Preview
FILED: QUEENS COUNTY CLERK 10/10/2022 12:43 PM INDEX NO. 721231/2022
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/10/2022
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FILED: QUEENS COUNTY CLERK 10/10/2022 12:43 PM INDEX NO. 721231/2022
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/10/2022
NOTICE TO POLICYHOLDERS
Insuring Company: Federal Insurance Company
Enclosed isyour commercial insurance policy from Chubb. The bill
that corresponds with this
policy has been mailed separately. When you receive the please
bill, pay the amount due by
the date indicated. Payment should be made directlyto Chubb. As always, prompt payment
willkeep your coverage in place.
If you have any questions about the attached policy or need assistance with additional
insurance, contact your agent orbroker. For questions about call
billing, our Premium
Accounting Service Center at 1-800-372-4822. Thank you forinsuring through Chubb.
FILED: QUEENS COUNTY CLERK 10/10/2022 12:43 PM INDEX NO. 721231/2022
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/10/2022
POLICYHOLDER
DISCLOSURE NOTICE OF
TERRORISM INSURANCE COVERAGE
(for policies with no terrorism exclusion or sublimit)
Insuring Company: Federal Insurance Company
You are hereby notified that, under the Terrorism Risk Insurance Act (the "Act"), this
policy makes available to you insurance for losses arising out of certain acts of terrorism.
Terrorism is defined as any act certified by the Secretary of the Treasury of the United
States, to be an act of terrorism; to be a violent act or an act that is dangerous to human
life, property or infrastructure; to have resulted in damage within the United States,
or outside the United States in the case of an air carrier or vessel or the premises of a
United States Mission; and to have been committed by an individual or individuals as part
of an effort to coerce the civilian population of the United States or to influence the policy
or affect the conduct of the United States Government by coercion.
You should know that the insurance provided by your policy for losses caused by acts of
terrorism is partially reimbursed by the United States under the formula set forth in the
Act. Under this formula, the United States pays 85% of c.overed terrorism losses that
exceed the statutorily established deductible to be paid by the insurance company
providing the coverage. Beginning in 2016, the Federal share will be reduced by 1% per
year until itreaches 80%, where itwill remain.
However, ifaggregate insured losses attributable to terrorist acts certified under the Act
exceed $100 billion in a calendar year, the Treasury shall not make any payment for
any portion of the amount of such losses that exceeds $100 billion.
10-02-1281 (Ed. 03/2015)
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Ifaggregate insured losses attributable to terrorist acts certified under the Act exceed
$100 billion in a calendar year and we have met our insurer deductible under the Act,
we shall not be liable for the payment of any portion of the amount of such losses that
exceeds $100 billion, and in such case insured losses up tothat amount are subject to
pro rata allocation in accordance with procedures established by the Secretary of the
Treasury.
The portion of your policy's annual premium that is attributable to insurance for such acts
of terrorism is: $ -0-.
Ifyou have any questions about this notice, please contact your agent or broker.
FILED: QUEENS COUNTY CLERK 10/10/2022 12:43 PM INDEX NO. 721231/2022
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/10/2022
IMPORTANT NOTICE TO POLICYHOLDERS
Insuring Company: Federal Insurance Company
All ofthe members ofthe Chubb Group of Insurance companies doing business inthe United States
(hereinafter "Chubb") distribute theirproducts through licensed insurance brokers and agents ("producers"). Detailed
information regarding the types ofcompensation paid by Chubb to producers on US insurance transactions is
available under the Producer Compensation link located at the bottom ofthe page at or 1-
www.chubb.com, by calHng
866-588-9478. Additional information may be available from your producer.
-thank you for choosing Chubb.
10-02-1295 (ed. 6/2007)
FILED: QUEENS COUNTY CLERK 10/10/2022 12:43 PM INDEX NO. 721231/2022
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/10/2022
Notice of Loss Control Services
Insuring Company: Federal Insurance Company
As a Chubb policyholder, you have loss prevention information and/or services available to you, as
listed in this Notice. You may order any brochure by email to formsorderinq(Æchubb.com and to view
our fullsuite of loss prevention brochuresiservices go to www.chubb.com/us/fl-lç_sprevention
Directors and Officers (D&O) Liability Loss Prevention Services
" Directors and Officers Loss Prevention Manuals:
Liability
Directors and Officers Loss Preventions - #14-01-0035
Liability
Directors and Officers Securities Litigation Loss Preventions - #14-01-0448
Director Loss Prevention in Mergers and Acquisitions - #14-01-1099
Liability
Directors and Officers Loss Prevention for Not-for-Profit- -#14-01-0036
Liability
Cyber Loss Mitigation for Directors -#14-01-1199
Employment Practices Liability (EPL) Loss Prevention Services
" Toll-free Hot Line
Have a question on howto handle an employment situation? Simply call 1.888.249.8425 to access
the nationally known employment law firm of Jackson Lewis P.C. We offer customers an unlimited
number of calls to the hot line at no additional charge.
" ChubbWorks.com
ChubbWorks.com is a web-based platform that offers multiple services including overviews of
employment laws, sample employment policies and procedures, and on-line training. To gain
immediate access to ChubbWorks go to www,chubbworks.com and register using your policy
number.
" Employment Practices Loss Prevention Guidelines Manuai
Employment Practices Loss Prevention Guidelines - #14-01-0061
" Loss Prevention Consultant Services
Chubb has developed a network of more than 120 lawfirms, human resources consulting firms, and
labor economist/statistical firms that offer specialized services for employment issues.
" Public EPL Customers
Company
Employment Practices Loss Prevention Guidelines - Written Seyfarth Shaw for
by exclusively
Chubb this manual provides an overview of key employment issues faced by for-profit companies
and offers proactive idea for avoiding employment lawsuits.
" Private EPL Customers
Company
Employment Practices Loss Prevention Guidelines - Written Seyfarth Shaw for
by exclusively
Chubb this manual provides an overview of key employment issues for -profit companies and offers
proactive idea for avoiding employment lawsuits.
