Media/Professional offers, through Gulf Insurance Group, an errors and omissions policy aimed at a wide variety of service businesses and not-for-profit organizations. Written on a claims-made basis, it is designed for most service-oriented businesses that have potential E&O exposures.

2. CONTACT Director of Marketing Media/Professional Insurance 2300 Main St., #800 Kansas City  MO  64108-2404 816/471-6118

3. UNDERWRITING GUIDELINES

The published underwriting guidelines indicate that the following classes should not be submitted: accountants, architects, engineers, doctors, and lawyers.

4. AVAILABILITY OF COVERAGE

All states on a non-admitted basis; in Illinois and New Jersey on an admitted basis.

5. LIABILITY

LIMITS AND DEDUCTIBLES AVAILABLE. Primary limits up to $5 million and another $5 million as excess. The minimum premium is $2,500 and the minimum deductible is $2,500 per wrongful act.

INSURING AGREEMENT. The policy promises to pay on behalf of the named insured all sums for which he or she becomes legally liable. The liability must arise out of a “wrongful act” while the insured was performing the “insured services” for others. (Words in quotation marks are defined in the policy and are discussed below.)

DEFINITIONS. The following terms are defined:

A.     Application or Renewal Application—the application submitted by the insured, along with any other information submitted at the insurer's request.

B.     Bodily Injury—in addition to the typical definition of “bodily injury,” this policy includes the following in the definition: “disability, mental anguish, mental injury, shock, or fright resulting in or from bodily injury.”

C.     Claim.

D.     Claim Expenses—all expenses incurred in investigating and adjusting the claim. Included in claim expenses are legal fees.

E.     Damages—money judgments other than those prohibited by law. Not included are fines, penalties, etc.

F.     Deductible.

G.     Insured Service— these are described on the declarations page and are what the policy insures.

H.     Policy Period.

I.     Property Damage—physical injury to tangible property, including loss of use. Also covered is loss of use of tangible property that has not been physically damaged.

J.     Retroactive Date—a date shown on the policy prior to the effective date. The policy covers claims made back to that date, if the insured had no knowledge of the claim at the inception.

K.     Wrongful Act—Any of the following for which the insured is legally liable:

     1. Negligent acts, errors, or omissions.

     2. Oral or written material that slanders or libels

     3. Oral or written material that violates an individual's right to privacy.

     4. False arrest or detention.

     5. Wrongful entry or eviction.

     6. Malicious prosecution.

WHO IS INSURED. The following are insured by the specialty E&O policy:

A.     The named insured

B.     Stockholders for their liability as stockholders.

C.     Current and former partners, officers, directors, and employees while acting as such.

WHAT IS INSURED. The policy covers the insured's liability arising out of his or her performance of the insured services for others. It also covers personal injury committed by the insured while performing those services.

PERILS. The perils covered are defined by the exclusions.

EXCLUSIONS. The following exclusions apply to this policy:

A.     Bodily injury and property damage.

B.     Dishonest, fraudulent, or criminal acts.

C.     Copyright, trademark, or patent infringement.

D.     Violation of any antitrust laws.

E.     Racial, sexual, or any other kind of harassment, misconduct, or discrimination.

F.     Acts by any organization not named on the policy.

G.     Acts by the named insured as a partner, officer, etc. of any other organization not named on the policy.

H.     Any profit or gain made by the named insured to which he or she is not “legally entitled.”

I.     Liability assumed in a contract.

J.     Acts of the named insured as: an officer, director, shareholder, etc. of a mutual fund; a public official; or an arbitrator or mediator.

K.     Violations of ERISA; the Security Act of 1933; the SEC Act of 1934; or similar legislation.

L.     Insolvency or bankruptcy of the named insured.

M.     Pollution.

N.     Workers compensation.

O.     Performance of services that can only be performed by:

     1. A licensed architect or engineer;

     2. A licensed attorney;

     3. A CPA;

     4. A licensed medical practitioner;

     5. An actuary;

     6. An insurance agent or broker;

     7. A professional financial management consultant;

     8. Other “certifying professionals.”

P.     Claims made by an enterprise in which the named insured owns an interest or that the named insured controls.

Q.     Claims for breach of warranties, guarantees, or contracts.

CONDITIONS. Specific coverage “conditions” are spread throughout the policy. There is also a section of general policy conditions.

A.     Territory—the policy covers wrongful acts committed anywhere in the world, but the suit must be brought in the United States, its territories and possessions, Puerto Rico, or Canada .

B.     Policy period—is indicated on the policy. The policy also covers wrongful acts committed between the retroactive date and the inception date if the claim is the first brought against the insured during the policy period; if the insured had no knowledge of the circumstances leading to the claim; and if there is no other insurance covering the claim. The insured may also purchase an optional extended reporting period.

C.     Limits of insurance; deductible; and reimbursement—the limit shown on the policy covers all damages and claim expenses for all claims made during the policy period. A separate deductible applies to each wrongful act. The insurer may choose to pay damages or claim expenses in excess of the limit of liability. If so, the insured is liable to reimburse the insurer.

6. POLICY CONDITIONS

The following conditions apply:

A.     Special rights and duties of the first named insured—the first named insured is responsible for payment of all premiums and deductibles. The first named insured acts on behalf of all insureds.

B.     Duties in the event of a claim—in case of a claim, the named insured must do the following:

     1. Notify the insurer in writing;

     2. Send the insurer copies of all summonses, legal papers, etc.

     3. Authorize the insurer to obtain any necessary information.

     4. Cooperate with the insurer in the defense and investigation of the claim.

     5. Assist the insurer in enforcing its rights against anyone who may be liable to any insured.

C.     No insured may make a voluntary payment.

D.     Suit against the insurer is not allowed unless all of the policy provisions have been “fully complied with.”

E.     Bankruptcy of the insured does not relieve the insurer of its obligations under the policy.

F.     This policy is excess over any other available insurance.

G.     Subrogation.

H.     Changes—may be made only by the insurer.

I.     Cancellation—the insurer may cancel with a 10-day notice for nonpayment of the premium or with a 30-day notice for any other reason.