Exhibit 10.70


 


BATAN INSURANCE COMPANY SPC, LTD.


On
behalf of RTSI Segregated Portfolio


c/o
Aon Insurance Managers (Cayman) Ltd.


Buckingham
Square, 720 West Bay Road, P.O. Box 69, Grand Cayman KY1-1102, Cayman
Islands


 


HEALTHCARE PROFESSIONAL LIABILITY - CLAIMS MADE AND


HEALTHCARE GENERAL LIABILITY - OCCURRENCE


 


DECLARATIONS


 


Various
provisions in the General Policy Provisions and Conditions and Coverage Parts
restrict coverage. There may be both occurrence coverages and claims made
coverages in this Policy. Claims made coverage is limited to liability for
claims first made against an Insured during the policy period or any extended
reporting period, if applicable.


 


Please read
all General Policy Provisions and Conditions and Coverage Parts carefully to
determine rights, duties, and what is and what is not covered. A complete
Policy includes the Declarations, General Policy Provisions and Conditions, and
the applicable Coverage Parts.


 


	
  POLICY
  NUMBER:

  	
  BAT-1001-2009

  	
  RENEWAL OF NUMBER:

  	
  BAT-1001-2008

  



 


	
  Item 1.

  	
  FIRST
  NAMED INSURED: Radiation Therapy Services, Incorporated

  
	
   

  	
   

  
	
  Item 2.

  	
  ADDRESS:
  2234 Colonial Boulevard, Fort Myers, FL 33907

  



 


	
  Item 3. 

  	
  (a) RETROACTIVE DATE -

  	
  HEALTHCARE
  PROFESSIONAL LIABILITY

  
	
   

  	
   

  	
  CLAIMS
  MADE COVERAGE PART ONLY: March 4, 1976 and as
  per

  
	
   

  	
  Endorsement 1

  	
   

  
	
   

  	
  (b) POLICY
  PERIOD: From:

  	
  October 14,
  2009             To:             October 14,
  2010

  
	
   

  	
   

  	
  at
  12:01 a.m. Standard Time at your mailing address shown above.

  
	
   

  	
   

  	
   

  
	
   

  	
  (c) OPTIONAL EXTENDED REPORTING PERIOD: As per the terms and conditions at time option is exercised.

  



 


	
  Item 4.

  	
  DESCRIPTION
  OF OPERATIONS: Radiation Therapy Services

  
	
   

  	
   

  
	
  Item 5.

  	
  LIMITS OF INSURANCE
  (Excluding Defense Costs)

  
	
   

  	
   

  
	
   

  	
  (a)  Healthcare
  Professional Liability including Managed Care Liability

  	
  [GRAPHIC]

  



 


	
   

  	
  Each Medical Incident Limit (Shared by All Insureds)

  	
   

  	
  $

  	
  1,000,000

  	
   

  	
   

  	
   

  
	
   

  	
  Aggregate Limit (Shared by All Insureds)

  	
   

  	
  $

  	
  10,000,000

  	
   

  	
   

  	
   

  



 


	
   

  	
  (b)  Healthcare
  General Liability 

  



 


	
   

  	
  Aggregate Limit

  	
   

  	
  $

  	
  N/A

  	
   

  	
   

  	
   

  
	
   

  	
  Each Occurrence Limit

  	
   

  	
  $

  	
  N/A

  	
   

  	
   

  	
   

  
	
   

  	
  Products/Completed Operations Limit

  	
   

  	
  $

  	
  N/A

  	
   

  	
   

  	
   

  
	
   

  	
  Personal/Advertising Injury Limit

  	
   

  	
  $

  	
  N/A

  	
   

  	
   

  	
   

  
	
   

  	
  Fire Damage Limit

  	
   

  	
  $

  	
  N/A

  	
   

  	
   

  	
   

  
	
   

  	
  Medical Expense Limit

  	
   

  	
  $

  	
  N/A

  	
   

  	
   

  	
   

  



 


	
  Item 6.

  	
  PREMIUM

  
	
   

  	
  Premium

  	
  (Premium is net of any and
  all taxes, fees & surcharges of any kind)

  



 


	
  Item 7.

  	
  FORMS AND ENDORSEMENTS -
  Attached at inception

  
	
   

  	
  Forms: BATAN DEC (02/09);
  BATAN GEN (02/09); BATAN PL (02/09);79227(2/02), Endorsement 1 - Who Is An
  Insured; Endorsement 2 - Business Associate Endorsement; Endorsement 3 -
  Revised Business Associate Endorsement

  
	
   

  	
   

  
	
  Item 8.

  	
  AUTHORIZED REPRESENTATIVE
  NAME AND ADDRESS

  
	
   

  	
  Independently Procured
  Coverage

  



 


	
  By:

  	
  /s/ Authorized Signatory

  	
   

  	
  Date:

  	
  28.01.2010

  
	
   

  	
  For and on behalf of Aon Insurance Managers (Cayman) Ltd.