14-02-23030 (05/2018) Page 1 of 2
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Fiduciary Liability Loss Prevention Services
" Loss Prevention Manual
Fiduciary Liability
Who May Sue You and Why: How to Reduce Your ERISA Risks and the Role of Fiduciary
Liability Insurance #14-01-1019
Crime Loss Prevention Services
" Ransom & Extortion Loss Prevention Manual
Crime/Kidnap,
Preventing Fraud: How Anonymous Hotlines Can Help #14-01-1090
Cyber Security Loss Prevention Services
Visit: https://www2,chubb.com/us-en/business-insurance/cyber-security.aspx to learn more
about Chubb's Cyber Services for our policyholders.
Health Care Directors and Officers (D&O) Liability Loss Prevention Services
" Readings in Health Care Governance Manual
Readings in Health Care Governance -#14-01-0788
" ChubbWorks.com
ChubbWorks.com for Health Care Organizations - The Health Care Zone is a free online
resource containing health care specific loss prevention information for employment practices
liability, directors and officers (D&O) liability, and fiduciary liability exposures. To gain
immediate access to ChubbWorks go to www.chubbworks.com and register using your policy
number.
" Health Care D&O Loss Prevention Consultant Services
Health Care D& O Loss Prevention Consultant Services- #14-01-1164
____________________
The services provided are advisory in nature. While this program is offered as a resource in
developing or maintaining a loss prevention program, you should consult competent legal counsel
to design and implement your own program. No liabilityis assumed by reason of the services,
access or information provided. All services are subject to change without notice.
14-02-23030(05/2018) Page 2 of 2
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/10/2022
Notice to Purchasers of Employment Practices Liability Coverage or Fiduciary LiabilityCoverage
Insuring Company: Federal Insurance Company
As a purchaser of an Employment Practices LiabilityCoverage Section and/or a Fiduciary Liability
Coverage Section, please note that the Company has the rightand duty to defend any Claim (as such
term is defined in the Definitions section of each applicable Coverage Section) covered by each
applicable Comrage Section, unless such Coverage Section has been amended by writtenendorsement.
Defense counsel forany such Claim shallbe selected by the Company from the Company's list
of
approved defense firms. Please also note that, as a condition precedent to any rightto coverage under
each applicable Coverage Section, allClaims must be reported to the Company in writingin the manner
and within the time provided inthe Reporting and Notice provisions of such Coverage Section.
For a listof approved defense firms, please contact your insurance agent or broker, or access such listby
using the following internet address:
http://csi.chubb.corn/panel__counsel.asp
Please note that the Company reserves the rightto modify such listatany time without notice.
99-10-0769 (Ed. 9/2004)
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C F-1 LJ 8 Chubb Group of Insurance Companies
FOreFrOnt
POrtfoliO""
202B HaIFs MillRoad
Whitehouse NJ 08889 General Terms and Conditions Section
Station,
DECLARATIONS FEDERAL INSURANCE COMPANY
A stock insurance company, incorporated under the
laws ofIndiana, herein called the Company.
Policy Number: 8260-6544
THE LIABILITY COVERAGE SECTIONS OF THIS POLICY (WHICHEVER ARE PURCHASED) PROVIDE
"CLAIMS"
CLAIMS MADE COVERAGE, WHICH APPUES ONLY TO FIRST MADE DURING THE"POLICY
PERIOD", OR ANY EXTENDED REPORTING PERIOD. THE APPUCABLE LIMIT(S) OF LIABILITY TO
PAY DAMAGES OR SETTLEMENTS WILL BE REDUCED AND MAY BE EXHAUSTED, UNLESS
OTHERWISE PROVIDED HEREIN, BY "DEFENSE COSTS". IN THE EVENT THAT SUCH EXHAUSTION
COSTS"
OCCURS, THE COMPANY SHALL NOT BE LIABLE FOR "DEFENSE OR FOR THE AMOUNT OF
ANY JUDGMENT OR SETTLEMENT TO THE EXTENT THAT SUCH COST OR AMOUNT EXCEEDS THE
" COSTS"
APPLICABLE LIMIT(S) OF LIABIUTY SET FORTH IN THIS POLICY. DEFENSE WILL BE
APPLIED AGAINST THE APPUCABLE DEDUCTIBLE AMOUNT(S). READ THE ENTIRE POLICY
CAREFULLY.
Item 1. Parent Corporation: Citimedical Services PC
Principal Address: 6336 99th Street 1st Floor
Rego Park, NY 11374
Item 2. Policy Period:
(A) From 12:01 A.M. on December 27, 2019
(B) To 12:01 A.M. on December 27, 2020
Local time at the address shown inItem 1.
Item 3. A Combined Maximum Aggregate Limit of Liability option is only available ifindicated by X:
¡Yes No The Combined Maximum Aggregate Limitof Liabilityforall
Claims under allLiability Coverage Sections shall be: N/A
|tem 4. Coverage isonly available for the fo!!owing ifindicated by X:
¡Yes ¡ No Directors & Officers LiabilityCoverage Section
Yes ¡ No Employment Practices LiabilityCoverage Section
Yes No Fiduciary Coverage
Liability Section
O Yes No Miscellaneous Professional LiabilityCoverage Section
¡Yes No Internet LiabilityCoverage Section
¡Yes ¡ No Crime Non-Liability Coverage Section
¡Yes No Kidnap/Ransom & Extortion Non-Liability Coverage Section
¤ Yes No Workplace Violence Expense Non-Liability Coverage Section
Item 5. Extended Reporting Period:
(A) Directors & Officers LiabilityCoverage Section, if theParent Corporation isa for-profit
organization,
the Employment Practices LiabilityCoverage Section and the Fiduciary Coverage
Liability Section:
14-02-3795NY (Ed. 08/2002) Page 1 of 18
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C H LJ EEl E2F Chubb Group of Insurance Companies
FOrefront FortfoliO
202B Hall's MillRoad
Whitehouse NJ 08889 General Terms and Conditions Section
Station,
(1) Additional Period: 1 year
(2) Additional Premium: 100% of Annual Premium
(B) Directors & Officers LiabilityCoverage Section, if theParent Corporation isa not-for-profit
organization, the Miscellaneous Professional LiabilityCoverage Section and the Internet Liability
Coverage Section:
(1) Additional Period: (2) Additional Premium (AP): (3) AP withReinstated Limit:
1 Year N/A % ofAnnual Premium N/A% of AP
2 Year N/A % ofAnnual Premium N/A% ofAP
3 Year N/A % of Annual Premium N/A% of AP
Item 6. Termination of prior policies:
X New Business
In witness whereof, the Company issuing thisPolicy has caused this Policy tobe signed by itsauthorized
officers, but itshallnot be valid unless also signed by a duly authorized representative of theCompany.
