Preview
FILED: NEW YORK COUNTY CLERK 05/09/2022
05/31/2022 05:30
03:22 PM INDEX NO. 152308/2019
NYSCEF DOC. NO. 100
134 RECEIVED NYSCEF: 05/09/2022
05/31/2022
PREMlUM BILL
Insured: WIESNER LAW FIRM Date: 01/20/2017
Producer: ALL RISKS LTD MD
10150 YORK RD, 5TH FLOOR
HUNT VALLEY, MD 21030-0000
Company: Executive Risk Specialty Insurance Company
THIS BILLING IS TO BE ATTACHED TO AND FORM A PART OF THE POLICY REFERENCED BELOW.
Policy Number: 8246-9455
Policy Period: January 21, 2017 to January 21, 2018
NOTE: PLEASE RETURN THIS BILL WITH REMITTANCE AND NOTE HEREON ANY CHANGES. BILL WILL BE
RECElPTED AND RETURNED TO YOU PROMPTLY UPON REQUEST.
PLEASE REMIT TO PRODUCER INDICATED ABOVE. PLEASE REFER TO 8246-9455
Product Effective Date Premium
EPLIABA 01/21/17 $4,250.00
*
For Kentucky policies, amount displayed includes tax and collection fees.
TOTAL POLICY PREMlUM $4,250.00
TOTAL INSTALLMENT PREMIUM DUE $4,250.00
Form 26-10-0426(Ed 2/98)
FILED: NEW YORK COUNTY CLERK 05/09/2022
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NYSCEF DOC. NO. 100
134 RECEIVED NYSCEF: 05/09/2022
05/31/2022
POLICYHOLDER
DISCLOSURE NOTICE OF
TERRORISM INSURANCE COVERAGE
(for policies with no terrorism exclusion or sublimit)
Insuring Company: Executive Risk Specialty 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 covered 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 to that 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.
10-02-1281 (Ed.03/2015)
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NYSCEF DOC. NO. 100
134 RECEIVED NYSCEF: 05/09/2022
05/31/2022
IMPORTANT NOTICE TO POLICYHOLDERS
Insuring Company: Executive Risk Specialty Insurance Company
All of themembers of theChubb Group of Insurance companies doing business in the United States
(hereinafter"Chubb") distribute theirproducts through licensed insurance brokers and agents ("producers"). Detailed
information regarding the types ofcompensation paid by Chubb toproducers on US insurance transactions is
available under the Producer Compensation link located atthe bottom of the page at or 1-
www.chubb.com, by calling
866-588-9478. Additional information may be available from your producer.
Thank you forchoosing Chubb.
10-02-1295 (ed. 6/2007)
FILED: NEW YORK COUNTY CLERK 05/09/2022
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NYSCEF DOC. NO. 100
134 RECEIVED NYSCEF: 05/09/2022
05/31/2022
Notice of Loss Control Services
Insuring Company: Executive Risk Specialty Insurance Company
As a Chubb policyholder, we'd like to letyou know that we have valuable loss prevention
information available to you. Belowis a description of these servims.
Employme nt Practices Liability (EPL) Loss Prevention Se rvices
. Chubb EPL Loss Prevention Web Site
For information about the program, as well as a way to access many of our available services,
go to http://csi.chubb.com/epilossprevention.
" ChubbWorks.com
ChubbWorks.com isa 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 towww.chubbworks.com and register using your policy
number.
" Employment PracticesLoss Prevention Guidelines Manual
Written by Seyfarth Shawexclusively for Chubb, this manual provides an overviewof key
employment issues and offers proactive ideas for avoiding employment lawsuits. To order the
Employment Practices Loss Prevention Guidelines, simply call1.866.282.9001, order
14-01-0061, and provide your mailing address.
" 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. In
addition to preferred rates for customers, Chubb willreimburse customers for 50% of the cost
of the qualified services, up to 10% of the customer's insurance premium. To access the
network of consultants and learn more about the consultant services program, go to Chubb's
EPL Loss Prevention Web site at http://csi.chubb.com/epilossprevention.
" Toll-free Hot Line
Have a question on howto handle an employment situation? Simply call1.888.249.8425 to
access the nationally known employment lawfirm of Jackson Lewis Schnitzler & Krupman. We
offer customers an unlimited number of callsto the hot line at no additional charge.
If you have any questions on the EPL Loss Prevention program, simply consult
http://csi.chubb.com/epllossprevention or email csi-info@chubb.com.
____________________
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 liabilityisassumed by reason ofthe services,
access or information provided. All services are subject to change without notice.
14-02-6351 (Ed. 11/2007) rev.
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NYSCEF DOC. NO. 100
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IMPORTANT NOTICE
New York
Insuring Company: Executive Risk Specialty Insurance Company
This insurer is not licensed in the State of New York and is not subject to itssupervision.
