SOOT FUMES ACIDS FUME ACID ALKALIS ALKALI CHEMICALS CHEMICAL AND WASTE WASTE INCLUDES INCLUDE BUT IS NOT LIMITED TO MATERIALS TO BE MATERIAL RECYCLEDRECONDITIONED OR RECLAIMED
POLLUTANTINCLUDESBUT POLLUTANTS INCLUDE
OFFICER OF ANY ENTITYOTHER THAN THE INSURED ORGANIZATION EVEN IF SUCH SERVICE IS DIRECTED OR REQUESTED BY THE INSURED ORGANIZATION
OR
UPON ARISINGOUT OF DIRECTLY OR INDIRECTLY RESULTING FROM IN CONSEQUENCE OF OR IN ANY WAY INVOLVING SERVICE BY ANY INSUREDPERSON AS DIRECTOR
LIQUIDGASEOUS GASEOU
OR
LOALLEGING ARISING OUT
TO THE
OF BASED UPON
01
ATTRIBUTABLE
BY AN INSURED PERSON
DEFINED
IN THIS THI
ANY CAPTIVE INSURANCE COMPANY OR ENTITYINCLUDING NOT LIMITED BUT TO CLAIMS ALLEGING CLAIM THE INSOLVENCY OR BANKRUPTCY OF THE INSURED ORGANIZATION NAMED IN ITEM
OWNERSHIP MANAGEMENT MAINTENANCE ANDOR CONTROLBY THE INSURED ORGANIZATION OF
OR
INSURED ORGANIZATION AS
DECLARATION DECLARATIONS AS
OF THE
RESULT SUCH OF
POLICY EXCEPT
MANAGEMENT AND CONTROL
OWNERSHIPOPERATION
QWEST00003
Case 1:04-cv-00725-RPM
11BASED
UPON
OR
Document 41-3
OFFER TO
Filed 07/01/2005
THE DEFENSE AND
Page 4 of 35
SETTLEMENT OF ANY CLAIM
THAT
IN
ANY WAY
INVOLVING ANY
OR PURCHASE F SECURITIES OF THE INSURED O SECURITIE AT ORGANIZATION PREMIUM OVER THEIR THEN CURRENT OR MARKET VALUE MADE BY THE INSURED ORGANIZATION
PURCHASE
LIKELYTO INVOLVE THE INSURER APPEARS REASONABLY APPEAR
OTHER
INSURANCE
OTHER
INDEMNIFICATION
PERSON BY ANY OF THE INSURED PERSONS EXCEPT WHERE SUCH HOLDER OFFER OR PURCHASE EXTEND EXTENDS TO ALLSECURITYHOLDERS OF
IN THE EVENT THAT
OR THERE IS ANY OTHER INSURANCE WHETHER PRIOR TO THIS POLICY DIRECTLYOR INDIRECTLY THI SUBSEQUENT
BASED
UPON
OR
THE
INSURED
ORGANIZATION
ACTUAL OR ALLEGED ANY WAY INVOLVING BY ATTEMPTS ATTEMPT WHETHER SUCCESSFUL OR UNSUCCESSFUL
ACT OR COVERING INSURING WMNGFUL BY AN INSURED ANY THI PERSON OTHERWISE COVERED BY THIS POLICYOR THERE IS INDEMNIFICATION TO WHICH
IS ENTITLED FROM ANY
AN
PERSON ORGANIZATION ANY OF ITS INSURED PERSONS TO RESIST
OR
SECURITIE SECURITIES OF THE OR ENTITY TO ACQUIRE IN TO ORGANIZATION OPPOSITION THE BOARD OF OR EFFORT EFFORTS DIRECTOR DIRECTORS OF THE INSURED ORGANIZATION WHETHER SUCCESSFULR UNSUCCESSFULBYTHE INSURED O ANY PERSON INSURED
INSURED PERSON
ENTITY OTHER THAN THE INSURED
ORGANIZATION
THEN ALLOTHER INSURANCE FIRST TO THE NOTICED CLAIM CONSIDERED
OR
INDEMNIFICATION SHALL APPLY
THI AND THIS WILL SHALL NOT BE POLICY INDEMNIFY ONLY THE AMOUNT AND THE AMOUNTS OF
SUCH ATTEMPTS ATTEMPT
CT
ON
4
CONDITION CONDITIONS
PAYMENT
HAS NO DUTY FOR DEFENSE
BUT CONTRIBUTING
DIFFERENCE BETWEEN
ALL AMOUNTS AMOUNT INDEMNIFICATION
RECOVERABLE UNDER ALL
INDEMNITY INSURER
EXPENSE EXPENSES
DEFENSE
OTHER INSURANCE
OR
TO PROVIDE
IT IS THE
DUTYOF THE INSURED PERSON AND NOT THE DUTY
FOR PROVIDE DEFENSE OF CLAIMS CLAIM THE INSURED THE INSURER SHALLINDEMNIFY INSURED
NOT THI LOS ANY LOSS OTHERWISE COVERED UNDER THIS POLICY DECLARATION THE LIMIT OF LIABILITY SHOWN ON THE DECLARATIONS EXCEEDING
TO PAGEAND SUBJECT
IN ALL POLICY PROVISIONS THE EVENT
OR
OF THE INSURER TO T AGAINSTHEM PERSON
OR
THERE IS OTHER INSURANCE INSURED
INSURANCE
PERSON
ORGANIZATIONFOR DEFENSE AFTERFINAL DISPOSITION OF COVERED CLAIM EXPENSE EXPENSES
NO DEFENSE
EXPENSE EXPENSES SHALL BE INCURRED AND
SHALL BE MADE SUCH CONSENT
AND SHALL
INSURANCE
NO
INDEMNITYAVAILABLE TO THE THI OR ORGANIZATIONTHEN THIS EXCES EXCESS ONLY SHALL PROVIDE SPECIFIC COVERAGE TO THE TERMS TERM OF ANY OTHER NOT BE SUBJECT
INSURED
OR
INDEMNITY RETENTION
PAYMENT OF LOSS LOS
SETTLEMENT OF ANY CLAIM
WITHOUT THE
NOT TO BE
INSURER INSURERS WRITTEN CONSENT
LIMIT
OF LIABILITY
EXPENSE UNREASONABLY WITHHELD ANY DEFENSE EXPENSES INCURRED OR SETTLEMENTS MADE WITHOUT THE WRITTEN SETTLEMENT
THI CONSENT OFTHE INSURER WILLNOT BE COVERED UNDER THIS
THE AMOUNT THE MAXIMUM
STATED IN LTEM
OF THE DECLARATION IS
UNDER THE LIMIT OF LIABILITY AGGREGATE
POLICY
THE INSURER UNDER SECTION 1 INSURINGCLAUSE WRITTEN REQUEST AN INSURED PERSON PAY BY MAY UPON
ON
POLICY AND THE TOTAL AMOUNT THE INSURER SHALL BE
WHETHER TO OBLIGATED INDEMNIFYUNDER THE POLICY OR OR UNDER SECTION 1 INSURING AGREEMENT AGREEMENTS OF BOTH REGARDLESS THE TIME OF PAYMENT BY THE REGARDLES INSURER DEFENSE EXPENSES SHALL BE PARTOF AND NOT EXPENSE AND PAYMENT OF IN ADDITION TO THE LIMIT OF LIABILITY THE DEFENSE EXPENSES BY THE INSURERWILLDEPLETE LIMIT EXPENSE OF LIABILITY BASED ON O ARISINGOUT OF DIRECTLYR FROM IN CONSEQUENCE OF OR IN INDIRECTLY RESULTING THE OR RELATEDFACTS CIRCUM FACT ANY WAY INVOLVING SAME ALL CLAIMS CLAIM STANCE STANCES
SAME OR
CURRENT
BASI BASIS
DEFENSE
OTHERWISE
EXTENT
UNDER THIS THI PAYABLE
EXPENSE EXPENSES WHICH ARE EXCEPT TO THE POLICY
THAT THE INSURED
IS OR ORGANIZATION REQUIRED
THE INSURED PERSON FORSUCH PERMITTEDTO INDEMNIFY DEFENSE
EXPENSES
THE INSURER INSURING CLAUSE WRITTEN REQUEST BY THE INSURED
1
UNDER SECTION MAY UPON
BASI R CURRENTBASIS DEFENSE ORGANIZATIONEIMBURSE ON UNDER THIS THI WHICH ARE OTHERWISE PAYABLE EXPENSE EXPENSES POLICY
EVENT SITUATION TRANSACTION SITUATIONS TRANSACTIONS OR EVENTS OR THE RELATED SERIES OF FACTS CIRCUMSTANCES SERIE FACT CIRCUMSTANCE
OR
SITUATION TRANSACTION SITUATIONSTRANSACTIONS
TO BE
IF
EVENT EVENTS SHALL BE DEEMED
ANY INSURED PERSON
THAT REQUESTING
OR
THE INSURED
ON
ORGANIZATION
CURRENT
CLAIM SINGLE CLAIM IS COVERED UNDER THE
MORE
THE INSURER PAY
BASI BASIS
LOS LOSS FROM
THAN
ONE
DEFENSE EXPENSES FOR CLAIM HEREUNDER MUST AGREE EXPENSE IN WRITINGPRIOR ANY PAYMENT OFDEFENSE EXPENSES TO EXPENSE
INSURING CLAUSE
ITEM OF THE
R APPLICABLEETENTION STATED IN DECLARATION DECLARATIONS PAGE SHALL BE APPLIED
BY THE
OR
THAT UPON DEMAND THE INSURED PERSON INSURER
OR ORGANIZATION BOTH WILL REPAY THE ALL DEFENSE EXPENSES PAID TO OR ON BEHALF EXPENSE
THE INSURED
INSURER
OF SUCH INSURED PERSON IN CONNECTION
CLAIM
IF
WITH SUCH
NO
TO LOS SEPARATELY THAT PARTOF THE LOSS COVERED BY EACH RETENTION CLAUSE AND THE SUM OF SUCH RETENTIONS SHALL INSURING BE THE RETENTION APPLICABLETO SUCH CLAIM HOWEVER THE TOTAL RETENTION SHALL NOT EXCEED THE LARGEST
DETERMINE THE INSURER DETERMINES
THAT THERE IS
OR
RETENTION STATED IN ITEM THE
OF THE DECLARATIONS PAGE DECLARATION RETENTION AND
COVERAGE UNDER INSURING CLAUSE THE INSURED AND ORGANIZATION
B
PERSON PERSONS
THE INSURED
REIMBURSEMENT COMPANY SECTION INSURING CLAUSE
TO ALL CLAIMS CLAIM
SHALL BE APPLICABLE
TO SHALL GIVE THE INSURER THE RIGHT ASSOCIATE ITSELF IN
WHENEVER
INDEMNIFICATION
BY
THE
QWEST00004
INSURED
ORGANIZATIONIS LEGAFLYERMISSIBLE OR P Case 1:04-cv-00725-RPM Document STATUTORILY REQUIREDWHETHER OR NOT THE INSURED H ORGANIZATIONAS AGREED TO INDEMNIFYITS INSURED
PERSON PERSONS
CANNOT
OR
41-3PERIOD IS NOT CANCELLABLE Filed 07/01/2005
CONTAINED HEREIN SHALL NOT
THI THIS