FEDERAL INSURANCE COMPANY
Secretary President
12/30/2019
Date AuthorizedRepresentative
14-02-3795NY (Ed. 08/2002) Page 2 of 18
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/10/2022
LJBB' Portfolio"
C H ForeFront
General Terms and Conditions Section
In consideration of payment of the premium and subject to the Declarations and the limitations,
conditions, provisions and other terms of thisPolicy, the Company and the insureds agree as
follows:
I. TERMS AND CONDITIONS
Except forthese General Terms and Conditions or unless stated to the contrary inany Coverage
Section ofthis Policy, the terms and conditions ofeach Coverage Section apply only tothat
Coverage Section. If anyprovision in these General Terms and Conditions isinconsistent orin
conflictwith the terms and conditions of any Coverage Section, the terms and conditions ofsuch
Coverage Section shall control forpurposes ofthat Coverage Section. Any defined term
referenced in these General Terms and Conditions but defined ina Coverage Section shall,for
purposes of coverage under that Coverage Section, have the meaning set forthin thatCoverage
Section.
II. GENERAL DEFINITIONS
(A) Anniversary Date means thatdate and time exactly one (1)year afterthe date and time setforth
in Item 2(A) of the Declarations of these General Terms and Conditions, and each succeeding
date and time exactly one (1)year after the previous Anniversary Date.
(B) Claim shallhave the meaning ascribed to thatterm ineach Liability Coverage Section.
(C) Coverage Event means the event or losswhich must occur, be sustained or discovered inorder
to invoke coverage under each Non-Liability Coverage Section.
(D) De btor in Possession means a debtor in possession as such term is used in Chapter 11 of the
United States ofAmerica Bankruptcy Code.
(E) Defense Costs means that part ofLoss consisting of reasonable costs, charges, fees (including
attomeys' experts'
but not limited to fees and fees) and expenses (other than regular orowrtime
wages, salaries or fees ofthe directors, officers or employees of the Insured Organization)
incurred indefending any Claim and the premium forappeal, attachment or similar bonds.
(F) Financial Impairment means the status of an Insured Organization resulting from:
(1) the appointment by any state or federal official,
agency or court ofany receiver,
conservator, liquidator, trustee, rehabilitatororsimilar officialtotake control of,supervise,
manage orliquidate such Insured Organization; or
(2) such Insured Organization becoming a Debtor in Possession.
(G) Insured means allorganizations, plans and natural persons defined as Insureds ineach
Coverage Section.
(H) Insured Organization means the Parent Corporation and any Subsidiary created at any time
or any Subsidiary acquired on or before the inception date as set forth inItem 2(A) ofthe
Declarations ofthese General Terms and Conditions, or subject to Section XI Changes in
Exposure ofthese General Terms and Conditions, during the Policy Period. Insured
Organization shall also mean any such entity as a Debtorin Possession or an equivalent
status under the law of any other country.
14-02-3795NY (Ed. 08/2002) Page 3 of 18
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CHLJ88® Portfolio"
ForeFront
General Terms and Conditions Section
(1) Insured Person shall have the meaning ascribed to that term in each Coverage Section. Solely
with respect to any Liability Coverage Section, coverage for an Insured Person shallalso
include coverage for:
(1) the lawful spouse ofsuch Insured Person, if named as a co-defendant with such
Insured Person solely by reason ofsuch spouse's status as a spouse, or such spouse's
ownership interest inproperty, which is sought by the claimant as recovery for an alleged
Wrongful Act ofsuch Insured Person; and
(2) inthe event ofthe death, incapacity orbankruptcy ofan Insured Person, the estate,
heirs, legal representatives or assigns of such Insured Person;
but any such coverage shallapply only with respect to a Wrongful Act ofsuch Insured Person.
Allterms and conditions of thisPolicy, including without limitation,the Deductible Amount
applicable to Loss incurred by the insured Person, shallalso apply to lossincurred by such
spouses, estates, heirs, legalrepresentaties and assigns of such Insured Person.
(J) Liability Coverage Section means the Directors & Officers Employment
Liability, Practices
Liability,Fiduciary Miscellaneous
Liability, Professional LiabiHtyand the Internet Liability
Coverage Sections of thisPolicy, if purchased as set forth inItem 4 of the Declarations of these
General Terms and Conditions.
(K) Loss:
(1) with respect to any Liability Coverage Section, shall have the meaning ascribed to that
term insuch Coverage Section; or
(2) with respect to any Non-Liability Coverage Section, means the total amount covered
under such Coverage Section as a result ofany Coverage Event.
(L) Non-Liability Coverage Section means the Crime, Kidnap/Ransom and Extortion and
Workplace Violence Expense Coverage Sections of thisPolicy, if purchased as set forthin Item 4
of the Declarations ofthese General Terms and Conditions.
(M) Parent Corporation means the entitynamed in Item 1 ofthe Declarations of these General
Terms and Conditions.
(N) Policy Period means the period of time set forthin Item 2 ofthe Declarations of these General
Terms and Conditions, subject to any prior termination in accordance with Section NX
Termination of Policy of these General Terms and Conditions.
(0) Policy Year means the period, within the Policy Period, from the date and time set forthin Item
2(A) of the Declarations ofthese General Terms and Conditions tothe firstAnniversary Date, or
the period from an Anniversary Date toits next succeeding Anniversary Date, subject to any
priortermination as set forthin Section NX Termination of Policy of these General Terms and
Conditions.
(P) Potential Employment Claim means a complaint or allegation of a Wrongful Act in connection
with Discrimination, Harassment, Retaliation, Workplace Tort or Wrongful Employment
Decision that does not constitute an Employment Claim but which may subsequently give rise
to an Employment Claim brought by or on behalf of an Insured Person that islodged with the
insured Organization's human resource department or other department that provides a
function similar to a human resource department. Solely with respect tothis Definition (P),the
terms Wrongful Act, Discrimination, Harassment, Retaliation, Workplace Tort, Wrongful
14-02-3795NY (Ed. 08/2002) Page 4 of 18
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LJ8E® Portfolio""
CI-I ForeFront
General Terms and Conditions Section
Employment Decision, Employment Claim and Insured Person shall have the meaning
ascribed to them inthe Employment Practices LiabilityCoverage Section.