B32015 (8/2001) 1
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Executive Risk Home office:
Specialty
82 Hopmeadow Street
Insurance Company
simsbury, Connecticut 06070--7683
EDGEsu
ABA EMPLOYERS
AN EMPLOYMENT PRACTICES LIABILITY
INSURANCE POLICY FOR LAW FIRMS
AMERICAN BAR ASSOCIATION ENDORSED BY THE AMERICAN BAR ASSOCIATION
DECLARATIONS
THIS IS A CLAIMS MADE POLICY WITH DEFENSE EXPENSES INCLUDED IN THE
LIMIT OF LIABILITY. PLEASE READ THE ENTIRE POLICY CAREFULLY.
RENEWAL OF POLICY NUMBER
8246-9455 (Jan 2016 - Jan 8246-9455
I 21, 21, 2017)
"CLAIMS"
NOTICE: THIS IS A CLAIMS MADE POUCY WHICH APPUES, SUBJECT TO ITS TERMS, ONLY TO FIRST
PERIOD,"
MADE DURING THE "POUCY OR, IFPURCHASED, ANY EXTENDED REPORTING PERIOD. THE UMIT OF
EXPENSES,"
LIABlUTY AVAILABLE TO PAY DAMAGES OR SETTLEMENTS WILL BE REDUCED BY "DEFENSE AND
EXPENSES"
"DEFENSE WILL BE APPLIED AGAINST THE RETENTION. THE UNDERWRITER WILL HAVE NO DUTY
"CLAIM."
TO DEFEND ANY
ITEM 1. INSURED FIRM - NAME AND PRINCIPAL ADDRESS: ITEM 2. POLICY PERIOD:
(a) Inception Date: January 21,2017
WIESNER LAW FIRM
(b) Expiration Date: January 21,2018
34 EAST23RD ST, 6TH FL
at 12:01 a.m. both dates atthe Principal
NEW YORK, NY 10010
Address inITEM 1.
Predecessor Firm(s):
Address(es):
ITEM 3. LIMIT OF LIABILITY (Inclusive of Defense Expenses):
(a) $1,000,000.00 maximum Limit ofLiabilityforeach Claim.
(b) $1,000,000.00 maximum aggregate Limit of for
Liability allClaims.
ITEM 4. RETENTIONS: ITEM 5. RETROACTIVE DATE:
(a)$5,000.00 each and every Claim.
Date of Organization
(b) N/A aggregate.
ITEM 6. PREMIUM: ITEM 7. EXTENDED REPORTING PERIOD:
$4,250.00 premium. 1 year Extended Reporting Period.
Due 45 days from the end ofthe month in which the $4,250.00 additional premium forExtended Reporting
premium iseffective Period.
ITEM 8. ENDORSEMENTS ATTACHED AT ISSUANCE:
10-02-2543 (10/16 ed.) 14-02-19952 (5/13 ed.) D33522 (7/10 ed.)
14-02-14603 (9/08 ed.) 14-02-21910 (10/15 D34075 (4/06 ed.)
ed.)
14-02-14614 (6/09 ed.) B22671 (1/96 ed.)
14-02-14616 (9/08 ed.) D28571 (6/10 ed.)
14-02-14839 (6/12 D30770 (6/00 ed.)
ed.)
14-02-15248 (7/09 D32433 (4/02 ed.)
Form B26028 (4/98 ed.) CatalogNo ABAd-S
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ed.)
These Declarations, the completed signed Application and the Policy with Endorsements shall constitute the
contract between the Underwriter and the insureds.
EXECUTIVE RISK IALTY IN RANCE COMPANY by (Authorized Company Representative):
May 13, 1998
Form B26028 (4/98 ed.) CatalogNo. ABAd-S
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Edge"
ABA Employers
An Employment Practices Liability
Insurance Policy for Law Firms
Endorsed by the American Bar Association
Executive Risk Specialty Insurance Company
Home Office:
82 Hopmeadow Street
Simsbury, Connecticut 06070-7683
Phone: 860.408.2000
Fax: 860.408.2002 AMERICAN BAR ASSOCIATION
Email: cber-info@chubb.com
Web Site: http://cber.chubb.com
FILED: NEW YORK COUNTY CLERK 05/09/2022
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NYSCEF DOC. NO. 100
134 RECEIVED NYSCEF: 05/09/2022
05/31/2022
THIS IS A CLAIMS MADE POLICY
WITH DEFENSE EXPENSES INCLUDED IN THE LIMIT OF LIABILITY.
PLEASE READ THE ENTIRE POLICY CAREFULLY.
EXECUTIVE RISK SPECIALTY INSURANCE COMPANY
EDGEsu
ABA EMPLOYERS
An Employment Practices Liability Insurance Policy for Law Firms
Endorsed by the American Bar Association
Executive Risk Specialty Insurance Company (the "Underwriter") and the
Insureds, subject to all of the terms, conditions, and limitations of this Policy,
agree as follows:
I. INSURING AGREEMENT
The Underwriter will pay on behalf of the Insureds Defense Expenses and Loss in
excess of the applicable retention set forth in ITEM 4 of the Declarations resulting from
Claims first made against any Insured during the Policy Period or, ifapplicable, the
Extended Reporting Period, for Employment Practices Wrongful Acts occurring
subsequent to the Retroactive Date stated in ITEM 5 of the Declarations and before the
expiration of the Policy Period.