Page 5 ofAND CLAUSE 35
TO ANY
THE
RIGHT RIGHTS
APPY
CANCELLATION
FROM NONPAYMENT OF PREMIUM RESULTING RENEWAL PROVISION
NOT EXCEPTWHERE ACTUAL INDEMNIFICATION
BE MADE
INSURED
BY THE INSURED ORGANIZATION ITS TO PERSONS PERSON SOLELY BY REASON OF THE INSURED
ORGANIZATIONFINANCIAL INSOLVENCY ORGANIZATIONS EXCEPTFOR THE PAYMENT
OF DEFENSE
THE OFFER BY THE INSURER OF RENEWAL TERMS CONDITIONS TERM CONDITION LIMIT LIMITS OF LIABILITY ANDOR PREMIUMS VARYING FROM THOSE OF PREMIUM THE S EXPIRING POLICYHALL NOT CONSTITL5TEREFUSALTO RENEW OF CLAIM OR CIRCUMSTANCE
EXPENSE EXPENSES
AND
AS
PROVIDEDIN SECTION 4 CONDITIONS CONDITION
INSURER SHALL INDEMNIFY FOR LOSS LOS
THE
NOTICE
IF AS
ONLY UPON
THE FINAL THE POLICY PERIOD DURING ANY CLAIM IS FIRSTMADE CONDITION PRECEDENT INDEMNITYTHE INSURED TO
DISPOSITION OF
ANY CLAIM
COOPERATION SUBROGATION
IN THE EVENT OF CLAIM
OR
NOTICE OF CIRCUMSTANCES CIRCUMSTANCE UNDER THE INSURED PERSON WILL
SECTION 4 CONDITIONS CONDITION
PROVIDETHE INSURER WITH ALL INFORMATIONSSISTANCEAND A
THAT THE INSURER REASONABLY COOPERATION REQUEST AND WILL REQUESTS
NO ACTION THAT MAY PREJUDICE THE INSURED PERSONS OR PERSON INSURER INSURERS POSITION OR POTENTIAL ACTUAL RIGHTS DEFENSE OR RIGHTOR
TAKE
ORGANIZATION MUST GIVE WRITTEN NOTICE TO ROYAL INC SPECIALTY NDERWRITING ON BEHALF OF THE INSURER U BY CERTIFIED MAIL AND PROPERLYDDRESSED TO THE A ADDRES ADDRESS SHOWN ON THE DECLARATIONS DECLARATION PAGE OF SUCH CLAIM AS SOON AS PRACTICABLE AFTERSUCH CLAIM IS FIRST MADE AND IN NO EVENT LATERTHAN THE EXPIRATION DATE OR ANY EARLIER CANCELLATION DATE OF THIS THI POLICY
IF
UNDER THE
EVENT OF PAYMENT TO WHO SHALL EXECUTE
WITHOUT THE INSURERS CONSENT IN THE INSURER POLICY BY THE INSURER SHALL BE SUBROGATED IT ALL OF THE RIGHTS RECOVERY OF THE INSURED PERSONS OF RIGHT PERSON ALL PAPERS PAPER AND TAKE ALL NECESSARY
INSURED
THE DURING POLICY PERIODAN INSURED ORGANIZATION FIRST BECOMES BECOME CLAIM
PERSON
AWARE
OR
THE
OF ANY
CIRCUMSTANCE WHICH MAY REASONABLY EXPECTEDTO BE
GIVERISE TO
AS SOON AS
ACTION ACTIONS TO SECURE SUCH RIGHTS THE RIGHT INCLUDING EXECUTION OF ANY DOCUMENTS NECESSARY TO ENABLE THE INSURER DOCUMENT
TO EFFECTIVELY BRINGSUIT
AGAINSTNY INSURED PERSON AND A PRACTICABLE THEREAFTER BEFORE THE
IN THE INSURED PERSONS PERSON
NAME
DATE EXPIRATION OR ANY EARLIERCANCELLATION DATE OFTHE POLICY GIVE GIVES TO ROYAL PECIALTY NDERWRITING ON S INC U BEHALF OF THE INSURER WRITTEN NOTICE VIA CERTIFIED MAIL AT THE ADDRESS SHOWN ON THE DECLARATIONS ADDRES DECLARATION PAGE OF SUCH CIRCUMSTANCE WITH FULLPARTICULARS THE ALONG PARTICULAROF SPECIFIC ALLEGED WRONGFULCT THEN ANY CLAIM A MADE AGAINST AN INSURED PERSON SUBSEQUENTLY
OUT ARISING OFSUCH CIRCUMSTANCE MADE DURING THE POLICY PERIOD
ANY
AMOUNT
REPAYMENT PERSON AND
RECOVERED SHALL BE APPORTIONEDFOR THE OF FIRSTTHE INSURERS SUBROGATION INSURER EXPENSE EXPENSES
SO
FEE FEES AND COSTS SECOND PAYMENTS BY THE INSURED LEGAL COST PAYMENT
OR
INSURED
IN EXCES ORGANIZATION EXCESS
OFTHE RETENTION
INSURER
APPLICABLE INSURANCE THIRD PAYMENTS BY AN EXCESS PAYMENT EXCES FOURTH PAYMENTS BY THE INSURER AND LAST PAYMENT
PERIOD
OR
WILLBE DEEMED
FIRST
REIMBURSEMENT OF THE RETENTION
DISCOVERY
IF
MERGER
REFUSE TO
RENEW
CONSOI1DATION
OR ACQUISITION
POLICY SHALL HAVE THE RIGHT UPON ORGANIZATION PAYMENT OF AN ADDITIONAL PREMIUM OF FIFTY PERCENT 50 OF THE FULL ANNUAL PREMIUM TO PERIOD OF NINETY 90 DAY FOLLOWING EFFECTIVE DATE OF SUCH CANCELLATION OR DAYS THE
THE INSURED NONRENEWAL HEREIN REFERREDTO AS THE DISCOVERY PERIOD IN WHICH TO GIVEWRITTEN NOTICE TO THE INSURER OF CLAIMS CLAIM THE PERSON AGAINST INSURED PERSONS DURING SAID NINETY DAY PERIOD FOR ANY WRONGFUL OCCURRING ACT PRIORTO THE END OF THE POLICY PERIOD AND OTHERWISE COVERED BY THIS THI POLICY AS USED HEREIN FULL ANNUAL PREMIUM MEANS MEAN THE PREMIUM LEVEL IN EFFECT IMMEDIATELY PRIOR THE END TO OF THE POLICYPERIOD FIRSTMADE
THE INSURER SHALL CANCEL
THI THIS
IF
AFTER THE
OR
CREATE CREATES
INCEPTION DATE THE INSURED ORGANIZATION ACQUIRE ACQUIRES SUBSIDIARY THAT SUBSIDIARY ILL W
BE DEEMED TO QUALIFY AN INSURED ORGANIZATION AS BUT FOR WRONGFUL ON OR AFTERTHE EFFECTIVE DATE ACT ONLY
OR ACQUISITION FOR THE FIRST NINETY DAY AFTERTHE DATE OFTHE CREATION OR ACQUISITION DAYS AFTER THIS NINETY90 THI DAY PERIOD THE CREATED OR ACQUIRED WILL NO LONGER DEEMED AN SUBSIDIARY BE INSURED ORGANIZATION UNLES UNLESS
OF SUCH CREATION
90
90
WRITTEN NOTICE OF THE CREATION
OR
ACQUISITION IS
GIVENTO THE INSURER BYTHE INSURED ORGANIZATION WITHIN SIXTY 60 DAYSOFTHE DATE OF THE CREATION DAY
OR
ACQUISITIONSUCH WRITTEN NOTICE SHALL INCLUDE
THE
RIGHTCONTAINED RIGHTS
WRITTEN NOTICE ADDITIONAL
IN THIS CLAUSE SHALLTERMINATE UNLESS THI UNLES OF SUCH ELECTION TOGETHER WITH THE IS RECEIVED
AT
PREMIUM
BY ROYALSPECIALTY
SHOWN ON THE DECLARATION DECLARATIONS PAGE WITHIN TEN 10 DAYS OF THE EFFECTIVE DAY DATE OF CANCELLATION OR NONRENEWAL THE FULLADDITIONAL PREMIUM FORTHE DISCOVERY PERIOD SHALL BE FULLY EARNED
AT THE
UNDERWRITING INC
THE
ADDRES ADDRESS
COPY OF THE MOST RECENT AUDITED FINANCIAL STATEMENT STATEMENTSOF THE SUBSIDIARYII COPY OF THE CREATION OR ACQUISITION DOCUMENT DOCUMENTS AND III NEW DIRECTOR COMPLETEDROYALDIRECTORSAND OFFICERS APPLICA OFFICER TION GIVINGFULLPARTICULARS THE NEW SUBSIDIARY OF PARTICULAR WHICH IS ACCEPTABLETO THE INSURER THE INSURED ORGANIZATIONPROVIDES THE INSURER PROVIDE WITH ANY ADDITIONAL INFORMATION THE INSURER MAY
INCEPTION OF THE DISCOVERYERIOD THE DISCOVERY P
REQUEST
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OBLIGATION
TERM THEINSURED ORGANIZATION AGREE AGREES TO THE TERMS EXCLUSION EXCLUSIONS AND ADDITIONALPREMIUM CONDITION CONDITIONS BY CHARGEAS MAY BE REQUIRED THE INSURER AND THE
PERSON UNTIL THE AMOUNT OF THE INSURED PERSONS
DETERMINED EITHER BY TO PAY LOS LOSS HAS BEEN FINALLY PERSON PERSONS AFTER THE INSURED JUDGMENT AGAINST
OR PROCEEDING PROCEEDINGSBY WRITTEN AGREEMENT ADJUDICATORY THE CLAIMANT AND THE INSURER OF THE INSUREDPERSONS PERSON
INSURER
AT ITS SOLE
DISCRETION AGREES IN AGREE
TO OF WRITINGTO EXTEND THE COVERAGE THE POLICY SUBSIDIARY IF THE THE CREATED OR ACQUIRED
NO INSURED PERSON THI RIGHTUNDER THIS
TO ANY CLAIM
OR
INSURED
INFORMATION
IN
AND
IS RECEIVED
TO POLICY
HAS ORGANIZATION ANY PARTY JOINTHE INSURER AS
AND THE INSURER DAY PERIOD DOE DOES NOT EXPRESSLY ACCEPT OR DECLINE TO EXTEND WITHIN THE INITIAL NINETY90 DAY PERIOD COVERAGE WITHIN THE SIXTY 60 WILLBE EXTENDED DAYPERIOD DECLINE INSURER EXPRESSLY ACCEPT ACCEPTSOR DECLINES UNTIL THE OF COVERAGE SUCH EXTENSION THEN SUCH NINETY90
AN AGAINST INSUREDPERSON TO DETERMINE
THE OF PERSON THE LIABILITY SUCH INSUREDPERSONS NOR SHALL BE IMPLEADED AN INSURED PERSON OR HIS INSURER BY HER
OR
ITS
IN ANY R LEGAL EPRESENTATIVE AND
SUCH CLAIM