(Q) Potential Third Party Claim means a complaint or allegation of a Wrongful Act in connection
with Third Party Discrimination or Sexual Harassment that does not constitute a Third Party
Claim but which may subsequently give riseto a Third Party Claim brought by or on behalf of a
Third Party that is lodged with the Insured Organization's legaldepartment oran individual
responsible to receive such complaints or allegations. Solely with respect to thisDefinition (Q),
the terms Wrongful Act, Third Party Discrimination or Sexual Harassment, Third Party
Claim orThird Party shall have the meaning ascribed tothem in the Employment Practices
LiabilityCoverage Section.
(R) Related Claims means allClaimsfor Wrongful Acts based upon, arising from, or in
consequence ofthe same or related facts,circumstances, situations,transactions or events or
the same or related series of facts, circumstances, situations,transactions or events.
(S) Subsidiary means:
(1) any entity during any time inwhich the Parent Corporation owns or controls, directlyor
through one or more Subsidiaries, the rightto elect orappoint more than percent
fifty
(50%) of such entity'sdirectors or trustees;
(2) any limited liability
company during any time in which the Parent Corporation owns or
controls, directly or through one or more Subsidiaries, the rightto elect, appoint or
designate more than fiftypercent (50%) of such entity'smanagers;
(3) any corporation during any time inwhich the Parent Corporation owns, directlyor
through one or more Subsidiaries, exactly fiftypercent (50%) ofthe issued and
outstanding oting stock and which, pursuant toa written agreement with the owner(s) of
the remaining issued and outstanding voting stock of such corporation, the Parent
Corporation solelycontrols the management and operation ofsuch corporation
("Controlled Joint Venture"); and
(4) any foundation, charitable trust or action
political committee during any time inwhich
such entity or organization iscontrolled by the Parent Corporation.
(T) Wrongful Act shall have the meaning ascribed to thatterm ineach Liability Coverage Section.
III. TERRITORY
Coverage shall extend anywhere inthe world.
IV. EXTENDED REPORTING PERIOD
(A) In the event of:
(1) termination or nonrenewal of a Liability Coverage Section; or
(2) a decrease in limits,reduction of coverage, increased deductible or self-insurance
retention, new exclusion, or any other change in coverage less favorable to the Insured,
(a "Termination of Coverage"), any Insured Organization or Insured Person shall have theright to an
Extended Reporting Period as set forth in thisSection IV,for Loss from Claims firstmade
14-02-3795NY (Ed. 08/2002) Paae 5 of 18
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CHUEE® Portfolio"
ForeFront
General Terms and Conditions Section
against an Insured during such Extended Reporting Period but only forWrongful Acts
committed or allegedly committed afterany applicable Retroactive Date and before such
Termination of Coverage. Inthe event ofa Termination ofCoverage under subparagraph
(1) ofthis paragraph (A),such Extended Reporting Period will
be effectiveonly as tothe
terminated or nonrenewed Liability Coverage Section. In theevent of a Termination of
Coverage under subparagraph (2)of thisparagraph (A), such Extended Reporting Period
willbe effective only as to that coverage terminated.
(B) Upon a Termination of Coverage of a Liability Coverage Section, the Company will
automatically provide, at no additional premium, an Extended Reporting Period forsixty (60) days
afterthe effectivedate of such Termination of Coverage. The limitof for
liability such Extended
Reporting Period shall be part ofand not in addition to the applicable Limit of for
Liability the
Policy Yearimmediately preceding the effective date ofthe Termination ofCoverage. No later
than thirty (30) days afterthe effectivedate ofa Termination ofCoverage, the Company will
advise the Parent Corporation inwriting of the automatic Extended Reporting Period, and of the
availability,the premium for,and importance of purchasing an additional Extended Reporting
Period.
(C) Upon a Termination of Coverage of a Liability Coverage Section, any Insured Organization or
Insured Person may purchase, in addition to the automatic Extended Reporting Period, an
additional Extended Reporting Period for Lossfrom Claimsfirst made during such additional
Extended Reporting Period but only forWrongful Acts committed or allegedly committed after
any applicable Retroactive Date and before such Termination of Coverage, subject to the
following terms, conditions and limitations:
(1) for the Directors & Officers Coverage
Liability Section if theParent Corporation isa for-
profitorganization, the Fiduciary LiabiltyCoverage Section and/or the Employment
Practices LiabilitySection: the length ofsuch additional Extended Reporting Period will
be one (1) year and the limitof will
liability be part of,and not inaddition to,the Limit of
Liabilityapplicable tosuch Liability Coverage Sections; and
(2) for the Directors and Officers LiabilityCoverage Section if theParent Corporation isa
not-for-profitorganization, the Miscellaneous Professionai LiabilityCoverage Section
and/or the Intemet LiabilityCoverage Section: the length of such additional Extended
Reporting Period willbe (3) years, unless the Insured purchasing such Extended
Reporting Period chooses to purchase a one (1) ortwo (2)year Extended Reporting
Period; and the limit of will
liability be:
(a) one hundred percent (100%) of the maximum aggregate Limit(s) of Liability
applicable to such Liability Coverage Section(s) forthe immediately preceding
Policy Year, if a claims-made relationship between the Company and the
Parent Corporation has continued forat least three years forthe applicable
Liability Coverage Section purchased; or
(b) the greater of fiftypercent (50%) ofthe maximum aggregate Limit(s) of Liability
applicable tosuch Liability Coverage Section(s) forthe immediately preceding
Policy Year, orthe amount of coverage remaining insuch maximum aggregate
Limit(s) ofLiabilityas ofthe effective date of Termination of Coverage, ifa
claims-made relationship between the Company and the Parent Corporation
has continued for less than three years for the applicable LiabilityCoverage
Section purchased;
(c) if aClaim isfirstmade against an Insured during the Policy Period, such Claim
shallbe subject to the then remaining applicable Limitof Liabilityforsuch Policy
14--02-3795NY (Ed. 08/2002) Paae 6 of 18
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CHuBE® Portfolio³"
ForeFront