II. DEFINITIONS
"Application"
(A) means the application attached to and forming part of this Policy,
including any materials submitted in connection with such application, allof which
are on file with the Underwriter and are a part of this Policy, as ifphysically
attached.
"Claim"
(B) means:
(1) any written notice received by any Insured that any person or entity
intends to hold an Insured responsible for an Employment Practices
Wrongful Act;
(2) any judicial, administrative or other proceeding against any Insured for an
Employment Practices Wrongful Act; or
(3) any written request to tollor waive a statute of limitations relating to a
potential judicial, administrative or other proceeding against any Insured
for an Employment Practices Wrongful Act;
Form B26030 (4/98 ed.) 1 Catalog NoABAp-S
Form 14-02-3611
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134 RECEIVED NYSCEF: 05/09/2022
05/31/2022
provided, that Claim does not include any labor or grievance arbitration or other
proceeding pursuant to a collective bargaining agreement, or any criminal
proceeding against an Insured.
Expenses"
(C) "Defense means reasonable legal fees and expenses incurred in the
investigation, defense or appeal of any Claim; provided, that Defense Expenses
does not include remuneration, salaries, wages, fees, expenses, overhead or
benefit expenses of any Insured.
"Discrimination"
(D) means any failure or refusal to hire any person, any failure or
refusal to promote any person, any failure or refusal to offer any person a
partnership or shareholder interest or to name any person as a partner or
shareholder, the demotion or discharge of any person, employment-related
defamation, wrongful failure to grant tenure, or any limitation, segregation or
classification of Employees or applicants for employment in any way that would
deprive or tend to deprive any person of employment opportunities or otherwise
adversely affect his or her status as an Employee because of such person's
race, color, religion, age, sex, national origin, disability, pregnancy, sexual
orientation or preference or other status that is protected pursuant to any
applicable federal, state or local statute or ordinance.
"Employee"
(E) means any individual whose labor or service is engaged by and
directed by the Firm. This includes part-time, seasonal and temporary
Employees as well as any individual employed in a supervisory or managerial
position. Employee also includes any partner, principal, director, officer, or
shareholder of the Firm. In addition, Employee includes any volunteer working
for the Firm, but solely for conduct within the scope of his or her duties as a
volunteer for the Firm; any independent contractor working solely for the Firm,
but solely for conduct within the scope of his or her duties as an independent
contractor for the Firm; and any leased employee working solely for the Firm,
but solely for conduct within the scope of his or her duties as a leased employee
for the Firm.
Act"
(F) "Employment Practices Wrongful means any actual or alleged: (1)
Wrongful Termination; (2) Discrimination; (3) Harassment; (4) Retaliation;
(5) Third Party Discrimination; (6) Third Party Harassment; or (7) Workplace
Tort.
"Firm"
(G) means the organization(s) engaged in the practice of law under the name
firstset forth in ITEM 1 of the Declarations whether as a partnership, professional
corporation or association or otherwise, and also will include its predecessors as
set forth in ITEM 1 of the Declarations.
Form B26030 (4/98 ed.) 2 CatalogNo ABAp-S
Form 14-02-3611
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NYSCEF DOC. NO. 100
134 RECEIVED NYSCEF: 05/09/2022
05/31/2022
"Harassment"
(H) means:
(1) unwelcome sexual advances, requests for sexual favors, or other verbal,
visual or physical conduct of a sexual nature that is made a condition of
employment at the Firm, is used as a basis for employment decisions at
the Firm, creates a work environment at the Firm that interferes with
performance, or creates an intimidating, hostile, or offensive working
environment; or
(2) workplace harassment (i.e., harassment of a non-sexual nature) which
creates a work environment at the Firm that interferes with performance
or creates an intimidating, hostile, or offensive working environment.
"Insured"
(I) means the Firm and each person who was, is or becomes:
(1) a partner, a principal, a director, an officer, or a shareholder of the Firm;
(2) a full-time or part-time salaried Employee of the Firm or of an
incorporated partner of the Firm; or
"counsel" counsel"
(3) or "of to the Firm;
solely with respect to conduct or actions within the scope of their employment at
the Firm.
"Loss"
(J) means any damages (including back pay awards, front pay awards,
compensatory damages and punitive damages ifinsurable under the law
pursuant to which this policy is construed), pre-judgment interest, post-judgment
interest, and settlements which an Insured is legally obligated to pay as a result
of a Claim; provided, that Loss does not include:
(1) civilor criminal fines, sanctions, liquidated damages, taxes or penalties,
the multiplied portion of any multiplied damage award (except for
multiplied damages awarded pursuant to the Age Discrimination in
Employment Act), or matters which are uninsurable under the law
pursuant to which this Policy is construed;
(2) any costs associated with the modification of any building or property in
order to provide any reasonable accommodations required by, made as a
resuit of, or to conform with the requirements of the Americans With
Disabilities Act and any amendments thereto or any similar federal, state
or local statute, regulation, or common law;
Form B26030 (4/98 ed ) 3 CatalogNo ABAp-S
Form 14-02-3611
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(3) any other non-monetary relief awarded against any Insured, including
without limitation any costs associated with compliance with any injunctive
relief of any kind or nature;
(4) severance pay or damages determined to be owing under an express
written contract of employment or an express written obligation to make
payments in the event of the termination of employment;
(5) payment of insurance plan benefits; and
(6) amounts awarded pursuant to a labor or grievance arbitration or other
proceeding pursuant to a collective bargaining agreement.