  	
   

  	
   

  	
   

  
	
   

  	
  As managers of Batan
  Insurance Company SPC, Ltd. on behalf of RTSI Segregated Portfolio

  	
   

  	
   

  	
   

  
						



 


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BATAN INSURANCE COMPANY SPC, LTD.


On
behalf of RTSI Segregated Portfolio


c/o
Aon Insurance Managers (Cayman) Ltd.


Buckingham
Square, 720 West Bay Road, P.O. Box 69, Grand Cayman KY1-1102, Cayman Islands


 


HEALTHCARE PROFESSIONAL LIABILITY AND 

HEALTHCARE GENERAL LIABILITY


 


GENERAL POLICY PROVISIONS AND CONDITIONS


 


VARIOUS PROVISIONS IN THE
GENERAL POLICY PROVISIONS AND CONDITIONS AND COVERAGE PARTS RESTRICT COVERAGE.
THERE MAY BE BOTH OCCURRENCE COVERAGES AND CLAIMS MADE COVERAGES IN THIS
POLICY. PLEASE READ ALL GENERAL POLICY PROVISIONS AND CONDITIONS AND COVERAGE
PARTS CAREFULLY TO DETERMINE YOUR RIGHTS, DUTIES, AND WHAT IS AND WHAT IS NOT
COVERED. A COMPLETE POLICY INCLUDES THE DECLARATIONS, GENERAL POLICY PROVISIONS
AND CONDITIONS, AND THE APPLICABLE COVERAGE PARTS.


 


Throughout this Policy the
words you and your mean the First Named Insured, including any other Named Insured. The words we, us and
our mean the Company providing
insurance under this Policy. Other words and phrases are defined in Section I.
Definitions Applicable to General Policy Provisions and Conditions and All
Coverage Parts. Further, words that appear in the General Policy Provisions and
Conditions may be defined in other Coverage Parts forming part of this policy.


 


In consideration of the
payment of the premium and in reliance upon the statements in the Application
and upon the Declarations, we agree as follows:


 


I.                           DEFINITIONS APPLICABLE TO GENERAL POLICY PROVISIONS AND
CONDITIONS AND ALL COVERAGE PARTS


 


A.                      Additional Named Insured means Any Professional
Association or Professional Corporation that is subject to a Management Service
Agreement with any Named Insured or
any Joint Venture owned more than 50% by any Named
Insured.


 


B.                        Advertisement means a notice that is broadcast or published to the
general public or specific market segments about your goods, products or services for the purpose of attracting
customers or supporters.


 


C.                        Auto means a land motor vehicle, trailer, or semitrailer
designed for travel on public
roads, including any attached machinery or equipment. Auto, however,
does not include mobile equipment.


 


D.                       Biomedical Waste means a biological agent or condition
including, but not limited to, an infectious organism or unsafe laboratory
condition that may cause or result in bodily
injury or property damage.


 


E.                         Bodily Injury means physical injury, sickness or disease sustained
by any person, including death resulting from any of these at any time. Bodily injury does not include emotional
distress or menial anguish unless due to physical injury, sickness or disease.


 


F.                         Claim means a written demand against an insured for monetary damages.


 


G.                        Defense Costs means costs and expenses incurred by you including fees charged by an attorney
designated by you to investigate
or defend any claim or suit brought
against any insured.


 


Defense costs do not include salary
charges or the expenses of your regular
employees.


 


H.                       Employee means a person
paid by you in connection with your business, It includes a leased
worker but does not include a temporary worker
or independent contractor.


 


I.                            Executive Officer means a person holding any of the officer
positions created by your charter,
constitution, by-laws or any other similar governing document.


 


28.01.10


 


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J.                           First Named Insured means the Named Insured designated on Item 1. of the
Declarations attached to this policy. Named
Insured includes all past, present and future direct or indirect
subsidiaries of the First Named Insured.


 


K.                       Impaired Property means tangible property, other than your product or your work, that cannot be
used or is less useful because:


 


1.                         It incorporates your
product or your work that is known or thought to be defective,
deficient, inadequate, or dangerous; or


 


2.                         You have failed to
fulfill the terms of a contract or agreement;


 


If such property can be
restored to use by:


 


1.                         The repair,
replacement, adjustment or removal of your
product or your work; or


 


2.                         The fulfilling
of the terms of the contract or agreement by you.


 


L.        Insured
Contract means:


 


1.                         A contract for
a lease of premises. However, that portion of the contract for a lease of
premises that indemnifies any person or organization for damage by fire to
premises while rented to you or
temporarily occupied by you with
permission of the owner is not an Insured
contract;


 


2.                         A sidetrack
agreement;


 


3.                         Any easement or
license agreement, except in connection with construction or demolition
operations on or within 50 feet of a railroad;


 


4.                         An obligation,
as required by ordinance, to indemnify a municipality, except in connection
with work for a municipality;


 


5.                         An elevator
maintenance agreement; or


 


6.                         That part of
any other contract or agreement pertaining to your
business (including an indemnification of a municipality in
connection with work performed for a municipality) under which you assume the tort liability of another
party to indemnify for bodily Injury or
property damage to a third person
or organization. Tort liability means a liability that would be imposed by law
in the absence of any contract or agreement.