General Terms and Conditions Section
Period and inno event shall the limitof applicable
Preview
FILED: QUEENS COUNTY CLERK 10/10/2022 12:43 PM INDEX NO. 721231/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/10/2022 m tr FILED: QUEENS COUNTY CLERK 10/10/2022 12:43 PM INDEX NO. 721231/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/10/2022 NOTICE TO POLICYHOLDERS Insuring Company: Federal Insurance Company Enclosed isyour commercial insurance policy from Chubb. The bill that corresponds with this policy has been mailed separately. When you receive the please bill, pay the amount due by the date indicated. Payment should be made directlyto Chubb. As always, prompt payment willkeep your coverage in place. If you have any questions about the attached policy or need assistance with additional insurance, contact your agent orbroker. For questions about call billing, our Premium Accounting Service Center at 1-800-372-4822. Thank you forinsuring through Chubb. FILED: QUEENS COUNTY CLERK 10/10/2022 12:43 PM INDEX NO. 721231/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/10/2022 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE (for policies with no terrorism exclusion or sublimit) Insuring Company: Federal Insurance Company You are hereby notified that, under the Terrorism Risk Insurance Act (the "Act"), this policy makes available to you insurance for losses arising out of certain acts of terrorism. Terrorism is defined as any act certified by the Secretary of the Treasury of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. You should know that the insurance provided by your policy for losses caused by acts of terrorism is partially reimbursed by the United States under the formula set forth in the Act. Under this formula, the United States pays 85% of c.overed terrorism losses that exceed the statutorily established deductible to be paid by the insurance company providing the coverage. Beginning in 2016, the Federal share will be reduced by 1% per year until itreaches 80%, where itwill remain. However, ifaggregate insured losses attributable to terrorist acts certified under the Act exceed $100 billion in a calendar year, the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. 10-02-1281 (Ed. 03/2015) FILED: QUEENS COUNTY CLERK 10/10/2022 12:43 PM INDEX NO. 721231/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/10/2022 Ifaggregate insured losses attributable to terrorist acts certified under the Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up tothat amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. The portion of your policy's annual premium that is attributable to insurance for such acts of terrorism is: $ -0-. Ifyou have any questions about this notice, please contact your agent or broker. FILED: QUEENS COUNTY CLERK 10/10/2022 12:43 PM INDEX NO. 721231/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/10/2022 IMPORTANT NOTICE TO POLICYHOLDERS Insuring Company: Federal Insurance Company All ofthe members ofthe Chubb Group of Insurance companies doing business inthe United States (hereinafter "Chubb") distribute theirproducts through licensed insurance brokers and agents ("producers"). Detailed information regarding the types ofcompensation paid by Chubb to producers on US insurance transactions is available under the Producer Compensation link located at the bottom ofthe page at or 1- www.chubb.com, by calHng 866-588-9478. Additional information may be available from your producer. -thank you for choosing Chubb. 10-02-1295 (ed. 6/2007) FILED: QUEENS COUNTY CLERK 10/10/2022 12:43 PM INDEX NO. 721231/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/10/2022 Notice of Loss Control Services Insuring Company: Federal Insurance Company As a Chubb policyholder, you have loss prevention information and/or services available to you, as listed in this Notice. You may order any brochure by email to formsorderinq(Æchubb.com and to view our fullsuite of loss prevention brochuresiservices go to www.chubb.com/us/fl-lç_sprevention Directors and Officers (D&O) Liability Loss Prevention Services " Directors and Officers Loss Prevention Manuals: Liability Directors and Officers Loss Preventions - #14-01-0035 Liability Directors and Officers Securities Litigation Loss Preventions - #14-01-0448 Director Loss Prevention in Mergers and Acquisitions - #14-01-1099 Liability Directors and Officers Loss Prevention for Not-for-Profit- -#14-01-0036 Liability Cyber Loss Mitigation for Directors -#14-01-1199 Employment Practices Liability (EPL) Loss Prevention Services " Toll-free Hot Line Have a question on howto handle an employment situation? Simply call 1.888.249.8425 to access the nationally known employment law firm of Jackson Lewis P.C. We offer customers an unlimited number of calls to the hot line at no additional charge. " ChubbWorks.com ChubbWorks.com is a web-based platform that offers multiple services including overviews of employment laws, sample employment policies and procedures, and on-line training. To gain immediate access to ChubbWorks go to www,chubbworks.com and register using your policy number. " Employment Practices Loss Prevention Guidelines Manuai Employment Practices Loss Prevention Guidelines - #14-01-0061 " Loss Prevention Consultant Services Chubb has developed a network of more than 120 lawfirms, human resources consulting firms, and labor economist/statistical firms that offer specialized services for employment issues. " Public EPL Customers Company Employment Practices Loss Prevention Guidelines - Written Seyfarth Shaw for by exclusively Chubb this manual provides an overview of key employment issues faced by for-profit companies and offers proactive idea for avoiding employment lawsuits. " Private EPL Customers Company Employment Practices Loss Prevention Guidelines - Written Seyfarth Shaw for by exclusively Chubb this manual provides an overview of key employment issues for -profit companies and offers proactive idea for avoiding employment lawsuits. 