Preview
FILED: NEW YORK COUNTY CLERK 02/23/2023 06:15 PM INDEX NO. 152308/2019
NYSCEF DOC. NO. 393 RECEIVED NYSCEF: 02/23/2023
Exhibit B
FILED: NEW YORK COUNTY CLERK 02/23/2023
05/09/2022 06:15
05:30 PM INDEX NO. 152308/2019
NYSCEF DOC. NO. 393
100 RECEIVED NYSCEF: 02/23/2023
05/09/2022
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 02/23/2023
05/09/2022 06:15
05:30 PM INDEX NO. 152308/2019
NYSCEF DOC. NO. 393
100 RECEIVED NYSCEF: 02/23/2023
05/09/2022
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 it reaches 80%, where it will remain.
However, if aggregate 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 02/23/2023
05/09/2022 06:15
05:30 PM INDEX NO. 152308/2019
NYSCEF DOC. NO. 393
100 RECEIVED NYSCEF: 02/23/2023
05/09/2022
If aggregate 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-.
If you have any questions about this notice, please contact your agent or broker.
10-02-1281 (Ed. 03/2015)
FILED: NEW YORK COUNTY CLERK 02/23/2023
05/09/2022 06:15
05:30 PM INDEX NO. 152308/2019
NYSCEF DOC. NO. 393
100 RECEIVED NYSCEF: 02/23/2023
05/09/2022
IMPORTANT NOTICE TO POLICYHOLDERS
Insuring Company: Executive Risk Specialty Insurance Company
All of the members of the Chubb Group of Insurance companies doing business in the United States
(hereinafter "Chubb") distribute their products through licensed insurance brokers and agents ("producers"). Detailed
information regarding the types of compensation paid by Chubb to producers on US insurance transactions is
available under the Producer Compensation link located at the bottom of the page at www.chubb.com, or by calling 1-
866-588-9478. Additional information may be available from your producer.
Thank you for choosing Chubb.
10-02-1295 (ed. 6/2007)
FILED: NEW YORK COUNTY CLERK 02/23/2023
05/09/2022 06:15
05:30 PM INDEX NO. 152308/2019
NYSCEF DOC. NO. 393
100 RECEIVED NYSCEF: 02/23/2023
05/09/2022
Notice of Loss Control Services
Insuring Company: Executive Risk Specialty Insurance Company
As a Chubb policyholder, we'd like to let you 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 aboutprogram,the as well as a way to access many of our available services,
go to http://csi.chubb.com/epilossprevention.
" 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 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 call 1.866.282.9001, 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 will reimburse 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 call 1.888.249.8425 to
access the nationally known employment lawfirm of Jackson Lewis Schnitzler & Krupman. We
offer customers an unlimited number of calls to 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 liability is assumed by reason of the 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 02/23/2023
05/09/2022 06:15
05:30 PM INDEX NO. 152308/2019
NYSCEF DOC. NO. 393
100 RECEIVED NYSCEF: 02/23/2023
05/09/2022
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 its supervision.
B32015 (8/2001) 1
FILED: NEW YORK COUNTY CLERK 02/23/2023
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05:30 PM INDEX NO. 152308/2019
NYSCEF DOC. NO. 393
100 RECEIVED NYSCEF: 02/23/2023
05/09/2022
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 - Jan
I 21, 2016 21, 2017) 8246-9455
"CLAIMS"
NOTICE: THIS IS A CLAIMS MADE POUCY WHICH APPUES, SUBJECT TO ITS TERMS, ONLY TO FIRST
PERIOD,"
MADE DURING THE "POUCY OR, IF PURCHASED, 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:
WIESNER LAW FIRM (a) Inception Date: January 21, 2017
34 EAST23RD FL (b) Expiration Date: January 21, 2018
ST, 6TH
at 12:01 a.m. both dates at the Principal
NEW YORK, NY 10010
Address in ITEM 1.
Predecessor Firm(s):
Address(es):
ITEM 3. LIMIT OF LIABILITY (Inclusive of Defense Expenses):
(a) $1,000,000.00 maximum Limit of Liability for each Claim.
(b) $1,000,000.00 maximum aggregate Limit of Liability for all Claims.