AUTHORIZATION
NOTICE NOTICES
DATE THE INSURED ORGANIZATION INCEPTION INTO ANY WITH OR CONSOLIDATED IS ACQUIREDY MERGED B IS SUCH THAT THE INSURED ORGANIZATION NOT THE ENTITY S UNDER THIS POLICYHALL THI SURVIVING ENTITY THEN COVERAGE THE DATE OFSUCH ACQUISITION CEASE IMMEDIATELYPON U
IF
AFTERTHE
THAT THE INSURED ORGANIZATION PERSON THE INSURED PERSONS AGREE AND RECEIVING TO WITH RESPECT GIVING ACT ACTS ON THEIR BEHALF NOTICE ALL NOTICES AND RETURN OF CHANGE CHANGES
PREMIUM FROM
THE INSURER
MERGEROR CONSOLIDATIONFORTHE PURPOSE OF SECTION
3 DEFINITION DEFINITIONS
OR
THE DATE OF SUCH
ACQUISITION
THE
MERGER
CONSOLIDATION SHALL BE DEEMED
P BY KNOWLEDGEOSSESSED ANY ON BYPERSONSACTING BEHALFOF PERSON AGENT REPRESENTATION REPRESENTATIONS IN WAIVER OR CHANGE ANY THE INSURER DOES NOT EFFECT DOE OF THIS POLICY ESTOP THE INSURER FROM ASSERTING THI OR PART
NOTICE TO ANY AGENT
OR OR
DATE EXPIRATION SALE OR DISSOWTION OF SUBSIDIARY
INCEPTION DATE ANY SUBSIDIARY IS SOLD OR ONLY THI TO TERM DISSOLVEDTHIS POLICY SUBJECT ITS TERMS SHALLAPPLY PERSON TO TO PERSONS WHO WERE INSURED PERSONS PRIOR THE SALE PERSON
IF AFTER THE
OR
LIMITATION TINDER THE TERMS CONDITIONS AND LIMITATIONS OF TERM CONDITION RIGHT LIMITATION THE TERMS CONDITIONS AND LIMITATIONS OF THE CONDITION THI THIS POLICY TERM POLICY CAN ONLYBE WAIVED OR CHANGED BY WRITTEN ANY ENDORSEMENT ASSIGNMENT THI DOE ASSIGNMENT OF INTEREST UNDER THIS POLICYDOES THE INSURER WITHOUT ITS WRITTEN CONSENT CANCELLATION THI THIS
NOT BIND
MADE TO CLAIMS FIRST DISSOLUTION AND ONLYWITH RESPECT CLAIM
OR
THE DURING POLICYPERIOD
PERIOD FORWRONGFUL DISCOVERY
TO TO HAVE BEEN COMMITTED PRIOR THE DATE ACT ACTS ALLEGED OF SALE OR DISSOLUTION NO COVERAGE WILL BE AFFORDED FOR PERSON AFTER THE BECOME ANY PERSON WHO BECOMES AN INSURED DATE OF SALE OR DISSOLUTION
REPRESENTATION REPRESENTATIONS
BE CANCELEDBY THE INSURED ORGANIZATION THI BY WRITTENNOTICE OR BY SURRENDER OFTHIS POLICY INC AT THE AT ANY TIME TO ROYALSPECIALTY NDERWRITING U DECLARATION ADDRES ADDRESS SHOWN IN THE DECLARATIONS PAGE
POLICY MAY
AT ANY TIME
ORGANIZATION THROUGH ITS AUTHORIZED REPRESENT THAT AS OF THE INCEPTION DATE REPRESENTS REPRESENTATIVE THE PARTICULARS STATEMENTS CONTAINED AND OF THIS POLICY THI PARTICULAR STATEMENT TRIJE AND CORRECT AND IN THE APPLICATION ARE COMPLETE AND STATEMENT THAT THOSE PARTICULARS STATEMENTS ARE THE PARTICULAR AGREE THI BASI BASIS OF THIS POLICYAND ARE TO BE CONSIDERED AS THI INTO PARTOF THIS POLICY INCORPORATED AND CONSTITUTING AND STATEMENTS ARE MATERIAL TO THE STATEMENT THOSE PARTICULARS PARTICULAR ACCEPTANCE OF THE RISK ASSUMED BYTHE INSURER AND THETRUTHFULNES AND IS THI THIS POLICY ISSUED IN RELIANCE UPON THETRUTHFULNESS EXCEPTFOR COMPLETENES COMPLETENESSOF SUCH REPRESENTATIONS
THE INSURED MATERIAL FACTS OR CIRCUMSTANCES KNOWN TO THE PERSON FACT CIRCUMSTANCE PERSON PERSONS WHO
OR
POLICY MAY ALSO BE CANCELED AT ANY TIME BY ROYA INC UNDERWRITING ON BEHALF OF THE INSURER SPECIALTY OR TO TO DELIVERY THE INSURED ORGANIZATION BYMAILING TH FIR CERTIFIEDR OTHER FIRS O INSURED ORGANIZATION BYREGISTERED IN THIS POLICY WRITTET THI CLAS CLASS MAIL TO THE ADDRESS SHOWN ADDRES LES DAY NOTICE STATING WHEN NOT LESS THAN SIXTY 60
THE THE CANCELLATION WILL BECOME THEREAFTER EFFECTIVE THI OF MAILINGOF SUCH NOTICE WILLBE SUFFICIENT PROOF NOTIC AND THIS POLICY THI WILL TERMINATE AT THE DATE AND HOU
SPECIFIED
IF
IN THE NOTICE
THI THIS
THE NO SIGNED APPLICATION STATEMENT IN THE OR BY OR APPLICATION KNOWLEDGE INFORMATION POSSESSED
AN
IS POLICY
CANCELED BY THE INSURED
SHORTRATE THE INSURERWILLRETAINTHE CUSTOMARY OF THE
IF
ORGANIZATIOR PROPORTIO
INSURED PERSON WILLBE IMPUTED TO ANY OTHER INSURED
PREMIUM HEREON
PERSON FOR THE PURPOSE OF DETERMINING THE AVAILABILITY OF COVERAGE NO ACTION AGAINST THE INSURER
THI THIS POLICYIS CANCELED BY THE INSURERTHE INSURER OF RETAIN THE PRO RATA PROPORTION THE PREMIUM HEREOT
PAYMENT
OR
TENDER OF ANY UNEARNED
PREMIUM BY TI
INSURER IS NOT
TO CONDITION PRECEDENT THE EFFECTIVENE
BE TAKEN AGAINSTTHE INSURER UNLESS UNLES THERE HAS BEEN FULL AS CONDITION PRECEDENT THERETO THI TERM COMPLIANCE WITH ALL OF THE TERMS OF THIS POLICYAND NO ACTION MAY
OF CANCELLATION BUT SUCH PAYMENT WILLBE MADE AS SOC AS PRACTICABLE AFTERTHE CANCELLATION DATE IS EFFECTIVE
TO THE PERIOD OF LIMITATION RELATING THE
GIVINGOF NOTK
QWEST00006
CONSTRUCTION THEREOF SUCH PERIOD WILLBE DEEMED TO BE SO AS TO BE EQUALTO THE MINIMUM PERIOD OF LIMITATIONPERMITTED BY SUCH LAW
AMENDED
IF THE
Document ROHIBJT Case 1:04-cv-00725-RPM OR MADE VOID BY ANY LAW THE CONTROLLING
41-3
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INSUREDPERSONS PERSON AGREE THAT
ACCEANCE
THE INSURERJ ORGANIZATJ AND
THJ
INSURED OGANJZ ION FAILS TO PAY ANY PREMIUM WHEN FAIL DUE THE INSURER MAY CANCEL THE POLICY TEN
WRLRTTEN NOTICE UPON THE INSURER SHALLNOT BE REQUIRED RENEW TO THI THIS ITS EXPIRATION
10 DAYS DAY
AND ANY AGREEMENT BEEEN THEM AND THE INSURER TO THI RELATING THIS INSURANCE
POLICY INCLUDING THE
APPLICATION
ENDORSEMENT CONSTITUTE THE ENTIRE ENDORSEMENTS
POLICY
HEADING HEADINGS
THE DESCRIPTION IN THE HEADINGS AND SUBHEADINGSTHE HEADING SUBHEADING OF ARE POLICY SOLELYOR CONVENIENCE AND FORM F NO OF
POLICYPON U
EXHAUSTION
WHEN
IS LIABILITY EXHAUSTED BY THE INDEMNIFICATION LOSS INCLUDING FOR LOS DEFENSE EXPENSES EXPENSE THE
THE TERMS AND CONDITIONS OF TERM CONDITION COVERAGE
PART
LIMIT OF
GOVERNING LAW
THI THIS
CLAUSE
ALL OBLIGATIONS THE INSURER OBLIGATIONOF UNDER THIS POLICY THI WILL BE FULFILLEDND EXTINGUISHED A AND THE INSURERWILL HAVE NO FURTHEROBLIGATIONS OBLIGATIONOF ANY KIND OR NATURE WHATSOEVER UNDER THIS POLICY THI IN
POLICY SHALL TO THE EXTENT PERMITTED BY APPLICABLE LAWBE CONSTRUED IN ACCORDANCE WITH THE LAWSOF LAW
WITES WITESS WHEREOF JNSURE THE HAS CAUSED THIS THI POLICY BE EXECUTED TO COUNTERSIGNED THE DECLARATIONS ON DECLARATION PAGE BY DULYAUTHORIZED
PERTAINING THE LAW SUBSIDIARY LAWSOF THE STATE OR JURISDICTION OF INCORPORATION OR ORGANIZATION THEREOF
TO AND B ATTESTEDUT THI THIS
JURISDICTION INCORPORATION OF OR ORGANIZATION OF INSWECJ ORGANIZATION IN THE CASE OF MATTERS OR MATTER
OR
THE STATE THE
POLFCY SHALL NOT
AGENT OF THE INSURER
BE VALID UNLESS UNLES
CORPORATE SECRETARY
PRESIDENT
7
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LIST OF OFFICERS OFFICER AND DIRECTORS DIRECTOR OF THE
QUIZNO QUIZNOSCORPORATION
CHIEF EXECUTIVEOFFICERRESIDENT P AND DIRECTOR RICHARD E SCHADEN
AND DIRECTOR RICHARD SECRETARY F
SCHADEN
TREASURERND CHIEF FINANCIAL OFFICER JOHNL GALLIVAN A EXECUTIVEVICE PRESIDENT FRANCHISE OF SERVICE JOHN F SERVICES SUPPORT SENIORVICE PRESIDENT DEVELOPMENT K ADAMS OF SCOTT ADAM SENIORVICE PRESIDENT REAL OF CONSTRUCTION ESTATEDESIGN ROBERTW SENIORVICE PRESIDENT OF MARKETING A SUE HOOVER SCANLON IFI FITCHETT
