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(4) Any natural person who is a former employee, director, partner, member, manager, <br />representative or trustee retained as a consultant while performing services for you; or <br />(5) Any natural person who is a guest student or intern pursuing studies or duties, excluding, <br />however, any such person while having care and custody of property outside any building <br />you occupy in conducting your business. <br />But employee does not mean: <br />(1) Any agent, broker, factor, commission merchant, consignee, independent contractor or <br />representative of the same general character; or <br />(2) Any "manager", director or trustee except while performing acts coming within the usual <br />duties of an employee. <br />k. ERISA Compliance <br />In compliance with certain provisions of the Employee Retirement Income Security Act (ERISA): <br />(1) Employee also includes any natural person who is: <br />(a) A trustee, an officer, employee, administrator, or a manager, except an administrator or a <br />manager who is an independent contractor, of any Employee Welfare or Pension Benefit <br />Plan (hereafter called Plan) insured under this insurance; and <br />(b) Your director or trustee while that person is handling funds or other property of any Plan <br />insured under this insurance. <br />(2) If any Plan is insured jointly with any other entity under this insurance, you or the Plan <br />Administrator must select a Limit of Insurance for Employee Dishonesty that is sufficient to <br />provide an amount of insurance for each Plan that is at least equal to that required if each <br />Plan were separately insured. <br />(3) Any payment we make to you for loss sustained by any Plan will be held by that insured for <br />the use and benefit of the Plan(s) sustaining the loss. <br />(4) If two or more Plans are insured under this insurance, any payment we make for loss: <br />(a) Sustained by two or more Plans; or <br />(b) Of commingled funds or other property of two or more Plans that arises out of one <br />occurrence is to be shared by each Plan sustaining loss in the proportion that the amount <br />of insurance required for each such Plan under ERISA provisions bears to the total of <br />those amounts. <br />(5) Any Plan intended to benefit your employees is also considered an insured, but only as it <br />pertains to the Employee Dishonesty Additional Coverage. <br />(6) The deductible provision does not apply to loss sustained by any Plan. <br />Section I. Property, G. Optional Coverages, 3. Employee Dishonesty is deleted and not replaced <br />12. Extended Business Income <br />Section I. A. 5. f. (2) (2) (a) (ii), ii is deleted and replaced with the following: <br />ii. 180 consecutive days after the date determined in Paragraph (a)(i) above, unless a greater <br />number of days is shown in the Declarations. <br />13. Fine Arts <br />The following is added to the Additional Coverages section: <br />a. We will pay for direct loss of or damage to Fine Arts: <br />(1) Owned by you; or <br />(2) Owned by others, and in your care, custody and control; and <br />(3) Located at the described premises, or in transit to or from the described premises, or at your <br />residence. <br />b. Fine Arts includes, but is not limited to, antiques, paintings, etchings, drawings, tapestries, <br />sculptures and fragile property such as porcelains, china and marble. <br />BP990102 0522 Includes Copyrighted Material of the Insurance Services Office, Inc. Page 5 of 24 <br />Used with permission <br />ATTY/AGR.2026.027/Azasa Inc. (875 Middlefield Rd) (Page 22 of 51) <br />