Period"
(K) "Policy means the period from the Inception Date to the Expiration Date
in ITEM 2 of the Declarations or to any earlier cancelation date.
Claim"
(L) "Potential means any person or entity alleging an Employment
"Alleging"
Practices Wrongful Act by an Insured. as used in this paragraph
means lodging a complaint or charge that does not constitute a Claim, but which
may subsequently give rise to a Claim, with a Supervisory Employee, the
Firm's human resources department, or the Firm's department that provides a
similar function to a human resources department.
Claims"
(M) "Related means all Claims based on, arising out of, directly or indirectly
resulting from, in consequence of, or in any way involving the same or related
facts, circumstances, situations, transactions, events, or Employment Practices
Wrongful Acts or the same or related series of facts, circumstances, situations,
transactions, events, or Employment Practices Wrongful Acts.
"Retaliation"
(N) means retaliatory treatment against an Employee of the Firm on
account of such Employee's exercise or attempted exercise of his or her rights
under law.
Employee"
(0) "Supervisory means a partner, a principal, a director, an officer, or a
shareholder of the Firm or the personnel director or any other Employee of the
Firm having management-level responsibility for personnel matters.
Discrimination"
(P) "Third Party means any disparate treatment or classification of
clients or other individuals based on race, color, religion, age, sex, national
origin, disability, pregnancy, sexual orientation or preference, or other status that
is protected pursuant to any applicable federal, state or local statute or
ordinance.
Form B26030 (4/98 ed.) 4 Catalog NoABAp-S
Form 14-02-3611
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Harassment"
(Q) "Third Party means:
(1) unwelcome sexual advances, requests for sexual favors, or other verbal,
visual or physical conduct of a sexual nature that is made by an
Employee to a client or other individual; or
(2) any other harassment of a client or other individual, by an Employee, that
creates an intimidating, hostile, or offensive environment.
Tort"
(R) "Workplace means employment-related misrepresentation, negligent
evaluation, wrongful discipline, or wrongful deprivation of career opportunity.
Termination"
(S) "Wrongful means the actual or constructive termination of the
employment of, or demotion of, failure or refusal to promote, failure or refusal to
offer a partnership or shareholder interest to, or to name as a partner or
shareholder, any Employee at the Firm, which is in violation of law or is against
public policy, or is in breach of an implied agreement to continue employment or,
subject to EXCLUSION (B)(4), is in breach of an express written agreement to
continue employment.
Ill. EXCLUSIONS
(A) The Underwriter willnot pay Defense Expenses or Loss for any Claim:
(1) arising out of any actual or alleged violation of the Employee Retirement
Income Security Act of 1974 and any amendments thereto or any similar
provisions of any federal, state or local statutes, ordinances, regulations,
or common law;
(2) arising out of any actual or alleged bodily injury to, or sickness, loss of
consortium, disease or death of, any person, or damage to or destruction
of property, including the loss of use thereof; provided, that this
EXCLUSION (A)(2) does not apply to Claims for emotional distress,
mental anguish or humiliation actually or allegedly resulting from an
Employment Practices Wrongful Act;
(3) arising out of:
(a) any fact, circumstance, situation, transaction or event of
Employment Practices Wrongful Acts about which any
Supervisory Employee had knowledge prior to the inception date
of the first Employment Practices Liability Insurance Policy issued
to the Firm by the Underwriter and continuously renewed by the
Underwriter; or
(b) any Claim or fact, circumstance, situation, transaction, or event, of
Employment Practices Wrongful Acts which, before the
Form B26030 (4/98 ed ) 5 Catalog No. ABAp-S
Form 14-02-3611
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Inception Date of this Policy as set forth in ITEM 2 of the
Declarations, was the subject of any notice given under any other
insurance policy, including but not limited to any policy of which this
Policy is a renewal or replacement, or which was identified in any
summary or statement of claims or circumstances which could give
rise to a claim submitted in connection with the Application or an
application for any policy of which this Policy is a renewal or
replacement;
provided, however, th
Preview