VICE PRESIDENT AND GENERAL COUNSEL PATRICK E VICE PRESIDENT PURCHASING J FOWLER OF PETER VICE PRESIDENT TRAINING OF JANICE L BRANAM VICE PRESIDENT OF
MEYER MEYERS
CORPORATE OPERATIONS B GEORGE BOEDECKER JR
RICHARD D DEVELOPMENT CRETE
VICE PRESIDENT OFPRODUCT LINE BOARDDIRECTOR FREDERICK H
SCHADEN
BOARDDIRECTOR J ERIC LAWRENCE BOARDDIRECTOR BROWNELLM BOARD DIRECTOR MARK L
BAILEY
BROMBERG
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LIST OF OFFICERS OFFICER AND DIRECTORSFOR DIRECTOR SUBSIDIARIE OF SUBSIDIARIES THE QUIZNOS QUIZNO CORPORATION
CHIEF EXECUTIVE OFFICER PRESIDENT AND DIRECTORRICHARDE SCHADEN CHIEF TREASURER FINANCIAL OFFICER AND DIRECTORJOHN L GALLIVAN VICE
PRESIDENT AND DIRECTOR PATRICK MEYERS SECRETARY E MEYER
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LIST OF SUBSIDIARIESOF SUBSIDIARIE
THE
QUIZNO QUIZNOS CORPORATION
1
THE
QUIZNO REALTY OMPANY QUIZNOS C
DECEMBER INCORPORATED 1995
A
B
C
NETWORTHO
NET INCOME 0
2
THE
QUIZNO DEVELOPMENT QUIZNOS COMPANY
A
INCORPORATED 23 AUGUST
NET WORTH
NET INCOME
1995
B
C
271325
0
3
THE
QUIZNO OPERATING QUIZNOS COMPANY
OCTOBER INCORPORATED 21
NET WORTH NET INCOME 1994
A
B
C
1023227 191878
4
THE
QUIZNO ACQUISITION QUIZNOS COMPANY INCORPORATED MAY
NET WORTH 0 NET INCOME 1997
A
B
C
0
5
CLASSICSUBSLLC SUB
A
51
THE
QUIZNOT QUIZNOTS 49 OPERATING COMPANY
SCOTT K
ADAM ADAMS
INCORPORATED 1992 SEPTEMBER
NETWORTHO NET INCOMESO
OWNEDBY THE UNLES UNLESS QUIZNO CORPORATION OTHERWISE QUIZNOS INDICATED
B
C
ALL SUBSIDIARIES SUBSIDIARIE ARE 100
ALL SUBSIDIARIES SUBSIDIARIE ARE DOMESTICCOMPANIESTHE IN COMPANIE SERVICE RESTAURANT USINESS QUICK B
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DAWN DEMARCE FORMER OF EMPLOYEE THE QUIZNOS FLEAAN QUIZNO OPERATING COMPANY ADMINISTRATIVE CLAIM WITH THE COLORADO OFTHE EQUIVALENT ALLEMPLOYEES W EMPLOYEEEAR THE
COMMISSION THAT STATING THE QUIZNOS QUIZNO OPERATING HEALTH COMPANY COMPANYS AND SAFETY THAT REQUIREMENT
EQUAL EMPLOYMENT OPPORTUNITY
WHEN HANDLING VIOLATED AMERICAN WITH DISABILITIES ACT GLOVE GLOVES FOOD THEAMERICANS DISABILITIE QUIZNO OPERATING QUIZNOS HAS TO THE COMPANY RESPONDED CLAIM AND FEELS FEEL THATTHECLAIM IS NOT MERITORIOUS AS OF THISDATE THI THE CLAIM IS PENDING
QWEST0001
Case 1:04-cv-00725-RPM
THI THIS ENDORSEMENT
Document 41-3
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READ
IT
Page 12 of 35
CHANGETHE CHANGES POLICY PLEASE
ROYAL
INSURANCE
CAREFULLY
DIRECTOR DIRECTORS NUCLEAR
AND
OFFICER OFFICERS
LIABILITY
POLICY
ENERGY
LIABILITY
EXCLUSION
IT I
IS
THAT THE POLICY DOE DOES NOT APPLY AGREED UNDER ANY LIABILITY TO COVERAGE INJURYISEASEDEATHOR DESTRUCTION D WITHRESPECT WHICHAN INSUREDUNDERTHE POLICY ALSOAN INSURED UNDER TO IS
OR
LIABILITY POCY ISSUED BY NUCLEAR ENERGYIABILITY INSURANCEASSOCIATION MUTUAL L ATOMIC ENERGY UNDERWRITEROR UNDERWRITERS NUCLEARINSURANCE LIABILITY ASSOCIATIONOF CANADA OR WOULD BE AN INSUREDUNDER BUTFOR TERMINATION ITS ANY SUCH POLICY OFITSMFT OF LIABILITY UPON EXHAUSTION
HAZARDOU PROPERTIE HAZARDOUS PROPERTIES NUCLEAR MATERIAL AND WITH RESPECT WHICH OF TO ANY PERSON OR ORGANIZATION IS REQUIRED MAINTAIN FINANCIALPROTECTION TO PURSUANTTO THE ATOMIC ENERGY OF 1954 OR ANY LAW ACT OR THE INSURED IS OR HAD AMENDTORY THEREOF THI THIS POLICY BEEN ISSUED WOULD BE ENTITLED NOT TO INDEMNITY FROM THE UNITED STATES OF STATE AMERICA OR ANY AGENCYTHEREOF WITH ANY PERSON OR ORGANIZATION
NUCLEAR ENERGY
FROM RESULTING THE
11
BY ANY
ILL
UNDER ANY MEDICAL PAYMENTS COVERAGE UNDER PAYMENT OR ANY SUPPLEMENTARY PAYMENT PROVISION PAYMENTS TO IMMEDIATE MEDICAL OR SURGICAL RELATING RELIEF EXPENSES INCURRED TO EXPENSE WITH RESPECT TO BODILY INJURY SICKNES DISEASE OR DEATH RESULTING THE HAZARDOUSPROPERTIES NUCLEAR SICKNESS FROM HAZARDOU PROPERTIE OF FACILITY OR
PERSON
ORGANIZATION
UNDER ANY LIABILITY TO COVERAGE INJURYICKNESSDISEASEDEATH OR DESTRUCTION SICKNES S FROM RESULTING THEHAZARDOUSPROPERTIESNUCLEAR HAZARDOU PROPERTIEF O IF MATERIAL
IS AT ANY NUCLEAR OWNED BY OR OPERATED OR ON BEHALF FACILITY BY HAS BEEN DISCHARGED OR DISPERSED THEREFROM THENUCLEAR MATERIAL IS CONTAINED IN SPENT FUEL OR WASTE AT ANY TIME POSSESSED HANDLED USED PROCESSED STORED TRANSPORTED DISPOSED BY OR ON BEHALF OF AN INSUREDOR OR OF THE INJURY SICKNES DISEASE DEATH OR DESTRUCTION SICKNESS ARISE ARISES OUT OF THE FURNISHING AN BY INSUREDOR SERVICES SERVICE MATERIALSPARTS OR EQUIPMENT CONNECTION WITH THE MATERIAL PART IN PLANNING CONSTRUCTION MAINTENANCE OPERATION USE OFANY NUCLEAR FACILITY IF SUCH FACILITY OR BUT IS LOCATED WITHIN THE UNITEDSTATES OF AMERICA ITS TERRITORIES STATE TERRITORIE POSSESSIONS CANADA THIS OR POSSESSIONOR THI EXCLUSION TO APPLIE ONLY INJURY OR DESTRUCTION PROPERTYSUCH NUCLEAR APPLIES TO OF AT FACILITY AS USED IN THIS ENDORSEMENT THI HAZARDOU PROPERTIEINCLUDE RADIOACTIVEOXIC OR HAZARDOUS PROPERTIES T EXPLOSIVE PROPERTIE PROPERTIES NUCLEAR MATERIAL MEAN MEANS SOURCE MATERIAL PECIAL ATERIAL BYPRODUCT M S OR MATERIAL SOURCE MATERIAR SPECIALNUCLEAR AND BYPRODUCT MATERIAL MATERIARHAVE THE MEANINGS MEANING GIVEN THEM IN THE ATOMIC ENERGY OF 1954 OR IN ACT ANY LAWAMENDATORY THEREOF SPENTFUEL MEANS ANY FUEL MEAN ELEMENT OR FUELCOMPONENTSOLID OR LIQUIDWHICH HAS BEEN USED
THE NUCLEAR MATERIAL
OF AN INSUREDOR
IV
OR
TO EXPOSED RADIATION
IN
NUCLEAR REACTOR
PGE
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INSURANCE
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Page 13 of 35
THI THIS ENDORSEMENT CHANGETHE CHANGES
PLEASE POLICY
CAREFULLY
CONTAINING BYPRODUCT MATERIAL AND FROM RESULTING THE OF ORGANIZATIONANY NUCLEAR INCLUDED WITHIN THE DEFINITION FACILITY OF NUCLEAR UNDER FACILITY PARAGRAPH OR THEREOF
OPERATION ANY BY
PERSON
OR
WASTE
MEAN MEANS
ANY WASTE MATERIAL
NUCLEARFACILITY MEAN MEANS
PLUTONIUM PROCESSING OR UTILIZING OR SPENT FUEL
THE ISOTOPEOF SEPARATING ISOTOPES URANIUM OR HANDLINGROCESSING OR PACKAGING P WASTE ANY EQUIPMENT DEVICE USED FOR OR THEPROCESSING OR ALLOYING SPECIAL FABRICATING OF NUCLEAR MATERIAL AT ANY TIME THE TOTALMOUNT OFSUCH IF A MATERIAL THE CUSTODY THE INSURED AT THE IN OF PREMISE WHERE PREMISES
SUCH GRAM GRAMS OF PLUTONIUM URANIUM233 OR
O EQUIPMENTR DEVICE IS LOCATEDCONSISTSOF CONSIST OR OR
ANY NUCLEAR REACTOR ANY EQUIPMENTR DEVICE DESIGNED USED FOR O OR
URANIUM235
ANY COMBINATIONTHEREOF OR
MORE
CONTAIN CONTAINS MORE THAN25 THAN 250 GRAMS OF GRAM