 


Paragraph 6. does not
include that part of any contract or agreement:


 


a.                  That
indemnifies a railroad for bodily injury or
property damage arising out of
construction or demolition operations, within 50 feet of any railroad property
and affecting any railroad bridge or trestle, tracks, road-beds, tunnel,
underpass or crossing;


 


b.              That
indemnifies an architect, engineer or surveyor for injury or damage arising out
of:


 


i.                             Preparing,
approving or failing to prepare or approve maps, shop drawings, opinions,
reports, surveys, field orders, change orders or drawings, designs and
specifications; or


 


ii.                          Giving
directions or instructions, or failing to give them, if that is the primary
cause of the injury or damage; or


 


c.                  Under which you, if an architect, engineer or surveyor,
assumes liability for bodily injury or
property damage arising out of your rendering or failure to render
professional services, including those listed in b. above and supervisory,
inspection, architectural or engineering activities.


 


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M.                    Leased Worker means a person leased to you by a labor leasing firm, under an agreement between you and the labor leasing firm, to perform
duties related to the operations as described in the Declarations and which are
at your direction. Leased worker does not include a temporary worker.


 


N.                       Loading or Unloading means the handling of
property:


 


1.                         After it is
moved from the place where it is accepted for movement into or onto an
aircraft, watercraft, or auto;


 


2.                         While it is in
or on an aircraft, watercraft or auto; or


 


3.                         While it is
being moved from an aircraft, watercraft or auto
to the place where it is finally delivered;


 


But loading or unloading does not include the
movement of property by means of a mechanical device, other than a hand truck,
that is not attached to the aircraft, watercraft, or auto.


 


O.                       Medical Incident means any act, error or omission in the
providing of or failure to provide professional services.


 


P.                         Mobile Equipment means any of the following types of land
vehicles, including any attached machinery or equipment and including, but not
limited to:


 


1.                         Bulldozers,
farm machinery, forklifts, and other vehicles designed for use principally off
public roads;


 


2.                         Vehicles
maintained for use solely on or next to premises you own or rent;


 


3.                         Vehicles that
travel on crawler treads;


 


4.                         Vehicles,
whether self-propelled or not, maintained primarily to provide mobility to
permanently mounted:


 


a.                          Power cranes,
shovels, loaders, diggers or drills; or


 


b.                         Road
construction or resurfacing equipment such as graders, scrapers or rollers;


 


5.                         Vehicles other
than those described in Items 1, 2, 3, or 4 above that are not self-propelled
and are maintained primarily to provide mobility to permanently attached
equipment of the following types:


 


a.                          Air
compressors, pumps and generators, including spraying, welding, building
cleaning, geophysical exploration, lighting and well servicing equipment; or


 


b.                         Cherry pickers
and similar devices used to raise or lower workers;


 


6.                         Vehicles other
than those described in Items 1, 2, 3,
or 4 above that are maintained primarily for purposes other than the transportation
of persons or cargo.


 


However, self-propelled
vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos:


 


a.                          Equipment
designed primarily for:


 


i.                            Snow removal;


 


ii.                         Road
maintenance, but not construction or resurfacing; or


 


iii.                      Street
cleaning;


 


b.                         Cherry pickers
and similar devices mounted on auto
or truck chassis and used to raise or lower workers; and


 


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c.                          Air
compressors, pumps and generators, including spraying, welding, building
cleaning, geophysical exploration, lighting and well servicing equipment.


 


Q.                       Occurrence means:


 


1.                         As respects bodily injury, property damage or medical
expense, an accident, including continuous or repeated exposure to
substantially the same general conditions, which results in bodily injury or property damage neither expected nor intended from the
standpoint of the Insured. All
such exposure to substantially the same general conditions shall be considered
as arising out of one occurrence;


 


2.                         As respects personal injury, an offense arising out of your business that results in personal injury. All damages that arise
from the same or related injurious material or act shall be considered as
arising out of one occurrence, regardless
of the frequency of repetition thereof, the number and kind of media used and
the number of claimants;


 


3.                         As respects advertising injury, an offense committed in
the course of advertising your goods,
products and services that results in advertising
injury. All damages that arise from the same or related injurious
material or act shall be considered as arising out of one occurrence, regardless of the frequency or
repetition thereof, the number and kind of media used and the number of
claimants.