FILED: NEW YORK COUNTY CLERK 05/09/2022 05/31/2022 05:30 03:22 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 100 134 RECEIVED NYSCEF: 05/09/2022 05/31/2022 PREMlUM BILL Insured: WIESNER LAW FIRM Date: 01/20/2017 Producer: ALL RISKS LTD MD 10150 YORK RD, 5TH FLOOR HUNT VALLEY, MD 21030-0000 Company: Executive Risk Specialty Insurance Company THIS BILLING IS TO BE ATTACHED TO AND FORM A PART OF THE POLICY REFERENCED BELOW. Policy Number: 8246-9455 Policy Period: January 21, 2017 to January 21, 2018 NOTE: PLEASE RETURN THIS BILL WITH REMITTANCE AND NOTE HEREON ANY CHANGES. BILL WILL BE RECElPTED AND RETURNED TO YOU PROMPTLY UPON REQUEST. PLEASE REMIT TO PRODUCER INDICATED ABOVE. PLEASE REFER TO 8246-9455 Product Effective Date Premium EPLIABA 01/21/17 $4,250.00 * For Kentucky policies, amount displayed includes tax and collection fees. TOTAL POLICY PREMlUM $4,250.00 TOTAL INSTALLMENT PREMIUM DUE $4,250.00 Form 26-10-0426(Ed 2/98) FILED: NEW YORK COUNTY CLERK 05/09/2022 05/31/2022 05:30 03:22 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 100 134 RECEIVED NYSCEF: 05/09/2022 05/31/2022 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE (for policies with no terrorism exclusion or sublimit) Insuring Company: Executive Risk Specialty 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 covered 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: NEW YORK COUNTY CLERK 05/09/2022 05/31/2022 05:30 03:22 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 100 134 RECEIVED NYSCEF: 05/09/2022 05/31/2022 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 to that 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. 10-02-1281 (Ed.03/2015) FILED: NEW YORK COUNTY CLERK 05/09/2022 05/31/2022 05:30 03:22 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 100 134 RECEIVED NYSCEF: 05/09/2022 05/31/2022 IMPORTANT NOTICE TO POLICYHOLDERS Insuring Company: Executive Risk Specialty Insurance Company All of themembers of theChubb Group of Insurance companies doing business in the United States (hereinafter"Chubb") distribute theirproducts through licensed insurance brokers and agents ("producers"). Detailed information regarding the types ofcompensation paid by Chubb toproducers on US insurance transactions is available under the Producer Compensation link located atthe bottom of the page at or 1- www.chubb.com, by calling 866-588-9478. Additional information may be available from your producer. Thank you forchoosing Chubb. 10-02-1295 (ed. 6/2007) FILED: NEW YORK COUNTY CLERK 05/09/2022 05/31/2022 05:30 03:22 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 100 134 RECEIVED NYSCEF: 05/09/2022 05/31/2022 Notice of Loss Control Services Insuring Company: Executive Risk Specialty Insurance Company As a Chubb policyholder, we'd like to letyou know that we have valuable loss prevention information available to you. Belowis a description of these servims. Employme nt Practices Liability (EPL) Loss Prevention Se rvices . Chubb EPL Loss Prevention Web Site For information about the program, as well as a way to access many of our available services, go to http://csi.chubb.com/epilossprevention. " ChubbWorks.com ChubbWorks.com isa 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 towww.chubbworks.com and register using your policy number. " Employment PracticesLoss Prevention Guidelines Manual Written by Seyfarth Shawexclusively for Chubb, this manual provides an overviewof key employment issues and offers proactive ideas for avoiding employment lawsuits. To order the Employment Practices Loss Prevention Guidelines, simply call1.866.282.9001, order 14-01-0061, and provide your mailing address. " 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. In addition to preferred rates for customers, Chubb willreimburse customers for 50% of the cost of the qualified services, up to 10% of the customer's insurance premium. To access the network of consultants and learn more about the consultant services program, go to Chubb's EPL Loss Prevention Web site at http://csi.chubb.com/epilossprevention. " Toll-free Hot Line Have a question on howto handle an employment situation? Simply call1.888.249.8425 to access the nationally known employment lawfirm of Jackson Lewis Schnitzler & Krupman. We offer customers an unlimited number of callsto the hot line at no additional charge. If you have any questions on the EPL Loss Prevention program, simply consult http://csi.chubb.com/epllossprevention or email csi-info@chubb.com. ____________________ 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 liabilityisassumed by reason ofthe services, access or information provided. All services are subject to change without notice. 14-02-6351 (Ed. 11/2007) rev. FILED: NEW YORK COUNTY CLERK 05/09/2022 05/31/2022 05:30 03:22 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 100 134 RECEIVED NYSCEF: 05/09/2022 05/31/2022 IMPORTANT NOTICE New York Insuring Company: Executive Risk Specialty Insurance Company This insurer is not licensed in the State of New York and is not subject to itssupervision. B32015 (8/2001) 1 FILED: NEW YORK COUNTY CLERK 05/09/2022 05/31/2022 05:30 03:22 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 100 134 RECEIVED NYSCEF: 05/09/2022 05/31/2022 Executive Risk Home office: Specialty 82 Hopmeadow Street Insurance Company simsbury, Connecticut 06070--7683 EDGEsu ABA EMPLOYERS AN EMPLOYMENT PRACTICES LIABILITY INSURANCE POLICY FOR LAW FIRMS AMERICAN BAR ASSOCIATION ENDORSED BY THE AMERICAN BAR ASSOCIATION DECLARATIONS THIS IS A CLAIMS MADE POLICY WITH DEFENSE