ANY STRUCTURE BASIN EXCAVATIONREMISES PLACE PREMISE OR P PREPARED USED FOR STORAGE DISPOSAL OR THE OR OF WASTE AND INCLUDES INCLUDE THESITEON WHICH ANY OF THE IS LOCATED OPERATIONS FOREGOING ALL OPERATION CONDUCTED SUCH SITE ON AND ALLPREMISES PREMISE USED FORSUCH OPERATIONS OPERATION NUCLEAR REACTOR MEANS ANY APPARATUS MEAN APPARATU DESIGNED USED TO SUSTAIN NUCLEAR FISSION OR IN SELF CHAIN REACTION TO CONTAIN CRITICAL SUPPORTING OR MAS MASS OF FISSIONABLE MATERIAL WITH RESPECT INJURYOR DESTRUCTION TO TO OF PROPERTY WORD THE INJURY DESTRUCTION INCLUDES FORMS OR INCLUDE ALLFORM OF RADIOACTIVE CONTAMINATION PROPERTY OF HEREIN CONTAINEDSHALL BE HELD TO NOTHING VARY ALTER WAIVE OR EXTEND ANY OF THE TERMS TERM CONDITIONS CONDITION PROVISIONAGREEMENTSOR LIMITATIONS THE ABOVE MENTIONED PROVISIONS AGREEMENT LIMITATION OF O POLICY THERTHAN AS ABOVE STATED
ALL OTHER TERMS TERM CONDITIONS CONDITION AND
WARRANTIE WARRANTIES
REMAINING UNCHANGED
ATTACHED AND TO ISSUED TO
FORMING OFTHE POLICY PART NO
THI THIS ENDORSEMENTIS LISTED THE IN POLICY DECLARATION DECLARATIONSIN EFFECT ROMTHE TIME IT IS F OTHERWISE THEEFFECTIVEATEOF THIS ENDORSEMENT AS SHOWN D THI IS BELOW AT
IF
EFFECTIVE
THESAME
THI COVERAGEUNDER THIS POLICY COMMENCES TIME OR HOUR OF THE DAY THE POLICY AS BECAME
EFFECTIVE DATE
ENDORSEMENT NO
COUNTERSIGNECI BY
AUTHORIZED REPRESENTATIVE
DATE
RSU100041 PAGE OF
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INSURANCE
Document 41-3
Filed 07/01/2005
IT
Page 14 of 35
THI THIS ENDORSEMENT CHANGETHE CHANGES
PLEASEREAD POLICY
CAREFULLY
DIRECTOR DIRECTORS AND OFFICERS OFFICER LIABILITY POLICY PRIOR ANDOR PENDING LITIGATION EXCLUSION
IN CONSIDERATIONF THEPREMIUM O CHARGEDIS IT SHALL NOT BE LIABLE MAKE TO
HEREBY UNDERSTOODND AGREEDHAT A T THE INSURER
IN
FOR ANY PAYMENT LOSS LOS INSURED PERSONS BASED UPON OR ATTRIBUTABLE PERSON TO
OF THISPOLICY THI INVOLVING THEINSURED
CONNECTION ITHANY CLAIM MADE AGAINSTHE W T
FACT OR FACTS
LITIGATION TO OR PENDING THEINCEPTION PRIOR AT DATE ORGANIZATION ANDOR INSURED PERSONS OR ARISING OFTHE PERSON OUT CIRCUMSTANCE CIRCUMSTANCES UNDERLYING OR ALLEGEDANY SUCH PRIOR IN OR PENDING LITIGATION
HELDTO VARY ALTER AIVE OR EXTEND W ANY OF THETERMS TERM CONDITIONS CONDITION PROVISIONAGREEMENTS LIMITATIONS THEABOVE MENTIONED PROVISIONS AGREEMENT OR LIMITATIONOF
HEREIN NOTHING CONTAINED SHALL BE
POLICY OTHER THANAS
ABOVE STATED
ALLOTHER TERM CONDITION AND WARRANTIES TERMSCONDITIONS WARRANTIEREMAINING UNCHANGED ATTACHED AND TO ISSUED TO
FORMING OFTHE POLICY PART NO
THI THIS ENDORSEMENTIS LISTED THE IN POLICY IT IS DECLARATION DECLARATIONSIN EFFECT ROMTHE TIME COVERAGEUNDER THIS F THI POLICY OTHERWISE EFFECTIVEATEOFTHIS ENDORSEMENT AS SHOWNBELOW THE COMMENCES D THI IS AT THE SAME TIME OR HOUR THE OF DAYAS THE POLICY EFFECTIVE BECAME
IF
EFFECTIVE DATE
ENDORSEMENT NO
COUNTERSIGNED BY
AUTHORIZED REPRESENTATIVE
DATE
STHOOLLG ED
6192
QWEST0001
ROYAL
Case 1:04-cv-00725-RPM Document 41-3 Filed 07/01/2005 Page 15 of 35 THI THIS ENDORSEMENT THE POILCY CHANGE CHANGES PLEASE READ IT CAREFULLY
INSURANCE
MPLOYMENT
PRACTICE
LIABILITY
IN CONSIDERATION THE PREMIUM OF IT CHARGEDIS HEREBYNDERSTOODND AGREED U A THATCOVERAGEAFFORDED THI EXTENDED TO COVER LOSS FROM BY THIS POLICY IS LOS EMPLOYMENT PRACTICE CLAIM PRACTICES CLAIMS AGAINST AN INSURED PERSON SUBJECT ALLTERMS OFTHISENDORSEMENT ALL THI TO TERM AND OTHER TERM CONDITION AND EXCLUSIONS TERMSCONDITIONS EXCLUSION OFTHEPOLICY
DEFINITION DEFINITIONS
IT
IS
FURTHERNDERSTOOD U AND AGREED THATFOR THE PURPOSEOFTHISENDORSEMENT THI
T ONLYHEFOLLOWING DEFINITION SHALL DEFINITIONS APPLY
SHALLMEAN ANY CLAIM RELATING TO PAST PRESENTR PROSPECTIVE O OF EMPLOYEE ORGANIZATION OR ARISING OF ANY ACTUAL CONSTRUCTIVE FOR OUT OR ALLEGED WRONGFUL DISMISSAL DISCHARGE OR TERMINATIONOF EMPLOYMENT WRONGFUL FAILURE EMPLOY PROMOTE WRONGFUL TO OR DISCIPLINARY ACTION WRONGFUL EMPLOYEE EVALUATION ANY MANNER OF SEXUAL OR WORKPLACE HARASSMENT MANNER OF UNLAWFUL ANY DISCRIMINATIONOR WRONGFUL FAILURE TO PROVIDE ADEQUATE EMPLOYEE POLICIE POLICIESAND PROCEDURES THE INSURED
EMPLOYMENT PRACTICE CLAIMS PRACTICES CLAIM
EMPLOYMENTRACTICES CLAIMS SHALLINCLUDE CLAIMS PRACTICE CLAIM P CLAIM UNDER LOCAL STATE OR FEDERAL LAW BROUGHT WHETHER OR STATUTORY INCLUDESBUT AND INCLUDE ARE NOT LIMITEDTO ALLEGATIONS ALLEGATION OFVIOLATIONS THE FOLLOWING VIOLATION OF FEDERAL LAW LAWS AS ALL REGULATION AMENDEDINCLUDINGREGULATIONS PROMULGATED THEREUNDER
COMMON 1
AND FAMILY
MEDICAL LEAVE ACT OF 1993
2 3 4
AMERICAN AMERICANS WITH DISABILITIESACT OF 1992 DISABILITIE CIVIL RIGHTS OF1991 RIGHTACT
ADA
AGE DISCRIMINATION EMPLOYMENT OF 1967 IN ACT
OF 1990
ADEA INCLUDING OLDER WORKERSBENEFIT PROTECTIONCT THE WORKER A 1983 INCLUDING PREGNANCYISCRIMINATION D ACT
OF
5
TITLE VII OF THE CIVIL RIGHTS RIGHT LAW OF 1964 1978 CIVIL RIGHTS OF 1866 SECTION 1981 AND RIGHTACT
AS AMENDED
6 7
FIFTHAND FOURTEENTH AMENDMENT OFTHE US AMENDMENTS
CONSTITUTION
PERSON SHALLINCLUDE THE FOR PURPOSE PURPOSESOF EMPLOYMENT PRACTICE CLAIM PRACTICES CLAIMS ONLY OFFICER ANY DIRECTOR OF EMPLOYEE THE COMPANY WHETHERSUCH INDIVIDUALIS IN SUPERVISORY COWORKEROR SUBORDINATE POSITIONO THE T CLAIMANT OR CLAIMANTS OTHERWISECOVERAGE APPLYO ALLNEW DIRECTORS SHALL T DIRECTOR OFFICER OR EMPLOYEEELECTED OFFICERS EMPLOYEES APPOINTED OR HIRED AFTER THE INCEPTION OF THE DATE POLICY
OR
INSURED
RSU
EPLNAP
595
PAGE
OF
QWEST0001
ROYAL
Case 1:04-cv-00725-RPM Document 41-3 Filed 07/01/2005 Page 16 of 35 THI THIS ENDORSEMENT THE POLICY CHANGE CHANGES PLEASE READ IT CAREFULLY
INSURANCE
IT
IS FURTHERNDERSTOOD U AND
PRACTICE CLAIM P EMPLOYMENTRACTICES CLAIMS ONLY AS EXCLUSION361
AGREED THATEXCLUSIONS 3B1 EXCLUSION
FOLLOW FOLLOWS
3BX5B
ARE
AMENDED
AS
THEYRELATE TO
IS DELETED ITS IN AND ENTIRETY
AS FOLLOW REPLACED FOLLOWS
THE INSURERSHALL NOT BE LIABLETO MAKE ANY PAYMENT FOR LOS LOSS IN CONNECTION WITH ANY CLAIM MADE AGAINST THE INSURED PERSONS PERSON FOR ANY ACTUALOR ALLEGED BODILY INJURYICKNESS SICKNESDISEASE OR DEATH OF ANY PERSON ASSAULT S BATTERY OR TO DAMAGE OR DESTRUCTIONOF ANY TANGIBLEROPERTY P LOS LOSS INCLUDING OF USE THEREOF OR INVASION OF PRIVACY WRONGFUL ENTRY EVICTION FALSE ARRESTFALSE IMPRISONMENT MALICIOUS OR MALICIOU
PROSECUTION EXCLUSION 3B5B
IS DELETED ITSENTIRETY IN AND
REPLACEDFOLLOWS AS FOLLOW
THE INSURERSHALL NOT BE LIABLE MAKE TO LOS ANY PAYMENT FORLOSS IN CONNECTION WITH ANY CLAIM MADE AGAINST THE INSURED PERSONS PERSON
BYAN
LNSUREDPERSON OR INSURED
ORGANIZATION DEFINED IN AS
AN
THI THISPOLICY XCEPT E INSURED PERSON WHO IS
OR WAS
CLAIM BROUGHT AN INSURED PERSON OTHERTHAN BY DIRECTOR OFTHECOMPANY THEIR FOR ALLEGED
EMPLOYMENT PRACTICE PRACTICES CLAIMS
NOTHINGEREIN CONTAINED SHALLBE HELD TO VARY ALTER H WAIVE OR EXTEND ANY OF THE TERMS TERM CONDITIONS PROVISIONS CONDITION PROVISION AGREEMENT AGREEMENTS OR LIMITATIONS THE BELOWMENTIONED POLICY LIMITATION OF OTHER THAN AS ABOVE STATED
ALLOTHER TERM CONDITION AND WARRANTIES TERMS CONDITIONS WARRANTIEREMAINING UNCHANGED ATTACHEDTO AND FORMING OFTHE PERT NO POLICY ISSUED TO