 


R.                        Patient means a person seeking or receiving, either on an
inpatient, outpatient or emergency basis, any form of medical, surgical, dental
or nursing care or any service or treatment.


 


S.                         Personal and Advertising Injury means injury, including
consequential bodily injury, arising
out of one or more of the following offenses:


 


1.                         False arrest,
detention, or imprisonment;


 


2.                         Malicious
prosecution;


 


3.                         The wrongful
eviction from, wrongful entry into, or invasion of the right of private occupancy
of a room, dwelling, or premises that a person occupies, committed by or on
behalf of its owner, landlord, or lessor;


 


4.                         Oral or written
publication of material that slanders or libels a person or organization or
disparages a person’s or organization’s goods, products or services;


 


5.                         Oral or written
publication of material that violates a person’s right of privacy;


 


6.                         The use of
another’s advertising idea in your
advertisement;


 


7.                         Infringing upon
another’s copyright, trade dress or slogan in your
advertisement.


 


T.                        Policy Period means the period commencing on the inception date
shown on the Declarations and ending on the earlier of the expiration date or
the effective date of cancellation of the Policy.


 


U.                       Pollutants means any solid, liquid, gaseous, or thermal
irritant or contaminant, including, but not limited to: smoke, vapor, soot,
fumes, acids, alkalis, chemicals and waste. Waste includes, but is not limited
to, biomedical waste and materials
to be recycled, reconditioned or reclaimed.


 


V.                        Products-Completed Operations Hazard includes all bodily injury and property damage occurring away from
premises you own or rent and
arising out of your product or your work except:


 


1.                         Products that
are still in your physical
possession; or


 


2.                         Work that has not
yet been completed or abandoned. However, your
work will be deemed completed at the earliest of the following
times:


 


a.                          When that part
of the work done at a job site has been put to its intended use by any person
or organization other than another contractor or subcontractor working on the
same project.


 


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b.                         When all of the
work called for in your contract
has been completed.


 


c.                          When all of the
work to be done at the job site has been completed if your contract calls for work at more than
one job site.


 


Work that may need service,
maintenance, correction, repair or replacement, but which is otherwise
complete, will be treated as completed.


 


This hazard does not include
bodily injury or property damage arising
out of:


 


1.                         The
transportation of property, unless the injury or damage arises out of a
condition in or on a vehicle not owned or operated by you, and that condition was created by the loading or unloading of that vehicle by any
Insured;


 


2.                         The existence
of tools, uninstalled equipment, or abandoned or unused materials; or


 


3.                         Products or
operations for which the classification, listed in the Declarations or in a  policy schedule, states that
products-completed operations are subject to the General Aggregate Limit.


 


W.                   Professional Services means:


 


1.                         Medical,
surgical, dental, nursing or other health care services including but not
limited to the furnishing of food or beverages in connection with such
services; the practice of nuclear medicine; the furnishing or dispensing of
drugs or medical, dental or surgical supplies or appliances; or the handling or
treatment of deceased human bodies, including, but not limited to, autopsies,
organ donation or other procedures;


 


2.                         Services by any
person as a  member of a  formal accreditation, standards review or
similar professional board or committee of any Insured; or


 


3.                         Supervising,
teaching, proctoring others at your request.


 


X.            Property
Damage means:


 


1.                         Physical injury
to tangible property, including all resulting loss of use of that property. All
such loss of use shall be deemed to occur at the time of the physical injury
that caused it; or


 


2.                         Loss of use of
tangible property that is not physically injured. Solely with respect to any bodily Injury and property damage coverage of this policy,
all such loss of use shall be deemed to occur at the time of the occurrence that caused it.


 


Y.                        Suit means a civil action in which damages are alleged
because of an occurrence, claim, medical
incident, bodily injury, property damage, personal injury or advertising injury
to which this insurance applies. Suit
includes:


 


1.                         An arbitration
proceeding in which such damages are claimed and to which an Insured must submit or does submit with our consent; or


 


2.                         Any other alternative
dispute resolution proceeding in which such damages are claimed and to which an
Insured submits with our consent.


 


Z.                        Temporary Worker means a  person
who is furnished to you to
substitute for a  permanent employee on leave or to meet seasonal or
short-term work load requirements.


 


AA.            Your
Product means:


 


1.                         Any goods or
products, other than real property, manufactured, sold, handled, distributed or
disposed of by:


 


6

















 


a.                          You;


b.                         Others trading
under your name; or


c.                          A person or
organization whose business or assets you
have acquired; and


 


2.                         Containers
(other than vehicles), materials, parts or equipment furnished in connection
with such goods or products.


 


Your
product includes:


 


1.                         Warranties or
representations made at any time with respect to the fitness, quality,
durability, performance or use of your
product; and


 


2.                         The providing
of or failure to provide warnings or instructions.


 


Your
product does not include vending machines or other property
rented to or located for the use of others but not sold.