EXPENSES INCLUDED IN THE LIMIT OF LIABILITY. PLEASE READ THE ENTIRE POLICY CAREFULLY. RENEWAL OF POLICY NUMBER 8246-9455 (Jan 2016 - Jan 8246-9455 I 21, 21, 2017) "CLAIMS" NOTICE: THIS IS A CLAIMS MADE POUCY WHICH APPUES, SUBJECT TO ITS TERMS, ONLY TO FIRST PERIOD," MADE DURING THE "POUCY OR, IFPURCHASED, ANY EXTENDED REPORTING PERIOD. THE UMIT OF EXPENSES," LIABlUTY AVAILABLE TO PAY DAMAGES OR SETTLEMENTS WILL BE REDUCED BY "DEFENSE AND EXPENSES" "DEFENSE WILL BE APPLIED AGAINST THE RETENTION. THE UNDERWRITER WILL HAVE NO DUTY "CLAIM." TO DEFEND ANY ITEM 1. INSURED FIRM - NAME AND PRINCIPAL ADDRESS: ITEM 2. POLICY PERIOD: (a) Inception Date: January 21,2017 WIESNER LAW FIRM (b) Expiration Date: January 21,2018 34 EAST23RD ST, 6TH FL at 12:01 a.m. both dates atthe Principal NEW YORK, NY 10010 Address inITEM 1. Predecessor Firm(s): Address(es): ITEM 3. LIMIT OF LIABILITY (Inclusive of Defense Expenses): (a) $1,000,000.00 maximum Limit ofLiabilityforeach Claim. (b) $1,000,000.00 maximum aggregate Limit of for Liability allClaims. ITEM 4. RETENTIONS: ITEM 5. RETROACTIVE DATE: (a)$5,000.00 each and every Claim. Date of Organization (b) N/A aggregate. ITEM 6. PREMIUM: ITEM 7. EXTENDED REPORTING PERIOD: $4,250.00 premium. 1 year Extended Reporting Period. Due 45 days from the end ofthe month in which the $4,250.00 additional premium forExtended Reporting premium iseffective Period. ITEM 8. ENDORSEMENTS ATTACHED AT ISSUANCE: 10-02-2543 (10/16 ed.) 14-02-19952 (5/13 ed.) D33522 (7/10 ed.) 14-02-14603 (9/08 ed.) 14-02-21910 (10/15 D34075 (4/06 ed.) ed.) 14-02-14614 (6/09 ed.) B22671 (1/96 ed.) 14-02-14616 (9/08 ed.) D28571 (6/10 ed.) 14-02-14839 (6/12 D30770 (6/00 ed.) ed.) 14-02-15248 (7/09 D32433 (4/02 ed.) Form B26028 (4/98 ed.) CatalogNo ABAd-S FILED: NEW YORK COUNTY CLERK 05/09/2022 05/31/2022 05:30 03:22 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 100 134 RECEIVED NYSCEF: 05/09/2022 05/31/2022 ed.) These Declarations, the completed signed Application and the Policy with Endorsements shall constitute the contract between the Underwriter and the insureds. EXECUTIVE RISK IALTY IN RANCE COMPANY by (Authorized Company Representative): May 13, 1998 Form B26028 (4/98 ed.) CatalogNo. ABAd-S FILED: NEW YORK COUNTY CLERK 05/09/2022 05/31/2022 05:30 03:22 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 100 134 RECEIVED NYSCEF: 05/09/2022 05/31/2022 Edge" ABA Employers An Employment Practices Liability Insurance Policy for Law Firms Endorsed by the American Bar Association Executive Risk Specialty Insurance Company Home Office: 82 Hopmeadow Street Simsbury, Connecticut 06070-7683 Phone: 860.408.2000 Fax: 860.408.2002 AMERICAN BAR ASSOCIATION Email: cber-info@chubb.com Web Site: http://cber.chubb.com FILED: NEW YORK COUNTY CLERK 05/09/2022 05/31/2022 05:30 03:22 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 100 134 RECEIVED NYSCEF: 05/09/2022 05/31/2022 THIS IS A CLAIMS MADE POLICY WITH DEFENSE EXPENSES INCLUDED IN THE LIMIT OF LIABILITY. PLEASE READ THE ENTIRE POLICY CAREFULLY. EXECUTIVE RISK SPECIALTY INSURANCE COMPANY EDGEsu ABA EMPLOYERS An Employment Practices Liability Insurance Policy for Law Firms Endorsed by the American Bar Association Executive Risk Specialty Insurance Company (the "Underwriter") and the Insureds, subject to all of the terms, conditions, and limitations of this Policy, agree as follows: I. INSURING AGREEMENT The Underwriter will pay on behalf of the Insureds Defense Expenses and Loss in excess of the applicable retention set forth in ITEM 4 of the Declarations resulting from Claims first made against any Insured during the Policy Period or, ifapplicable, the Extended Reporting Period, for Employment Practices Wrongful Acts occurring subsequent to the Retroactive Date stated in ITEM 5 of the Declarations and before the expiration of the Policy Period. II. DEFINITIONS "Application" (A) means the application attached to and forming part of this Policy, including any materials submitted in connection with such application, allof which are on file with the Underwriter and are a part of this Policy, as ifphysically attached. "Claim" (B) means: (1) any written notice received by any Insured that any person or entity intends to hold an Insured responsible for an Employment Practices Wrongful Act; (2) any judicial, administrative or other proceeding against any Insured for an Employment Practices Wrongful Act; or (3) any written request to tollor waive a statute of limitations relating to a potential judicial, administrative or other proceeding against any Insured for an Employment Practices Wrongful Act; Form B26030 (4/98 ed.) 1 Catalog NoABAp-S Form 14-02-3611 FILED: NEW YORK COUNTY CLERK 05/09/2022 05/31/2022 05:30 03:22 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 100 134 RECEIVED NYSCEF: 05/09/2022 05/31/2022 provided, that Claim does not include any labor or grievance arbitration or other proceeding pursuant to a collective bargaining agreement, or any criminal proceeding against an Insured. Expenses" (C) "Defense means reasonable legal fees and expenses incurred in