THI THIS ENDORSEMENT IS LISTEDIN THE POLICY IT IS DECLARATION DECLARATIONSIN EFFECT ROMTHETIME COVERAGEUNDER THISPOLICY F THI COMMENCES EFFECTIVE DATE OF THIS ENDORSEMENTIS AS SHOWN BELOWAT THE THI SAME TIME OR HOUROFTHE DAYAS THE POLICY BECAME EFFECTIVE
IF
THE OTHERWISE
EFFECTIVE DATE
ENDORSEMENT NO
COUNTERSIGNED BY
AUTHORIZED REPRESENTATIVE
DATE
UI
EPINAP
595
PAGE
OF
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Document 41-3
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IT
Page 17 of 35
THI THIS ENDORSEMENT CHANGES CHANGE THE
ROYAL
INSURANCE
PLEASE POLICY
CAREFULLY
INSURED
AMENDED
TO INCLUDE
SUBSIDIARIE SUBSIDIARIES
IN CONSIDERATION THE PREMIUM OF IT CHARGEDIS INSURED
IS ORGANIZATIONDELETEDIN
HEREBY UNDERSTOOD AGREED SECTION2 DEFINITIONS AND THAT DEFINITION ITS ENTIRETY REPLACED THEFOLLOWING AND WITH
INSURED ORGANIZATION MEAN MEANS THEORGANIZATION NAMED IN ITEM OF THE DEDARATIONS DEDARATION AND ANY SUBSIDIARY EXISTING TO OR AT THEINCEPTION PRIOR DATEOFTHISPOLICY LISTED THI AND ON THE APPLICATION ATTACHED THIS POLICY ADDITION THI IN INSURED ORGANIZATION SHALL MEAN CREATED OR ACQUIRED ANY SUBSIDIARY AFTER THE INCEPTION OF THE POLICY DATE TO SUBJECTSECTION4 CONDITION MERGERONSOLIDATIONR ACQUISITION C O HEREINCONTAINED NOTHING SHALL BE HELD TO VARY AFTER WAIVE OR EXTENDANY OFTHE TERMSCONDITIONS TERM CONDITION PROVISIONAGREEMENTS OR LIMITATIONS THE BELOWMENTIONEDPOLICY PROVISIONS AGREEMENT LIMITATIONOF OTHERTHAN AS ABOVE STATED
ALL OTHER TERMS CONDITION AND WARRANTIES TERM CONDITIONS WARRANTIEREMAINING
UNTHANGECI
ATTACHEDTOAND ISSUED TO
FORMING OF THE POLICY PART NO
EFFECTIVE
THI THIS ENDORSEMENTIS LISTED THE POLICY IN IT IS DECLARATION DECLARATIONS IN EFFECT ROMTHE TIME COVERAGE F UNDER OTHERWISE EFFECTIVEATE OF THISENDORSEMENT AS SHOWN BELOWAT THE SAME TIME HOUR THE D THI IS
IF OR
THI THIS POLICY COMMENCES
OF THE DAYAS THEPOLICY BECAME
EFFECTIVE DATE
ENDORSEMENT NO
COUNTERSIGNED BY
AUTHORIZED REPRESENTATIVE
DATE
QWEST0001
Case 1:04-cv-00725-RPM
Document 41-3
Filed 07/01/2005
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IT
Page 18 of 35
ROYAL
INSURANCE
THI THIS ENDORSEMENT CHANGETHE CHANGES
PLEASE POLICY
CAREFULLY
DIRECTOR DIRECTORS OUTSIDE
AND
OFFICER OFFICERS
LIABILITY
POLICY
BOARD
EXTENSION
TYPE B
OFTHEINSURED PERSONS SERVING DIRECTOR PERSON AS OFFICER OR
PREMIUM FORTHI CHARGED THISPOLICYIS UNDERSTOOD AGREEDHATTHEINSURANCE IT AND T PROVIDED TO POLICY SUBJECT TERM TERMSAND CONDITIONS EXTENDEDTO INCLUDE IS CONDITION FOR COVERAGE LOSS LOS OUT
IN CONSIDERATION FTHE O
ARISING
ORGANIZATION WHERESUCH INSURED PERSONIS ENTITLEDO INDEMNIFICATION T BYTHEINSURED ORGANIZATION
FOR TRUSTEE ANY ELEEMOSYNARY CORPORATION OR
COVERAGE OFFERED THIS ENDORSEMENT BYTHI DOE DOES NOT EXTEND
TO OR FOR ANY INDIVIDUALWHILE
AFOREMENTIONED CAPACITIE FOR CAPACITIES ELEEMOSYNARY CORPORATIONORGANIZATION OR AS
PENSION ANDOR WELFARE PLANOR FOR CLAIM CLAIMS FOR MEDICAL MALPRACTICE BUT INCLUDING NOT LIMITED
IN SERVINGTHE FOR FIDUCIARY ANY
RENDERING OR FAILURE RENDER ANY MEDICALSERVICEANDOR THE TO FAILURE EFFECTND TO A
MALPRACTICE INSURANCE
IT
TO THE
MAINTAIN MEDICAL
IS COVERAGE TO BE EXCESS OF ANY DIRECTORND OFFICER EXCES A LIABILITY INSURANCEANDOR DIRECTOR AND OFFICER REIMBURSEMENTINSURANCEPROVIDEDORTO OR BY F ANY OF THE AFORESAID ELEEMOSYNARY CORPORATION CORPORATIONS OR
IS
FURTHER THAT THI THIS EXTENSION AGREED OF
ORGANIZATIONS
HEREIN CONTAINED NOTHING SHALL BE
HELDTO VARY ALTER WAIVE
OR
EXTEND ANY OF THE
AS
PROVISIONAGREEMENTS LIMITATIONS PROVISIONS AGREEMENT OR LIMITATION OFTHE ABOVE MENTIONEDPOLICY OTHER THAN
ALT OTHER TERMS TERM CONDITIONS CONDITION AND WARRANTIES WARRANTIE REMAINING
TERM CONDITION TERMSCONDITIONS
ABOVE STATED
UNCHANGED
ATTACHEDTOAND ISSUED ITO
FORMING OFTHE POLICYO PART N
THI THIS ENDORSEMENTIS LISTED THE POLICY IN IT IS DECLARATION DECLARATIONSIN EFFECT ROMTHE TIME COVERAGEUNDER THIS POLICY F THI COMMENCES THE OTHERWISE EFFECTIVE ATE OFTHISENDORSEMENT AS SHOWN BELOWAT THE SAME TIME D THI IS OR HOUR OF THE DAY THE AS BECAME POLICY EFFECTIVE
IF
EFFECTIVE DATE
ENDORSEMENT NO
COUNTERSIGNED BY
AUTHORIZED REPRESENTATIVE
DATE
SUOO1OO
ED 692
QWEST0001
LAD Case 1:04-cv-00725-RPM INSURANCE ROYAL
Document 41-3
Filed 07/01/2005
Page 19 of 35
THI THIS ENDORSEMENT CHANGETHE CHANGES
PLEASE POLICY
READ
IT
CAREFULLY
IN CONSIDERATION THE PREMIUM OF IT CHARGED IS SECTION 2 DEFINITIONS DEFINITION IS DELETED IN ITS
FOLLOWING
HEREBY UNDERSTOOD AND AGREED THAT AND IS REPLACED THE ENTIRETY BY
CLAIM
MEAN MEANS
OR SERVICES RECEIVED BY AN INSURED SERVICE PERSON THAT ANY PERSON OR INTEND INTENDSTO HOLD ANY INSUREDPERSON ENTITY FOR WRONGFUL OR RESPONSIBLE ACT
WRITTEN
OR
ORAL DEMAND
FOR MONEY
ANY ARBITRATION FOR PROCEEDING MONETARYRELIEF
THI THIS ENDORSEMENTEFFECTIVE FORM FORMSPARTOF POFICY NUMBER ISSUED TO
BY ENDORSEMENT NO
QWEST0001
Case 1:04-cv-00725-RPM
ROYAL
INSURANCE
THI THIS ENDORSEMENT CHANGETHE CHANGES
Document 41-3
Filed 07/01/2005
IT
Page 20 of 35
POLICY PLEASE READ
CAREFULLY
MARITAL
ESTATE
EXTENSION
IN CONSIDERATION THE PREMIUM OF IT CHARGED IS HEREBYNDERSTOOD U AND AGREED THATTHE SUBJECT OTHERWISE THE TERMSTHEREOF TO TERM THI THIS POLICY MAY COVER LOSS ARISING LOS FORMANY DAIMS MADE AGAINST DAIM THE UNLAWFUL SUCH STATUSIS DERIVED BY REASON OF SPOUSE WHERE STATU LAW STATUTORYOR COMMON LAWOF AN INSURED ORGANIZATION CLAIMS FOR CLAIM ARISINGOLELYUT OFHIS OR HERSTATUS O S STATU AS THE SPOUSE OF AN INSURED ORGANIZATION SUCH DAIM INCLUDING DAIMS THAT SEEK DAMAGE RECOVERABLEFROM MARITAL COMMUNITYROPERTY P HELD PROPERTY JOINTLY BY THE INSURED ORGANIZATION THE SPOUSE OR AND TRANSFERRED FROMTHE INSURED ORGANIZATIONTHE PROPERTY TO SPOUSE PROVIDED THATTHI HOWEVER THIS EXTENSIONSHALLNOT AFFORD ANY COVERAGEFOR ANY CLAIM FOR ACTUALOR ALLEGED ANY ACT ACTS WRONGFUL OF THE SPOUSE AND THATTHIS POLICYHALLNOT THI S APPLY TO ONLY ACTUALOR ALLEGED WRONGFUL ACT ACTS OF AN INSURED ORGANIZATION TO SUBJECTTHE FULL TERM POLICYTERMSAND CONDITIONS POLICYS
ALLOTHER TERM CONDITION AND WARRANTIES TERMSCONDITIONS WARRANTIE REMAINING UNCHANGED ATTACHEDTO AND ISSUED TO
FORMING OFTHE POLICY PART NO
THI THIS ENDORSEMENTIS LISTEDIN THE POLICY DECLARATION DECLARATIONSIN EFFECT IT IS FROMTHE TIME COVERAGEUNDERTHIS THI POLICY COMMENCES OTHERWISE EFFECTIVE THE DATE OF THIS ENDORSEMENT AS SHOWN BELOW THI IS AT THE SAME TIME OR HOUR OF THE DAYAS THE POLICY BECAME EFFECTIVE
IF
EFFECTIVE DATE
ENDORSEMENT NO
COUNTERSIGNED BY
AUTHORIZEDREPRESENTATIVE
DATE
RSUJ00054
ED
692
QWEST00020
P
Case 1:04-cv-00725-RPM
THI THIS ENDORSEMENT
LIIIJJ
ROYAL
INSURANCE
Document 41-3 Filed 07/01/2005 Page 21 of 35 THE POLICYLEASE READ IT CAREFULLY P CHANGE CHANGES
ENTITY
SECURITIE SECURITIES
CLAIM
COVERAGE
EXTENSION
IN CONSIDERATION OFTHEPREMIUM IT IS CHARGED SECTION1 INSURING INSURING CLAUSE CLAUSE