 


BB.          Your Work means;


 


1.                         Work or
operations performed by you or on your behalf; and


 


2.                         Materials,
parts or equipment furnished in connection with such work or operations.


 


Your work includes:


 


1.                         Warranties or
representations made at any time with respect to the fitness, quality,
durability, performance or use of your work; and


 


2.                         Providing of or
failure to provide warnings or instructions.


 


II. INDEMNIFICATION
PAYMENTS UNDER THIS POLICY - ALL COVERAGE PARTS


 


A.                      We will indemnify the Insured for defense costs
paid in conjunction with the defense of any claim
or suit against an Insured for a covered claim seeking damages on account of a medical Incident, bodily injury, property damage,
personal injury or advertising
injury even if such claim or suit
is groundless, false or fraudulent. We
will indemnify you for those
amounts that you become legally
obligated to pay others as damages because of such claim or suit.


 


B.                        We shall indemnify, in addition to the limit of
liability, with respect to any claim or suit
you defend:


 


1.                         All expenses you incur including defense costs.


 


2.                         Up to $250 for
cost of bail bonds required because of accidents or traffic law violations
arising out of the use of any vehicle to which any bodily injury liability coverage applies.


 


3.                         The cost of
bonds to release attachments, but only for bond amounts within the applicable
Limit of Insurance.


 


4.                         All reasonable
expenses incurred by an Insured at
your request to assist you in the investigation or defense of the suit, including actual loss of earnings up
to $250 a day because of time off from work.


 


5.                         Pre-judgment
interest awarded against the Insured on
that part of the judgment you pay.
If prior to judgment, you make an
offer to indemnify the applicable Limit of Insurance, we will not indemnify any pre-judgment
interest based on that period of time after the offer.


 


6.                         All interest on
the full amount of any judgment that accrues after entry of the judgment and
before we have paid, offered to indemnify, or deposited in court the part of
the judgment that is within the applicable Limit of Insurance.


 


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7.                         All costs taxed
against the Insured in the suit.


 


8.                         Premiums on
appeal bonds required by law to appeal any suit
you defend, but only for bond amounts within the applicable Limits
of Insurance.


 


C.                        With respect to
the HEALTHCARE GENERAL LIABILITY COVERAGE PART only, if an indemnitee of the Insured is also named as a party to the suit, we will indemnify you for defense
costs incurred to defend such indemnitee if all of the following conditions are met:


 


1.                         The suit against the indemnitee seeks damages
for which the Insured has assumed
the liability of the indemnitee in a contract or agreement that is an insured contract;


 


2.                         This insurance
applies to such liability assumed by the Insured;


 


3.                         The obligation
to defend, or the cost of the defense of that indemnitee, has also been assumed
by the Insured in the same insured contract;


 


4.                         The allegations
in the suit and the information you know about the occurrence are such that no conflict
appears to exist between the interests of the Insured
and the interests of the indemnitee;


 


5.                         The indemnitee
and the Insured ask you to conduct and control the defense of
that indemnitee against such suit and
agree that you can assign the same
counsel to defend the Insured and
the indemnitee; and


 


6.                         The indemnitee
agrees in writing to:


 


a.                          Cooperate with you in the investigation, settlement or
defense of the suit,


 


b.                         Immediately
send you copies of any demands,
notices, summonses or legal papers received in connection with the suit;


 


c.                          Notify any
other insurer whose coverage is available to the indemnitee; and


 


d.                         Cooperate with you with respect to coordinating other
applicable insurance available to the indemnitee; and


 


7.                         The Indemnitee
provides you with written
authorization to:


 


a.                          Obtain records
and other information related to the suit; and


 


b.                         Conduct and
control the defense of the indemnitee in such suit.


 


So long as the above
conditions are met, defense costs incurred
by you in the defense of that
indemnitee, and defense costs incurred
by the indemnitee at your request,
will be paid as stated in Section II., Defense and Other Payments under
This Policy-All Coverage Parts. Defense costs
erode the total policy limits as outlined on the Declarations Page.


 


III.          CONDITIONS APPLICABLE TO ALL COVERAGE PARTS


 


The following conditions
apply to all coverage parts:


 


A.                      Assistance and
Cooperation


 


The Insured shall:


 


a.                          Cooperate with you in the investigation, settlement, or
defense of the claim or suit; and


 


b.                         Assist you, upon your
request, in the enforcement of any right against any person or
organization which may be liable to the Insured
because of injury or damage to which this insurance may also apply.


 


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The Insured shall not, except at the Insured’s own cost, voluntarily make a
payment, assume any obligation, or incur any expense, other than for first aid,
without your consent.


 


B.                        Audit


 


We may audit and
examine your books and records as
they relate to this policy at any time during the period of this policy and for
up to three years after the expiration or termination of this policy.