14-02-23030 (05/2018) Page 1 of 2 FILED: QUEENS COUNTY CLERK 10/10/2022 12:43 PM INDEX NO. 721231/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/10/2022 Fiduciary Liability Loss Prevention Services " Loss Prevention Manual Fiduciary Liability Who May Sue You and Why: How to Reduce Your ERISA Risks and the Role of Fiduciary Liability Insurance #14-01-1019 Crime Loss Prevention Services " Ransom & Extortion Loss Prevention Manual Crime/Kidnap, Preventing Fraud: How Anonymous Hotlines Can Help #14-01-1090 Cyber Security Loss Prevention Services Visit: https://www2,chubb.com/us-en/business-insurance/cyber-security.aspx to learn more about Chubb's Cyber Services for our policyholders. Health Care Directors and Officers (D&O) Liability Loss Prevention Services " Readings in Health Care Governance Manual Readings in Health Care Governance -#14-01-0788 " ChubbWorks.com ChubbWorks.com for Health Care Organizations - The Health Care Zone is a free online resource containing health care specific loss prevention information for employment practices liability, directors and officers (D&O) liability, and fiduciary liability exposures. To gain immediate access to ChubbWorks go to www.chubbworks.com and register using your policy number. " Health Care D&O Loss Prevention Consultant Services Health Care D& O Loss Prevention Consultant Services- #14-01-1164 ____________________ The services provided are advisory in nature. While this program is offered as a resource in developing or maintaining a loss prevention program, you should consult competent legal counsel to design and implement your own program. No liabilityis assumed by reason of the services, access or information provided. All services are subject to change without notice. 14-02-23030(05/2018) Page 2 of 2 FILED: QUEENS COUNTY CLERK 10/10/2022 12:43 PM INDEX NO. 721231/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/10/2022 Notice to Purchasers of Employment Practices Liability Coverage or Fiduciary LiabilityCoverage Insuring Company: Federal Insurance Company As a purchaser of an Employment Practices LiabilityCoverage Section and/or a Fiduciary Liability Coverage Section, please note that the Company has the rightand duty to defend any Claim (as such term is defined in the Definitions section of each applicable Coverage Section) covered by each applicable Comrage Section, unless such Coverage Section has been amended by writtenendorsement. Defense counsel forany such Claim shallbe selected by the Company from the Company's list of approved defense firms. Please also note that, as a condition precedent to any rightto coverage under each applicable Coverage Section, allClaims must be reported to the Company in writingin the manner and within the time provided inthe Reporting and Notice provisions of such Coverage Section. For a listof approved defense firms, please contact your insurance agent or broker, or access such listby using the following internet address: http://csi.chubb.corn/panel__counsel.asp Please note that the Company reserves the rightto modify such listatany time without notice. 99-10-0769 (Ed. 9/2004) FILED: QUEENS COUNTY CLERK 10/10/2022 12:43 PM INDEX NO. 721231/2022 NYSCEF DOC. NO. 2 B' RECEIVED NYSCEF: 10/10/2022 C F-1 LJ 8 Chubb Group of Insurance Companies FOreFrOnt POrtfoliO"" 202B HaIFs MillRoad Whitehouse NJ 08889 General Terms and Conditions Section Station, DECLARATIONS FEDERAL INSURANCE COMPANY A stock insurance company, incorporated under the laws ofIndiana, herein called the Company. Policy Number: 8260-6544 THE LIABILITY COVERAGE SECTIONS OF THIS POLICY (WHICHEVER ARE PURCHASED) PROVIDE "CLAIMS" CLAIMS MADE COVERAGE, WHICH APPUES ONLY TO FIRST MADE DURING THE"POLICY PERIOD", OR ANY EXTENDED REPORTING PERIOD. THE APPUCABLE LIMIT(S) OF LIABILITY TO PAY DAMAGES OR SETTLEMENTS WILL BE REDUCED AND MAY BE EXHAUSTED, UNLESS OTHERWISE PROVIDED HEREIN, BY "DEFENSE COSTS". IN THE EVENT THAT SUCH EXHAUSTION COSTS" OCCURS, THE COMPANY SHALL NOT BE LIABLE FOR "DEFENSE OR FOR THE AMOUNT OF ANY JUDGMENT OR SETTLEMENT TO THE EXTENT THAT SUCH COST OR AMOUNT EXCEEDS THE " COSTS" APPLICABLE LIMIT(S) OF LIABIUTY SET FORTH IN THIS POLICY. DEFENSE WILL BE APPLIED AGAINST THE APPUCABLE DEDUCTIBLE AMOUNT(S). READ THE ENTIRE POLICY CAREFULLY. Item 1. Parent Corporation: Citimedical Services PC Principal Address: 6336 99th Street 1st Floor Rego Park, NY 11374 Item 2. Policy Period: (A) From 12:01 A.M. on December 27, 2019 (B) To 12:01 A.M. on December 27, 2020 Local time at the address shown inItem 1. Item 3. A Combined Maximum Aggregate Limit of Liability option is only available ifindicated by X: ¡Yes No The Combined Maximum Aggregate Limitof Liabilityforall Claims under allLiability Coverage Sections shall be: N/A |tem 4. Coverage isonly available for the fo!!owing ifindicated by X: ¡Yes ¡ No Directors & Officers LiabilityCoverage Section Yes ¡ No Employment Practices LiabilityCoverage Section Yes No Fiduciary Coverage Liability Section O Yes No Miscellaneous Professional LiabilityCoverage Section ¡Yes No Internet LiabilityCoverage Section ¡Yes ¡ No Crime Non-Liability Coverage Section ¡Yes No Kidnap/Ransom & Extortion Non-Liability Coverage Section ¤ Yes No Workplace Violence Expense Non-Liability Coverage Section Item 5. Extended Reporting Period: (A) Directors & Officers LiabilityCoverage Section, if theParent Corporation isa for-profit organization, the Employment Practices LiabilityCoverage Section and the Fiduciary Coverage Liability Section: 14-02-3795NY (Ed. 08/2002) Page 1 of 18 FILED: QUEENS COUNTY CLERK 10/10/2022 12:43 PM INDEX NO. 721231/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/10/2022 C H LJ EEl E2F Chubb Group of Insurance Companies FOrefront FortfoliO 202B Hall's MillRoad Whitehouse NJ 08889 General Terms and Conditions Section Station, (1) Additional Period: 1 year (2) Additional Premium: 100% of Annual Premium (B) Directors & Officers LiabilityCoverage Section, if theParent Corporation isa not-for-profit organization, the Miscellaneous Professional LiabilityCoverage Section and the Internet Liability Coverage Section: (1) Additional Period: (2) Additional Premium (AP): (3) AP withReinstated Limit: 1 Year N/A % ofAnnual Premium N/A% of AP 2 Year N/A % ofAnnual Premium N/A% ofAP 3 Year N/A % of Annual Premium N/A% of AP Item 6. Termination of prior policies: X New Business In witness whereof, the Company issuing thisPolicy has caused this Policy tobe signed by itsauthorized officers, but itshallnot be valid unless also signed by a duly authorized representative of theCompany. FEDERAL INSURANCE COMPANY Secretary President 12/30/2019 Date AuthorizedRepresentative 14-02-3795NY (Ed. 08/2002) Page 2 of 18 FILED: QUEENS COUNTY CLERK 10/10/2022 12:43 PM INDEX NO. 721231/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/10/2022 LJBB' Portfolio" C H ForeFront General Terms and Conditions Section In consideration of payment of the premium and subject to the Declarations and the limitations, conditions, provisions and other terms of thisPolicy, the Company and the insureds agree as follows: I. TERMS AND CONDITIONS Except forthese General Terms and Conditions or unless stated to the contrary inany Coverage