IS
UNDERSTOOD AGREED AND HEREBY THAT
AMENDED IN PART Y THEADDITIONOF THEFOLLOWING B
THAT THE PERIOD ANY SECURITIES ORGANIZATION IF DURING POLICY SECURITIE FIRST ADE AGAINST M THEINSURED ORGANIZATION WRONGFUL AND IS FOR ACT IN ACCORDANCE WITH SECTION4 CONDITION REPORTED OF THIS POLICYHE INSURER THI T CLAIM
IS
WITH THEINSURED
IOOZOF LOSS WHICH THE INSURED ORGANIZATION LOS IS LEGALLY ORGANIZATION TO PAY IN EXCESS OFTHERETENTIONAPPLICABLETO OBLIGATED EXCES CLAUSE INSURING THE REMAINING TO REMAIN UNINSURED TO THE LIMIT OF UP IN SET LIABILITY FORTH ITEM OFTHEDECLARATIONAGE P
ON
WILLPAY
BEHALFOFTHEINSURED
2
SECTION DEFTNITIIONS 2 DEFTNITIION
OFTHIS POLICY AMENDED THI IS
AS
FOLLOW FOLLOWS
THE FOLLOWING DEFINITION ADDED IS
JUDICIAL PROCEEDING INCLUDING APPEALHEREFROM T AN ANY AGAINST INSURED PERSON IN WHICH SUCH INSURED PERSON MAY BE SUBJECTED BINDING TO OF ADJUDICATION FORDAMAGE OR LIABILITY DAMAGES OTHER SUCH IN RELIEF ROVIDED PROCEEDINGWHOLEOR IN P PART ALLEGE ALLEGESVIOLATION OF THE SECURITIES SECURITIE ACT OF 1933 THE SECURITIES SECURITIE ACT OF 1934 THE SECURITIES SECURITIE LAWS OF ANY STATE OR ANY RULES OR LAW EXCHANGE RULE AND REGULATION REGULATIONS PROMULGATED THEREUNDER II ALLEGES WRONGFUL IN ACT ALLEGE CONNECTION WITH THE PURCHASE SALE OF OR OFFER PURCHASE SELLANY OR TO OR
MEAN MEANS
SECURITIE SECURITIES
CLAIM
CLAIM
WHICH
IS
CIVIL
SECURITIEISSUEDBY SECURITIES THEINSURED
WHETHER SUCHPURCHASE OR ORGANIZATION SALE OFFER OCCUR OCCURS WITHRESPECT THEINSURED ORGANIZATIONS TO ISSUANCE SECURITIES OF SECURITIE ORGANIZATION OR IN THEAFTERMARKET FOR PURPOSES OF COVERAGEUNDER INSURING CLAUSE PURPOSE WHEREVER SEDIN THISPOLICYARE AMENDED U DEFINITION DEFINITIONS THI CLAIM SHALL INCLUDE SECURITIESCLAIM SECURITIE SHALL INCLUDETHE INSURED ORGANIZATION
ONLY THE FOLLOWING
INSURED PERSON
PAGE
OF
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Case 1:04-cv-00725-RPM
THI THIS ENDORSEMENT
Document 41-3
Filed 07/01/2005
IT
Page 22 of 35
LJJ
ROYAL
INSURANCE
PLEASE READ CHANGE THE POLICY CHANGES
CAREFULLY
ITEM
AS
RETENTION
REIMBURSEMENT THE DECLARATIONS OF COMPANY DECLARATIONIS
AMENDED
TO
READ
FOLLOW FOLLOWS EACHSECURITIES SECURITIE CLAIM UNDER CLAUSE INSURING
75000
ANDOR
THE EXCLUSIONS FORTH SECTION3 EXCLUSIONS EXCLUSION SET IN EXCLUSION AL DO NOT WITH TO UNDER APPLY RESPECT COVERAGE CLAUSE CLAUSES INSURING
AND
OR
OF THIS POLICY THI
C
SECTION3 EXCLUSIONSOFTHEPOLICY AMENDEDTO ADDTHE FOLLOWING EXCLUSION IS EXCLUSION EXCLUSIONS THE INSURER SHALL NOT BE LIABLEUNDER CLAUSE INSURING
TO MAY ANY PAYMENT FOR LOS LOSS IN CONNECTIONWITH ANY SECURITIES CLAIM MADE AGAINST SECURITIE THE INSURED BASED UPON ARISING OF DIRECTLY OUT ORGANIZATION OR INDIRECTLY RESULTING IN FROM
O CONSEQUENCE F OR IN ANY WAY INVOLVING CLAIM DEMAND OF ACTION CAUSE ANY LEGAL OR QUASILEGAL OR ADMINISTRATIVE PROCEEDING PROCEEDING PENDING ORDERS OR ORDER DECREE DECREES
THE JUDGMENT NTERED GAINST INSUREDPERSONS THE INSURED ORGANIZATION JUDGMENTS E PERSON OR A OR ANY FACTCIRCUMSTANCE SITUATION OR OR ALLEGED UNDERLYING THEREIN OR PRIOR ON TO THE EARLIER THE EFFECTIVE OF ENDORSEMENT THE PENDING OR CLAIM DATE IF ANY SET
OR
FORTHELOW B CLAIM PENDING FEBRUARY 24
DATE
1998
THE INSURER SHALLNOT BE LIABLEUNDER CLAUSE INSURING FOR THAT OFLOSS OTHER THANDEFENSE PART LOS EXPENSE EXPENSES WHICH IS BASED UPON
TO
MAKE ANY PAYMENT
OUT OR INDIRECTLY ARISING OF DIRECTLY RESULTING
FROM IN CONSEQUENCE OR IN ANY WAY INVOLVING ACTUAL OR OF THE THE INSURED ORGANIZATION PROPOSED PAYMENT BY FOR ALLEGEDLY
INADEQUATE OR UNFAIR CONSIDERATION IN
CONNECTION WITH ITS PURCHASE OF
SECURITIEBY SECURITIES THEINSURED ORGANIZATION WITH RESPECT THESTATEMENTSMADE IN THE TO STATEMENT APPLICATIONNLYHEKNOWLEDGE O T POSSESED THE SIGNER THEAPPLICATIONHALL IMPUTEDTHEINSURED OF BY S BE TO FOR ORGANIZATION THE EXISTENCE AND EXTENT OF COVERAGE PURPOSE PURPOSES OF DETERMINING UNDER C CLAUSE INSURING
QWEST00022
Case 1:04-cv-00725-RPM
THI THIS ENDORSEMENT
Document 41-3 Filed 07/01/2005 Page 23 of 35 P CHANGE THE POLICYLEASE READ IT CAREFULLY CHANGES
ROYAL
INSURANCE
SECTION
OF THIS POLICY DELETED IN ITS THI IS
AND WITH ENTIRETY REPLACED THE
FOLLOWING
3
FROM CLAIM IS COVERED WHOLEOR PART IN RESULTING UNDERMORE THAN ONE C RETENTIONSET FORTH ITEM IN INSURINGLAUSETHE APPLICABLE OF THE SHALL APPLIED BE DECLARATION DECLARATIONS TO THAT OFTHELOSS RESULTING LOS SEPARATELY PART FROM THE CLAIM PROVIDED THAT THETOTAL RETENTIONAS FINALLY HOWEVER DETERMINED SHALL NOT EXCEEDTHE LARGEST RETENTION SET FORTH ITEM IN OF THE DECLARATIONS DECLARATION
IF LOSS LOS
PAGE
WITH RESPECT EACH LOSS ON ACCOUNT OF SECURITIES CLAIMS THE RETENTION TO LOS SECURITIE CLAIM TO AND ONLY DEFENSE EXPENSES NOT DAMAGES SETTLEMENTR APPLIE APPLIES EXPENSE DAMAGE O JUDGMENTS OTHER THAT LOS LOSSPROVIDED HOWEVER IF THESECURITIESCLAIM SECURITIE RESOLVED WITH SETTLEMENT OR
IS
AND FULLY FINALLY
WITH PREJUDICE RESPECT THE INSURED PERSONS WITHOUT ANY TO PERSON INSURED PERSONS PERSON BECOMING LEGALLY TO PAY DAMAGE OBLIGATED ANY MONETARYDAMAGES OR
AMOUNT AMOUNTS ON ACCOUNT OF THE SECURITIES CLAIM NO SECURITIE JUDGMENT JUDGMENTS RETENTIONSHALL WITH RESPECT ANY LOSS INCLUDINGEFENSE EXPENSES TO LOS D APPLY EXPENSE
ON
ACCOUNT
OF THE SECURITIESCLAIM SECURITIE
H SHALLBE HELDTO VARY ALTER NOTHINGEREINCONTAINED WAIVE OR EXTEND ANY OF THE TERMS TERM OR LIMITATIONS LIMITATION OF THE BELOW MENTIONED POLICY CONDITION CONDITIONS PROVISION PROVISIONS OTHER AGREEMENT AGREEMENTS THANAS ABOVESTATED
WARRANTIE REMAINING ALLOTHER UNCHANGED TERM CONDITION TERMS CONDITIONSAND WARRANTIES
ATTACHEDTO AND ISSUED TO
NO FORMING OFTHE POLICY PART
THI IT FROMTHETIME COVERAGE UNDERTHISPOLICY COMMENCES THI THISENDORSEMENT LISTED THE POLICY IS IN DECLARATION IS DECLARATIONS IN EFFECT HOUR OFTHE DAY AS THE POLICY THE D THI IS OTHERWISE EFFECTIVEATE OFTHIS ENDORSEMENT AS SHOWNBOW AT THE SAME TIME OR
IF
BECAME EFFECTIVE EFFECTIVE DATE
ENDORSEMENT NO
COUNTERSIGNED BY
AUTHORIZED
REPRESENTATIVE
DATE
QWEST00023
ROYAL
Case 1:04-cv-00725-RPM Document 41-3 Filed 07/01/2005 Page 24 of 35 THI THIS ENDORSEMENT CHANGETHEPOFICY CHANGES PLEASE READ IT
CAREFULLY
COLORADO AMENDATORY CANCELLATION
IN CONSIDERATION FTHE O PREMIUMCHARGED IS IT AND REPLACED THE BY
NONRENEWAL
FOLLOWING
HEREBY UNDERSTOOD AND AGREED THAT THE CANCELLATION LAUSE IS C
DELETED
THI THIS
POLICY MAY
AT ANY TIME TO ROYAL PECIALTY S
BE CANCELLED THE INSURED BY ORGANIZATION TIME BYWRITTEN AT ANY NOTICEOR BYSURRENDER F THIS POLICY O THI INC AT UNDERWRITING THEADDRESSSHOWN IN THEDECLARATIONS ADDRES DECLARATION PAGE