the investigation, defense or appeal of any Claim; provided, that Defense Expenses does not include remuneration, salaries, wages, fees, expenses, overhead or benefit expenses of any Insured. "Discrimination" (D) means any failure or refusal to hire any person, any failure or refusal to promote any person, any failure or refusal to offer any person a partnership or shareholder interest or to name any person as a partner or shareholder, the demotion or discharge of any person, employment-related defamation, wrongful failure to grant tenure, or any limitation, segregation or classification of Employees or applicants for employment in any way that would deprive or tend to deprive any person of employment opportunities or otherwise adversely affect his or her status as an Employee because of such person's race, color, religion, age, sex, national origin, disability, pregnancy, sexual orientation or preference or other status that is protected pursuant to any applicable federal, state or local statute or ordinance. "Employee" (E) means any individual whose labor or service is engaged by and directed by the Firm. This includes part-time, seasonal and temporary Employees as well as any individual employed in a supervisory or managerial position. Employee also includes any partner, principal, director, officer, or shareholder of the Firm. In addition, Employee includes any volunteer working for the Firm, but solely for conduct within the scope of his or her duties as a volunteer for the Firm; any independent contractor working solely for the Firm, but solely for conduct within the scope of his or her duties as an independent contractor for the Firm; and any leased employee working solely for the Firm, but solely for conduct within the scope of his or her duties as a leased employee for the Firm. Act" (F) "Employment Practices Wrongful means any actual or alleged: (1) Wrongful Termination; (2) Discrimination; (3) Harassment; (4) Retaliation; (5) Third Party Discrimination; (6) Third Party Harassment; or (7) Workplace Tort. "Firm" (G) means the organization(s) engaged in the practice of law under the name firstset forth in ITEM 1 of the Declarations whether as a partnership, professional corporation or association or otherwise, and also will include its predecessors as set forth in ITEM 1 of the Declarations. Form B26030 (4/98 ed.) 2 CatalogNo ABAp-S Form 14-02-3611 FILED: NEW YORK COUNTY CLERK 05/09/2022 05/31/2022 05:30 03:22 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 100 134 RECEIVED NYSCEF: 05/09/2022 05/31/2022 "Harassment" (H) means: (1) unwelcome sexual advances, requests for sexual favors, or other verbal, visual or physical conduct of a sexual nature that is made a condition of employment at the Firm, is used as a basis for employment decisions at the Firm, creates a work environment at the Firm that interferes with performance, or creates an intimidating, hostile, or offensive working environment; or (2) workplace harassment (i.e., harassment of a non-sexual nature) which creates a work environment at the Firm that interferes with performance or creates an intimidating, hostile, or offensive working environment. "Insured" (I) means the Firm and each person who was, is or becomes: (1) a partner, a principal, a director, an officer, or a shareholder of the Firm; (2) a full-time or part-time salaried Employee of the Firm or of an incorporated partner of the Firm; or "counsel" counsel" (3) or "of to the Firm; solely with respect to conduct or actions within the scope of their employment at the Firm. "Loss" (J) means any damages (including back pay awards, front pay awards, compensatory damages and punitive damages ifinsurable under the law pursuant to which this policy is construed), pre-judgment interest, post-judgment interest, and settlements which an Insured is legally obligated to pay as a result of a Claim; provided, that Loss does not include: (1) civilor criminal fines, sanctions, liquidated damages, taxes or penalties, the multiplied portion of any multiplied damage award (except for multiplied damages awarded pursuant to the Age Discrimination in Employment Act), or matters which are uninsurable under the law pursuant to which this Policy is construed; (2) any costs associated with the modification of any building or property in order to provide any reasonable accommodations required by, made as a resuit of, or to conform with the requirements of the Americans With Disabilities Act and any amendments thereto or any similar federal, state or local statute, regulation, or common law; Form B26030 (4/98 ed ) 3 CatalogNo ABAp-S Form 14-02-3611 FILED: NEW YORK COUNTY CLERK 05/09/2022 05/31/2022 05:30 03:22 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 100 134 RECEIVED NYSCEF: 05/09/2022 05/31/2022 (3) any other non-monetary relief awarded against any Insured, including without limitation any costs associated with compliance with any injunctive relief of any kind or nature; (4) severance pay or damages determined to be owing under an express written contract of employment or an express written