 


C.                        Changes


 


Notice to any agent or
knowledge possessed by any agent or any other person will not effect a waiver
or a change in any part of this policy. This policy can only be changed by a
written endorsement that becomes a part of this policy and that is signed by
one of our authorized representatives.


 


D.                       Knowledge and
Notice of a Medical Incident or Occurrence


 


Knowledge of a medical incident or occurrence on the part of the risk
management department or on the part of an executive
officer constitutes knowledge by the First Named Insured.


 


E.                         Coverage
Territory


 


We will cover an occurrence, offense or medical incident anywhere in the world
provided a claim is made and suit is brought in the United States of
America, its territories and possessions, Canada or Puerto Rico.


 


F.                         Mergers/Acquisitions


 


We will cover any
organization you newly acquire or
form, other than a partnership, joint venture or limited liability company, and
over which you maintain ownership
or at least a majority interest from the date that you acquire or form it. You are not covered for damages that
arise out of bodily injury, property damage or
medical incidents that occurred
before you acquired or formed the
organization, or personal and advertising
injury arising out of an occurrence
which took place before you acquired
or formed the organization.


 


If any person or
organization became an additional Named
Insured under this policy after the inception date, the policy period for that person or
organization begins on the date that such person or organization became an
additional Named Insured and ends
on the earlier of the expiration date or the effective date of cancellation of
the policy.


 


If you are acquired or merged into another
organization not named as an Insured in
this policy, then this insurance shall cease immediately upon such acquisition
or merger.


 


G.                        Legal Action
Against Us


 


No person or organization
has a right under this Policy:


 


1.                         To join us as a party or otherwise bring us into a suit
asking for damages from you; or


 


2.                         To sue us under this Policy, unless all this
Policy’s terms have been complied with in full.


 


A person or organization may
sue us to recover on an agreed settlement or on a final judgment against you obtained after an actual trial; but we will not be liable for damages that are
not payable under the terms of any Insuring Agreement or that are in excess of
the applicable Limit of insurance. An agreed settlement means a settlement and
release of liability signed by us, you and
the claimant or the claimant’s legal representative.


 


H.                       Other Insurance


 


If there is other insurance
which applies to the loss resulting from an occurrence,
offense or medical Incident, the
other insurance must indemnify first. If coverage is denied under any other
insurance purchased by the Named Insured, to
which this policy would apply, this Policy will apply to the loss on a primary
basis.


 


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These provisions do not
apply to other insurance policies written as specific excess insurance over the
Limits of Insurance of this Policy. This Policy applies to the amount of the
loss which is more than:


 


1.                         The Limits of
Insurance of the other insurance; and


 


2.                         The total of
all deductibles and self-insured amounts under all such other insurance.


 


I.                            Separation of Insureds


 


Except with respect to the
Limits of Insurance and deductible, and except with respect to any rights or
duties specifically assigned in this Policy to the Named Insured, this insurance applies:


 


1.                         As if each Insured were the only Insured; and


 


2.                         Separately to
each Insured against whom a claim is made or suit is brought.


 


J.                           Bankruptcy/insolvency


 


Your bankruptcy or
insolvency will not relieve us of  our obligations under this Policy.


 


K.                       Representations


 


By
accepting this Policy, the First Named Insured
agrees that:


 


1.                         The statements
in the Declarations and/or Applications are accurate and complete;


 


2.                         Those
statements are based upon representations made to us by you; and


 


3.                         We have issued this Policy in reliance upon your representations.


 


L.                         Subrogation


 


If an Insured has rights to recover all or part
of any payment you have made,
those rights are transferred to you. An
Insured shall do nothing to impair
these rights after a loss. At your request,
an Insured will bring suit or transfer those rights to you and fully cooperate with you with respect to enforcing them.


 


Any recoveries will be
applied in accordance with the following priorities:


 


1.                         Any person or
organization, including the Insured, that
have paid an amount in excess of your payment
will be indemnified first;


 


2.                         You then will be indemnified up to the amount you have paid; and


 


3.                         Lastly, any
interests, including the Insured, over
which this insurance is excess, are entitled to the residual.


 


M.                    Transfer of Your Rights and Duties


 


Your rights and
duties under this policy may not be transferred without our written consent.


 


If you die or are legally declared bankrupt, your rights and duties will be transferred
to your legal representative but
only while acting within the scope of duties as your legal representative. However, notice of cancellation
sent to the First Named Insured designated
in Item 1 of the Declarations and mailed to the address shown in this policy
will be sufficient notice to effect cancellation of this policy.


 


N.                       Special Rights And Duties Of First Named Insured


 


It is agreed by all Insureds that the First Named Insured is authorized to act on
behalf of all Insureds as to:


 


10














 


1.                         Giving and
receiving notice of cancellation;


 


2.                         Payment of
premiums and receipt of return premiums;


 


3.                         Acceptance of
any endorsements to this Policy;


 


4.                         Purchasing or
deciding not to purchase the Optional Extended Reporting Period Endorsement, if
applicable; or


 


5.                         Making changes
in this Policy or any coverage part with our consent.


 


6.                         Making
representation with respect to the issuance by us of this Policy.


 


7.                         Settlement of
all claims under this Policy,
subject to the Limits of Insurance stated in the Declarations. If State statute
should preempt such right an authority, the First
Named Insured shall obtain the necessary consent to settle
authorization prior to any settlement.