OR NONRENEWED BY ROYAL SPECIALTY INC UNDERWRITINGON BEHALF ORGANIZATION MAILING THE LNSURED ORGANIZATION OR BY TO CERTIFIEDOTHER OR BY REGISTERED FIRST LASSMAIL TO THE ADDRESS SHOWN IN THIS CLAS C ADDRES THI POLICY RITTEN W NOTICESTATING WHENNOT LESS THANSIXTY LES 60 DAYS DAY THEREAFTERCANCELLATION NONRENEWAL WILL BECOME THE EFFECTIVE THE MAILING SUCH NOTICE WILLBE OF SUFFICIENT O PROOFFNOTICE AND THIS POLICY TERMINATE THEDATE THI WILL AT AND HOUR SPECIFIED THE NOTICE IN IF
THE POLICY MAY ALSOBE CANCELLED ANY TIME AT OF THE INSURER BY DELIVERYTHE INSURED TO
THI THIS POLICY CANCELED BY THE INSURED IS
PROPORTION OF THE PREMIUM HEREON
IF
ORGANIZATION THE
INSURER WILL RETAIN
THE
SHORT CUSTOMARY
RATE
CANCELLATIONUTSUCH PAYMENT WILL BE MADE AS SOON B AS PERIOD LIMITATION OF TO THE RELATING GIVING NOTICEIS PROHIBITED MADE VOID OF OR BYANY LAW CONTROLLING THE CONSTRUCTION THEREOFUCH PERIODWILL BE DEEMED TO BE S AMENDED SO AS TO BE EQUALTO THE MINIMUM OF PERMITTEDBY SUCH LAW PERIOD LIMITATION
IF THE INSUREDORGANIZATION FAIL FAILSTO 10 DAYS DAY WRITTEN NOTICE
THI THIS POLICY CANCELED BY THE IS INSURER INSURERWILL RETAIN THE PAYMENT TENDEROF ANY UNEARNED PREMIUM BYTHE INSURER OR IS
OF PROPORTION THE PREMIUM HEREON CONDITION PRECEDENTO THE EFFECTIVENESS T EFFECTIVENESF O PRACTICABLE AFTER THE CANLLATION DATE IS EFFECTIVEIF THE NOT
THE PRO RATA
PAY ANY PREMIUM WHEN DUE THE INSURER MAY CANCEL THE
POLICY UPON
TEN
THE INSURER SHALL NOT BE REQUIRED RENEW THIS TO THI POLICY UPON ITSEXPIRATION
ENDORSEMENT
RSUIT00041 1095
NUMBER
QWEST00024
Case 1:04-cv-00725-RPM ROYAL
INSURANCE
Document 41-3
Filed 07/01/2005
IT
Page 25 of 35
THI THIS ENDORSEMENT CHANGETHE CHANGES POLICY PLEASE READ
CAREFULLY
COLORADO AMENDATORY
TMCLAIM INFORMATION REQUEST
IT CHARGED IS HEREBYNDERSTOOD U AND AGREED THATTHE LNSUREDS LNSURED WILL BE ABLE TO OBTAINREASONABLE INFORMATION ABOUT CLOSED PAIDCLAIMS OR OCCURRENCES WHICH OR CLAIM OCCURRENCE IN MAY RESULT CLAIM IN THE EVENT OFPOLICY CANCELLATION NONRENEWAL OR
IN CONSIDERATION THE OF PREMIUM
NOTHING HEREIN CONTAINED SHALLBE HELDTO WAIVE OR EXTEND ANY OF THE TERMS VARY ALTER TERM CONDITIONS CONDITION PROVISION PROVISIONS AGREEMENTOR LIMITATION AGREEMENTS LIMITATIONS THE BELOW OF MENTIONEDPOLICY OTHER THANAS ABOVE STATED
ALLOTHERTERMS OTHERTERM CONDITION AND WARRANTIES CONDITIONS WARRANTIE REMAINING UNCHANGED ATTACHED AND FORMING OFTHE TO PART N POLICYO ISSUED TO
THI THIS ENDORSEMENTIS LISTED THE POLICY IN IT IS DECLARATION DECLARATIONSIN EFFECT ROMTHE TIME COVERAGEUNDER THIS F THI POLICY COMMENCES THE OTHERWISE EFFECTIVE DATE OFTHIS ENDORSEMENTIS AS SHOWNBELOW THI AT THE SAME TIME OR HOUROF THE DAYAS THE BECAME EFFECTIVE POLICY
IF
EFFECTIVE DATE
ENDORSEMENTNO
10
COUNTERSIGNECI BY
AUTHORIZEDREPRESENTATIVE
DATE
RSU1T00042 1095
QWEST00025
Case 1:04-cv-00725-RPM
Document 41-3
Filed 07/01/2005
IT
Page 26 of 35
ROYAL
INSURANCE
THI THIS ENDORSEMENT CHANGETHE CHANGES POLICY PLEASE READ
CAREFULLY
COLORADO DISCLOSURE FORM
IMSMADE
POLICY
IMPORTANT
NOTICE
TO POLICY
HOLDER
YOUR POLICY IT MERELY POLICY FORM READ YOUR RIGHT DUTIES RIGHTS DUTIE AND WHAT IS AND IS NOT COVERED ONLY DETERMINE THE SCOPE OF YOUR INSURANCE PROTECTION
THI THIS
DISCLOSURE FORM IS NOT FEATURE FEATURES OF OUR CLAIMSMADE
DESCRIBE DESCRIBES SOME OF THE MAJOR POLICY CAREFULLY TO DETERMINE THE PROVISION PROVISIONS OF YOUR POLICY
YOUR POLICY CLAIMSMADE IS IT APPLIE ONLY CLAIMS MADE POLICY APPLIES TO CLAIM AGAINST THE INCEPTION YOU AFTER DATE AND BEFORE THE END OF THE POLICY PERIOD INVOLVING ACT WRONGFUL THATOCCURS AFTER POLICY OCCUR THE RETROACTIVE DATE UPON TERMINATION OF YOURPOLICY EXTENDED REPORTING AN PERIOD MAY BE AVAILABLE
CCJRRENCE
TRE
IS NO
VS
CLAIMSMADE
DIFFERENCE THE KINDS OF INJURY DAMAGE IN KIND AND COVERED BY EITHER AN OCCURRENCE POLICY OR CLAIM CLAIMS CIAIM CIAIMS FOR DAMAGES POLICY DAMAGE MAY BE ASSIGNED DIFFERENT TO POLICY PERIOD PERIODS HOWEVER DEPENDING WHICH ON HAVE PURCHASED POLICY YOU
MADE IN AN OCCURRENCE
PICY PERIOD NO
POLICYCOVERAGEIS PROVIDEDORLIABILITY F BECAUSE
OF
MATTER WHEN THECLAIM IS MADE
ACT WRONGFUL
THAT
OCCUR OCCURS
DURINGTHE
WRONGFULCT IF THE CLAIM FOR A FOR DAMAGES DAMAGE BY AN INJUREDARTY BUT IT DOES NOT HAVE TO BE IN P DOE WRITINGUNDER MOST CIRCUMSTANCES CIRCUMSTANCE CLAIM IS CONSIDERED MADE WHEN IT IS RECEIVEDAND RECORDED YOU OR BYUS BUT BY SOMETIME SOMETIMES CLAIM MAY BE DEEMED MADE AT AN EARLIER TIME THI THIS CAN HAPPEN WHEN ANOTHER CLAIM FORTHE SAME INJURY DAMAGE OR HAS ALREADY BEEN MADE OR WHEN THE CLAIM IS RECEIVEDAND RECORDED AN DURING EXTENDED REPORTING PERIOD PRINCIPAL BENEFITS BENEFIT
THI THIS POLICY PROVIDE COVERAGEFOR PROVIDES DIRECTOR AND DIRECTORS POLICY THE PRINCIPAL BENEFIT BENEFITSAND COVERAGES COVERAGE ARE AND CONSULT ABOUT YOURAGENT OFFICER LIABILITY TO THE MAXIMUM OFFICERS UP
IN YOUR CLAIMSMADE DAMAGE IS DAMAGES FIRST ADE M
POLICY FOR LIABILITY COVERAGEIS PROVIDED BECAUSE OF DURING POLICYPERIOD THE CLAIM MUST BE THE DEMAND
DOLLAR LIMIT SPECIFIED IN
THE
IN EXPLAINED DETAILIN YOUR CLAIMSMADE ANY QUESTIONS MIGHT QUESTION HAVE YOU
POLICYPLEASE
READ
IT
CAREFULLY
EXCEPTION EXCEPTIONS
REDUCTION
AND LIMITATIONS LIMITATION
YOUR CLAIMSMADE POLICY CONTAIN CERTAIN CONTAINS
CONSULT YOUR AGENT ABOUT
EXCEPTION REDUCTIONSAND LIMITATIONS PLEASE READ THEM EXCEPTIONS REDUCTION QUESTION ANY QUESTIONS MIGHT HAVE YOU
AND CAREFULLY
SURROOO
1095
PAGE
OF
QWEST00026
Case 1:04-cv-00725-RPM Document 41-3 Filed 07/01/2005 Page 27 of 35 THI THIS ENDORSEMENT CHANGETHE CHANGES POLICY PLEASE READ IT CAREFULLY ROYAL
INSURANCE
RENEWAL RENEWALS
TAIL TAILS AND
EXTENDED
SOME
REPORTING
PERIOD PERIODS
YOUR CLAIMSMADE POLICY HAS OCCURRENCE WITH COVERAGE OF OCCURRENCES BELOW
FEATURE RELATING RENEWAL EXTENDED FEATURES UNIQUE TO REPORTING PERIOD PERIODS AND LONG PERIOD OF PERIODS EXPOSURE THESE SPECIALCLAIMSMADE PROVISIONARE DESCRIBED PROVISIONS
SPECIAL
CLAIMSMADE
PROVISION PROVISIONS
TWO CONCEPTS TO CONCEPTRELATING CONTINUITY COVERAGE UNDER THE CLAIMSMADE OF UNDERSTANDTHESE INVOLVE THE RETROACTIVE DATE AND THE EXTENDED
POLICY ARE ESPECIALLY IMPORTANT TO
REPORTING PERIOD
RETROACTIVE DATE
DJHEN YOU HAVE RETROACTIVE DATE ENTERED ON THE DECLARATIONS DECLARATION PAGE THERE IS NO COVERAGE FOR THATOCCURRED BEFORE THE RETROACTIVE DATE EVEN IF THE CLAIM IS FIRST ADE DURING POLICY M THE PERIOD
IF
WRONGFUL CT A
THERE NO RETROACTIVE IS DATE BLOCKENTERED ON THEDECLARATIONS DECLARATION PAGE THE POLICY WILL RESPOND TO CLAIM ONLY CLAIMSFIRST RVDE DURING POLICY THE FOR COVERED WRONGFUL NO MATTER WHEN THE PERIOD ACT ACT WRONGFUL OCCURRED BUT IF RIREVIOU RIREVIOUS OCCURRENCE TYPEINSURANCE ALSO APPLIES THE APPLIE TO WRONGFUL YOUR CLAIMSMADE ACT W POLICY ILL BE EXCESS EXCES THATIS IT WILL APPLY AFTERTHAT ONLY PREVIOUINSURANCE USED PREVIOUS IS
UP CANNOT BE MOVED AHEAD IN TIME EXCEPT UNDER CERTAIN CIRCUMSTANCES YOU CIRCUMSTANCE EG SUBSTANTIAL IN CHANGE YOUR OPERATIONS OPERATIONTH