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 of the month in which the $4,250.00 additional premium for Extended Reporting
premium is effective 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.) Catalog No ABAd-S
FILED: NEW YORK COUNTY CLERK 02/23/2023
05/09/2022 06:15
05:30 PM INDEX NO. 152308/2019
NYSCEF DOC. NO. 393
100 RECEIVED NYSCEF: 02/23/2023
05/09/2022
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.) Catalog No. ABAd-S
FILED: NEW YORK COUNTY CLERK 02/23/2023
05/09/2022 06:15
05:30 PM INDEX NO. 152308/2019
NYSCEF DOC. NO. 393
100 RECEIVED NYSCEF: 02/23/2023
05/09/2022
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 02/23/2023
05/09/2022 06:15
05:30 PM INDEX NO. 152308/2019
NYSCEF DOC. NO. 393
100 RECEIVED NYSCEF: 02/23/2023
05/09/2022
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, if applicable, 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, all of which
are on file with the Underwriter and are a part of this Policy, as if physically
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 toll or 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 No ABAp-S
Form 14-02-3611
FILED: NEW YORK COUNTY CLERK 02/23/2023
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05:30 PM INDEX NO. 152308/2019
NYSCEF DOC. NO. 393
100 RECEIVED NYSCEF: 02/23/2023
05/09/2022
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
first set 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 Catalog No ABAp-S
Form 14-02-3611
FILED: NEW YORK COUNTY CLERK 02/23/2023
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05:30 PM INDEX NO. 152308/2019
NYSCEF DOC. NO. 393
100 RECEIVED NYSCEF: 02/23/2023
05/09/2022
"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 if insurable 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) civil or criminal fines, sanctions, liquidated
Preview
FILED: NEW YORK COUNTY CLERK 02/23/2023 06:15 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 393 RECEIVED NYSCEF: 02/23/2023 Exhibit B FILED: NEW YORK COUNTY CLERK 02/23/2023 05/09/2022 06:15 05:30 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 393 100 RECEIVED NYSCEF: 02/23/2023 05/09/2022 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 02/23/2023 05/09/2022 06:15 05:30 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 393 100 RECEIVED NYSCEF: 02/23/2023 05/09/2022 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 it reaches 80%, where it will remain. However, if aggregate 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 02/23/2023 05/09/2022 06:15 05:30 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 393 100 RECEIVED NYSCEF: 02/23/2023 05/09/2022 If aggregate 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-. If you have any questions about this notice, please contact your agent or broker. 10-02-1281 (Ed. 03/2015) FILED: NEW YORK COUNTY CLERK 02/23/2023 05/09/2022 06:15 05:30 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 393 100 RECEIVED NYSCEF: 02/23/2023 05/09/2022 IMPORTANT NOTICE TO POLICYHOLDERS Insuring Company: Executive Risk Specialty Insurance Company All of the members of the Chubb Group of Insurance companies doing business in the United States (hereinafter "Chubb") distribute their products through licensed insurance brokers and agents ("producers"). Detailed information regarding the types of compensation paid by Chubb to producers on US insurance transactions is available under the Producer Compensation link located at the bottom of the page at www.chubb.com, or by calling 1- 866-588-9478. Additional information may be available from your producer. Thank you for choosing Chubb. 10-02-1295 (ed. 6/2007) FILED: NEW YORK COUNTY CLERK 02/23/2023 05/09/2022 06:15 05:30 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 393 100 RECEIVED NYSCEF: 02/23/2023 05/09/2022 Notice of Loss Control Services Insuring Company: Executive Risk Specialty Insurance Company As a Chubb policyholder, we'd like to let you 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 aboutprogram,the as well as a way to access many of our available services, go to http://csi.chubb.com/epilossprevention. " 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 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 call 1.866.282.9001, 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 will reimburse 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 call 1.888.249.8425 to access the nationally known employment lawfirm of Jackson Lewis Schnitzler & Krupman. We offer customers an unlimited number of calls to 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 liability is assumed by reason of the 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 02/23/2023 05/09/2022 06:15 05:30 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 393 100 RECEIVED NYSCEF: 02/23/2023 05/09/2022 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 its supervision. B32015 (8/2001) 1 FILED: NEW YORK COUNTY CLERK 02/23/2023 05/09/2022 06:15 05:30 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 393 100 RECEIVED NYSCEF: 02/23/2023 05/09/2022 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 - Jan I 21, 2016 21, 2017) 8246-9455 "CLAIMS" NOTICE: THIS IS A CLAIMS MADE POUCY WHICH APPUES, SUBJECT TO ITS TERMS, ONLY TO FIRST PERIOD," MADE DURING THE "POUCY OR, IF PURCHASED, 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: WIESNER LAW FIRM (a) Inception Date: January 21, 2017 34 EAST23RD FL (b) Expiration Date: January 21, 2018 ST, 6TH at 12:01 a.m. both dates at the Principal NEW YORK, NY 10010 Address in ITEM 1. Predecessor Firm(s): Address(es): ITEM 3. LIMIT OF LIABILITY (Inclusive of Defense Expenses): (a) $1,000,000.00 maximum Limit of Liability for each Claim. (b) $1,000,000.00 maximum aggregate Limit of Liability for all Claims. 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 of the month in which the $4,250.00 additional premium for Extended Reporting premium is effective 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.) Catalog No ABAd-S FILED: NEW YORK COUNTY CLERK 02/23/2023 05/09/2022 06:15 05:30 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 393 100 RECEIVED NYSCEF: 02/23/2023 05/09/2022 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.) Catalog No. ABAd-S FILED: NEW YORK COUNTY CLERK 02/23/2023 05/09/2022 06:15 05:30 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 393 100 RECEIVED NYSCEF: 02/23/2023 05/09/2022 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 02/23/2023 05/09/2022 06:15 05:30 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 393 100 RECEIVED NYSCEF: 02/23/2023 05/09/2022 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, if applicable, 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, all of which are on file with the Underwriter and are a part of this Policy, as if physically 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 toll or 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 No ABAp-S Form 14-02-3611 FILED: NEW YORK COUNTY CLERK 02/23/2023 05/09/2022 06:15 05:30 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 393 100 RECEIVED NYSCEF: 02/23/2023 05/09/2022 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 first set 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 Catalog No ABAp-S Form 14-02-3611 FILED: NEW YORK COUNTY CLERK 02/23/2023 05/09/2022 06:15 05:30 PM INDEX NO. 152308/2019 NYSCEF DOC. NO. 393 100 RECEIVED NYSCEF: 02/23/2023 05/09/2022 "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 if insurable 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) civil or criminal fines, sanctions, liquidated