 


This Policy can only be
changed by a written endorsement we
issue and make a part of this Policy.


 


O.                       Titles Of
Paragraphs


 


Titles of paragraphs are
inserted solely for convenience of reference and shall not be deemed to limit,
expand or otherwise affect the provisions to which they relate.


 


P.                         Arbitration


 


In the event of a disagreement
as to the formation, validity, or interpretation of this Policy, it is mutually
agreed that such dispute shall be submitted to binding arbitration before a
panel of three (3) Arbitrators consisting of two (2) party-nominated
Arbitrators and a disinterested and impartial Umpire as the sole and exclusive
remedy. The party desiring arbitration of a dispute shall notify the other
party, said notice including name, address and occupation of the Arbitrator
nominated by the demanding party. The other party shall, within 30 days
following the receipt of the demand, notify the demanding party in writing of
the name, address and occupation of the Arbitrator nominated by it. The two (2) Arbitrators
so selected shall, within 30 days of the appointment of the second Arbitrator,
select an Umpire. If the Arbitrators are unable to agree on an Umpire, each
Arbitrator shall submit to the other Arbitrator a list of three (3) proposed
individuals, from which list each Arbitrator shall choose one (1) individual.
The names of the two (2) individuals so chosen shall be subject to a draw,
whereby the individual drawn shall serve as Umpire.


 


The parties shall submit
their cases to the panel by written and oral evidence at a hearing time and
place selected by the Umpire. Said hearing shall be held within 30 days of the
selection of the umpire, unless otherwise agreed The panel shall be relieved of
all judicial formality, shall not be obligated to adhere to the strict rules of
law or evidence, shall seek to enforce the intent of the parties hereto and may
refer to, but are not limited to, relevant legal principles. The decision of at
least two (2) of the three (3) panel members shall be binding and
final and shall not be subject to appeal except for grounds of fraud and gross misconduct
by the Arbitrators. The award will be issued within 30 days of the close of the
hearing.


 


Each Party shall bear the
fees and expenses of its designated Arbitrator and shall jointly and equally
share the other expenses of the arbitration and the fees and expenses of the
Umpire.


 


Except as may be provided
otherwise in this Policy, the
procedural rules applicable to this arbitration shall be conducted in
accordance with the Commercial Arbitration Rules of the American
Arbitration Association. The Arbitration shall take place in a location
mutually agreeable to the First Named Insured
and us.


 


11

















 


IV. CANCELLATION/NON - RENEWAL


 


A.                      When We Do Not Renew


 


If we decide not to renew
this Policy, we will mail or
deliver to the First Named Insured at
the address designated in the Declarations written notice of the non-renewal
not less than ninety (90) days before the expiration date. If such notice is
mailed, proof of mailing will be sufficient proof of notice. If we mail or deliver the notice less than
ninety (90) days before the expiration, we
will extend the policy  period so that the expiration date will be
ninety (90) days after we mail or
deliver the notice. You will be
charged a pro rata additional premium for such extension. Such extension shall
be subject to the remaining Limits of Insurance of this Policy and there shall
not be a reinstatement of the Aggregate Limits. You can terminate the extension at any time, but not
retroactively.


 


B.                        Cancellation


 


This Policy may be canceled
by the First Named Insured by
surrendering it to us or any of our authorized representatives or by
mailing to us written notice
stating when thereafter the cancellation shall be effective.


 


We may cancel
this Policy by mailing or delivering a written notice of cancellation to the First Named Insured at the address shown in
this Policy stating when, not less than 90 days thereafter, cancellation will
be effective. However, if we
cancel this Policy because the First Named
Insured has failed to indemnify a premium when due, this Policy may
be canceled by us by mailing or
delivering a written notice of cancellation to the First Named Insured at the address shown in this Policy
stating when, not less than 10 days thereafter, such cancellation will be
effective. The mailing of notice as aforesaid shall be sufficient proof of
notice.


 


The time of the surrender or
the effective date and hour of cancellation stated in the notice shall become
the end of the policy period. Delivery
of such written notice either by the First
Named Insured or by us shall
be the equivalent to mailing. If the First
Named Insured cancels, the unearned premium shall be computed in
accordance with the customary short rate table and procedure. If we cancel, unearned premium shall be
computed pro rata. Premium adjustment may be made either at the time
cancellation is effected or as soon as practicable after cancellation becomes
effective, but payment or tender of unearned premium is not a condition of
cancellation.