obligation to make payments in the event of the termination of employment; (5) payment of insurance plan benefits; and (6) amounts awarded pursuant to a labor or grievance arbitration or other proceeding pursuant to a collective bargaining agreement. Period" (K) "Policy means the period from the Inception Date to the Expiration Date in ITEM 2 of the Declarations or to any earlier cancelation date. Claim" (L) "Potential means any person or entity alleging an Employment "Alleging" Practices Wrongful Act by an Insured. as used in this paragraph means lodging a complaint or charge that does not constitute a Claim, but which may subsequently give rise to a Claim, with a Supervisory Employee, the Firm's human resources department, or the Firm's department that provides a similar function to a human resources department. Claims" (M) "Related means all Claims based on, arising out of, directly or indirectly resulting from, in consequence of, or in any way involving the same or related facts, circumstances, situations, transactions, events, or Employment Practices Wrongful Acts or the same or related series of facts, circumstances, situations, transactions, events, or Employment Practices Wrongful Acts. "Retaliation" (N) means retaliatory treatment against an Employee of the Firm on account of such Employee's exercise or attempted exercise of his or her rights under law. Employee" (0) "Supervisory means a partner, a principal, a director, an officer, or a shareholder of the Firm or the personnel director or any other Employee of the Firm having management-level responsibility for personnel matters. Discrimination" (P) "Third Party means any disparate treatment or classification of clients or other individuals based on race, color, religion, age, sex, national origin, disability, pregnancy, sexual orientation or preference, or other status that is protected pursuant to any applicable federal, state or local statute or ordinance. Form B26030 (4/98 ed.) 4 Catalog NoABAp-S Form 14-02-3611 FILED: NEW YORK COUNTY CLERK 05/09/2022 05/31/2022 05:30 03:22 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 100 134 RECEIVED NYSCEF: 05/09/2022 05/31/2022 Harassment" (Q) "Third Party means: (1) unwelcome sexual advances, requests for sexual favors, or other verbal, visual or physical conduct of a sexual nature that is made by an Employee to a client or other individual; or (2) any other harassment of a client or other individual, by an Employee, that creates an intimidating, hostile, or offensive environment. Tort" (R) "Workplace means employment-related misrepresentation, negligent evaluation, wrongful discipline, or wrongful deprivation of career opportunity. Termination" (S) "Wrongful means the actual or constructive termination of the employment of, or demotion of, failure or refusal to promote, failure or refusal to offer a partnership or shareholder interest to, or to name as a partner or shareholder, any Employee at the Firm, which is in violation of law or is against public policy, or is in breach of an implied agreement to continue employment or, subject to EXCLUSION (B)(4), is in breach of an express written agreement to continue employment. Ill. EXCLUSIONS (A) The Underwriter willnot pay Defense Expenses or Loss for any Claim: (1) arising out of any actual or alleged violation of the Employee Retirement Income Security Act of 1974 and any amendments thereto or any similar provisions of any federal, state or local statutes, ordinances, regulations, or common law; (2) arising out of any actual or alleged bodily injury to, or sickness, loss of consortium, disease or death of, any person, or damage to or destruction of property, including the loss of use thereof; provided, that this EXCLUSION (A)(2) does not apply to Claims for emotional distress, mental anguish or humiliation actually or allegedly resulting from an Employment Practices Wrongful Act; (3) arising out of: (a) any fact, circumstance, situation, transaction or event of Employment Practices Wrongful Acts about which any Supervisory Employee had knowledge prior to the inception date of the first Employment Practices Liability Insurance Policy issued to the Firm by the Underwriter and continuously renewed by the Underwriter; or (b) any Claim or fact, circumstance, situation, transaction, or event, of Employment Practices Wrongful Acts which, before the Form B26030 (4/98 ed ) 5 Catalog No. ABAp-S Form 14-02-3611 FILED: NEW YORK COUNTY CLERK 05/09/2022 05/31/2022 05:30 03:22 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 100 134 RECEIVED NYSCEF: 05/09/2022 05/31/2022 Inception Date of this Policy as set forth in ITEM 2 of the Declarations, was the subject of any notice given under any other insurance policy, including but not limited to any policy of which this Policy is a renewal or replacement, or which was identified in any summary or statement of claims or circumstances which could give rise to a claim submitted in connection with the Application or an application for any policy of which this Policy is a renewal or replacement; provided, however, th