Section ofthis Policy, the terms and conditions ofeach Coverage Section apply only tothat Coverage Section. If anyprovision in these General Terms and Conditions isinconsistent orin conflictwith the terms and conditions of any Coverage Section, the terms and conditions ofsuch Coverage Section shall control forpurposes ofthat Coverage Section. Any defined term referenced in these General Terms and Conditions but defined ina Coverage Section shall,for purposes of coverage under that Coverage Section, have the meaning set forthin thatCoverage Section. II. GENERAL DEFINITIONS (A) Anniversary Date means thatdate and time exactly one (1)year afterthe date and time setforth in Item 2(A) of the Declarations of these General Terms and Conditions, and each succeeding date and time exactly one (1)year after the previous Anniversary Date. (B) Claim shallhave the meaning ascribed to thatterm ineach Liability Coverage Section. (C) Coverage Event means the event or losswhich must occur, be sustained or discovered inorder to invoke coverage under each Non-Liability Coverage Section. (D) De btor in Possession means a debtor in possession as such term is used in Chapter 11 of the United States ofAmerica Bankruptcy Code. (E) Defense Costs means that part ofLoss consisting of reasonable costs, charges, fees (including attomeys' experts' but not limited to fees and fees) and expenses (other than regular orowrtime wages, salaries or fees ofthe directors, officers or employees of the Insured Organization) incurred indefending any Claim and the premium forappeal, attachment or similar bonds. (F) Financial Impairment means the status of an Insured Organization resulting from: (1) the appointment by any state or federal official, agency or court ofany receiver, conservator, liquidator, trustee, rehabilitatororsimilar officialtotake control of,supervise, manage orliquidate such Insured Organization; or (2) such Insured Organization becoming a Debtor in Possession. (G) Insured means allorganizations, plans and natural persons defined as Insureds ineach Coverage Section. (H) Insured Organization means the Parent Corporation and any Subsidiary created at any time or any Subsidiary acquired on or before the inception date as set forth inItem 2(A) ofthe Declarations ofthese General Terms and Conditions, or subject to Section XI Changes in Exposure ofthese General Terms and Conditions, during the Policy Period. Insured Organization shall also mean any such entity as a Debtorin Possession or an equivalent status under the law of any other country. 14-02-3795NY (Ed. 08/2002) Page 3 of 18 FILED: QUEENS COUNTY CLERK 10/10/2022 12:43 PM INDEX NO. 721231/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/10/2022 CHLJ88® Portfolio" ForeFront General Terms and Conditions Section (1) Insured Person shall have the meaning ascribed to that term in each Coverage Section. Solely with respect to any Liability Coverage Section, coverage for an Insured Person shallalso include coverage for: (1) the lawful spouse ofsuch Insured Person, if named as a co-defendant with such Insured Person solely by reason ofsuch spouse's status as a spouse, or such spouse's ownership interest inproperty, which is sought by the claimant as recovery for an alleged Wrongful Act ofsuch Insured Person; and (2) inthe event ofthe death, incapacity orbankruptcy ofan Insured Person, the estate, heirs, legal representatives or assigns of such Insured Person; but any such coverage shallapply only with respect to a Wrongful Act ofsuch Insured Person. Allterms and conditions of thisPolicy, including without limitation,the Deductible Amount applicable to Loss incurred by the insured Person, shallalso apply to lossincurred by such spouses, estates, heirs, legalrepresentaties and assigns of such Insured Person. (J) Liability Coverage Section means the Directors & Officers Employment Liability, Practices Liability,Fiduciary Miscellaneous Liability, Professional LiabiHtyand the Internet Liability Coverage Sections of thisPolicy, if purchased as set forth inItem 4 of the Declarations of these General Terms and Conditions. (K) Loss: (1) with respect to any Liability Coverage Section, shall have the meaning ascribed to that term insuch Coverage Section; or (2) with respect to any Non-Liability Coverage Section, means the total amount covered under such Coverage Section as a result ofany Coverage Event. (L) Non-Liability Coverage Section means the Crime, Kidnap/Ransom and Extortion and Workplace Violence Expense Coverage Sections of thisPolicy, if purchased as set forthin Item 4 of the Declarations ofthese General Terms and Conditions. (M) Parent Corporation means the entitynamed in Item 1 ofthe Declarations of these General Terms and Conditions. (N) Policy Period means the period of time set forthin Item 2 ofthe Declarations of these General Terms and Conditions, subject to any prior termination in accordance with Section NX Termination of Policy of these General Terms and Conditions. (0) Policy Year means the period, within the Policy Period, from the date and time set forthin Item 2(A) of the Declarations ofthese General Terms and Conditions tothe firstAnniversary Date, or the period from an Anniversary Date toits next succeeding Anniversary Date, subject to any priortermination as set forthin Section NX Termination of Policy of these General Terms and Conditions. (P) Potential Employment Claim means a complaint or allegation of a Wrongful Act in connection with Discrimination, Harassment, Retaliation, Workplace Tort or Wrongful Employment Decision that does not constitute an Employment Claim but which may subsequently give rise to an Employment Claim brought by or on behalf of an Insured Person that islodged with the insured Organization's human resource department or other department that provides a function similar to a human resource department. Solely with respect tothis Definition (P),the terms Wrongful Act, Discrimination, Harassment, Retaliation, Workplace Tort, Wrongful 14-02-3795NY (Ed. 08/2002) Page 4 of 18 FILED: QUEENS COUNTY CLERK 10/10/2022 12:43 PM INDEX NO. 721231/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/10/2022 LJ8E® Portfolio"" CI-I ForeFront General Terms and Conditions Section Employment Decision, Employment Claim and Insured Person shall have the meaning ascribed to them inthe Employment Practices LiabilityCoverage Section. (Q) Potential Third Party Claim means a complaint or allegation of a Wrongful Act in connection with Third Party Discrimination or Sexual Harassment that does not constitute a Third Party Claim but which may subsequently give riseto a Third Party Claim brought by or on behalf of a Third Party that is lodged with the Insured Organization's legaldepartment oran individual responsible to receive such complaints or allegations. Solely with respect to thisDefinition (Q), the terms Wrongful Act, Third Party Discrimination or Sexual Harassment, Third Party Claim orThird Party shall have the meaning ascribed tothem in the Employment Practices LiabilityCoverage Section. (R) Related Claims means allClaimsfor Wrongful Acts based upon, arising from, or in consequence ofthe same or related facts,circumstances, situations,transactions or events or the same or related series of facts, circumstances, situations,transactions or events. (S) Subsidiary means: (1) any entity during any time inwhich the Parent Corporation owns or controls, directlyor through one or more Subsidiaries, the rightto elect orappoint more than percent fifty (50%) of such entity'sdirectors or trustees; (2) any limited liability company during any time in which the Parent Corporation owns or controls, directly or through one or more Subsidiaries, the rightto elect, appoint or designate more than fiftypercent (50%) of such entity'smanagers; (3) any corporation during any time inwhich the Parent Corporation owns, directlyor through one or more Subsidiaries, exactly fiftypercent (50%) ofthe issued and outstanding oting stock and which, pursuant toa written agreement with the owner(s) of the remaining issued and outstanding voting stock of such corporation, the Parent Corporation solelycontrols the management and operation ofsuch corporation ("Controlled Joint Venture"); and (4) any foundation, charitable trust or action political committee during any time inwhich such entity or organization iscontrolled by the Parent Corporation. (T) Wrongful Act shall have the meaning ascribed to thatterm ineach Liability Coverage Section. III. TERRITORY Coverage shall extend anywhere inthe world. IV. EXTENDED REPORTING PERIOD (A) In the event of: (1) termination or nonrenewal of a Liability Coverage Section; or (2) a decrease in limits,reduction of coverage, increased deductible or self-insurance retention, new exclusion, or any other change in coverage less favorable to the Insured, (a "Termination of Coverage"), any Insured Organization or Insured Person shall have theright to an Extended Reporting Period as set forth in thisSection IV,for Loss from Claims firstmade 14-02-3795NY (Ed. 08/2002) Paae 5 of 18 FILED: QUEENS COUNTY CLERK 10/10/2022 12:43 PM INDEX NO. 721231/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/10/2022 CHUEE® Portfolio" ForeFront General Terms and Conditions Section against an Insured during such Extended Reporting Period but only forWrongful Acts committed or allegedly committed afterany applicable Retroactive Date and before such Termination of Coverage. Inthe event ofa Termination ofCoverage under subparagraph (1) ofthis paragraph (A),such Extended Reporting Period will be effectiveonly as tothe terminated or nonrenewed Liability Coverage Section. In theevent of a Termination of Coverage under subparagraph (2)of thisparagraph (A), such Extended Reporting Period willbe effective only as to that coverage terminated. (B) Upon a Termination of Coverage of a Liability Coverage Section, the Company will automatically provide, at no additional premium, an Extended Reporting Period forsixty (60) days afterthe effectivedate of such Termination of Coverage. The limitof for liability such Extended Reporting Period shall be part ofand not in addition to the applicable Limit of for Liability the Policy Yearimmediately preceding the effective date ofthe Termination ofCoverage. No later than thirty (30) days afterthe effectivedate ofa Termination ofCoverage, the Company will advise the Parent Corporation inwriting of the automatic Extended Reporting Period, and of the availability,the premium for,and importance of purchasing an additional Extended Reporting Period. (C) Upon a Termination of Coverage of a Liability Coverage Section, any Insured Organization or Insured Person may purchase, in addition to the automatic Extended Reporting Period, an additional Extended Reporting Period for Lossfrom Claimsfirst made during such additional Extended Reporting Period but only forWrongful Acts committed or allegedly committed after any applicable Retroactive Date and before such Termination of Coverage, subject to the following terms, conditions and limitations: (1) for the Directors & Officers Coverage Liability Section if theParent Corporation isa for- profitorganization, the Fiduciary LiabiltyCoverage Section and/or the Employment Practices LiabilitySection: the length ofsuch additional Extended Reporting Period will be one (1) year and the limitof will liability be part of,and not inaddition to,the Limit of Liabilityapplicable tosuch Liability Coverage Sections; and (2) for the Directors and Officers LiabilityCoverage Section if theParent Corporation isa not-for-profitorganization, the Miscellaneous Professionai LiabilityCoverage Section and/or the Intemet LiabilityCoverage Section: the length of such additional Extended Reporting Period willbe (3) years, unless the Insured purchasing such Extended Reporting Period chooses to purchase a one (1) ortwo (2)year Extended Reporting Period; and the limit of will liability be: (a) one hundred percent (100%) of the maximum aggregate Limit(s) of Liability applicable to such Liability Coverage Section(s) forthe immediately preceding Policy Year, if a claims-made relationship between the Company and the Parent Corporation has continued forat least three years forthe applicable Liability Coverage Section purchased; or (b) the greater of fiftypercent (50%) ofthe maximum aggregate Limit(s) of Liability applicable tosuch Liability Coverage Section(s) forthe immediately preceding Policy Year, orthe amount of coverage remaining insuch maximum aggregate Limit(s) ofLiabilityas ofthe effective date of Termination of Coverage, ifa claims-made relationship between the Company and the Parent Corporation has continued for less than three years for the applicable LiabilityCoverage Section purchased; (c) if aClaim isfirstmade against an Insured during the Policy Period, such Claim shallbe subject to the then remaining applicable Limitof Liabilityforsuch Policy 14--02-3795NY (Ed. 08/2002) Paae 6 of 18 FILED: QUEENS COUNTY CLERK 10/10/2022 12:43 PM INDEX NO. 721231/2022 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/10/2022 CHuBE® Portfolio³" ForeFront General Terms and Conditions Section Period and inno event shall the limitof applicable