 


12

















 


BATAN INSURANCE COMPANY SPC, LTD.


On
behalf of RTSI Segregated Portfolio


c/o
Aon Insurance Managers (Cayman) Ltd.


Buckingham
Square, 720 West Bay Road, P.O. Box 69, Grand Cayman KY1-1102, Cayman
Islands


 


HEALTHCARE PROFESSIONAL LIABILITY


CLAIMS MADE COVERAGE PART


 


THIS
COVERAGE PART PROVIDES CLAIMS MADE COVERAGE ONLY. COVERAGE IS LIMITED TO
LIABILITY FOR CLAIMS FIRST MADE AGAINST AN INSURED DURING THE POLICY PERIOD OR
AN EXTENDED REPORTING PERIOD, IF APPLICABLE. PLEASE REVIEW THE POLICY
CAREFULLY AND DISCUSS THE POLICY WITH YOUR INSURANCE REPRESENTATIVE.


 


I. INSURING AGREEMENT


 


Healthcare Professional
Liability


 


We will indemnify
you for all sums you become legally obligated to pay others
as damages resulting from a medical incident arising
out of professional services provided
by any Insured. The amount we will pay for damages and defense costs is limited as described In Section IV.,
Limits of Insurance. The medical incident must
take place on or after the retroactive date and before the end of the policy period. A claim for a medical incident must be first made
against an Insured during the policy period or the extended reporting
period, if applicable. A claim for
a medical incident must be made
within the coverage territory.


 


No other obligation to
indemnify or perform acts or services is covered unless explicitly provided for
under Section ii. INDEMNIFICATION PAYMENTS UNDER THIS POLICY - ALL
COVERAGE PARTS of the GENERAL POLICY PROVISIONS AND CONDITIONS.


 


II. WHO IS AN INSURED


 


The following are Insureds under this Coverage Part:


 


A.                      You.


 


B.                        An individual
and the individual’s spouse are Insureds,
but only with respect to the conduct of your business named in the Declarations
of which such individual is the sole owner.


 


C.                        A partnership
or joint venture is an Insured.
The partnership’s partners or joint venture’s members and their spouses are
also Insureds, but only with
respect to the conduct of your
business.


 


D.                       A limited
liability company is an Insured. The
limited liability company’s members are also Insureds,
but only with respect to the conduct of your
business. Your managers are Insureds but only with respect to their
duties as your managers.


 


E.                         If you are designated in the Declarations as
other than partnership, joint venture or limited liability company, the
organization so designated and any executive
officer, director or stockholder thereof while acting within the
scope of his duties for you.


 


F.                         Your employees, other than your
executive officers (if you are an organization other than a
partnership, joint venture or limited liability company) or your  managers
(if you are a limited liability
company), are Insureds, but only
for acts within the scope of their employment by you or while performing duties related to the conduct of your
business.


 


G.                        Any student
enrolled in a training program in connection with your professional services, but only when acting within the
scope of his or her duties and at your
direction.


 


H.                       Any of your authorized volunteer workers, other
than a healthcare provider, but only while acting within the scope of their
duties as such and at your direction.


 


13

















 


I.                            Your legal representative if you die, but only with respect to his or her duties as a legal
representative.


 


J.                           Your superintendents, administrators, directors,
department heads and heads of the medical staff, but only in their capacity as
such.


 


K.                       Members of your boards and committees, but only for
conduct arising out of their duties as board or committee members and those who
execute orders from your boards or
committees, but only while in the course and scope of executing those orders.


 


L.                         Your trustees and governors, but only for the conduct of your business within the course and scope
of their employment or their duties as trustees or governors.


 


III. EXCLUSIONS


 


This insurance does not
apply to any medical incident, claim or suit arising
out of:


 


A.                      Prior Acts


 


Acts, errors or omissions of
which an Insured had knowledge
prior to the inception date of the policy
period, if, as of such date, an Insured
could reasonably foresee a claim might
result.


 


B.                        Contractual
Liability


 


Any liability you assume under any contract or agreement
except an insured contract.


 


This exclusion does not
apply to:


 


1.                         Liability that you would have in the absence of a contract
or agreement;


 


2.                         Liability you assume in a written contract with:


 


a.                          A Health
Maintenance Organization;


 


b.                         A Preferred
Provider Organization;


 


c.                          An Independent
Practice Association; or


 


d.                         Any other
similar organization;


 


but only for such liability
as is attributable to an Insured’s alleged
negligence arising out of professional
services.


 


C.                        Unfair Trade
Practices


 


Any allegations of price
fixing, unfair competition or trade practices; a dispute over fees, income or
revenue; the inducement to enter into, the interference with or the dissolution
or termination of any business or economic relationship; or violations of any
federal, state or local law (including but not limited to Title 15 of the
United States Code or any similar state statute) that prohibits the unlawful
restraint of trade, business or profession.


 


This exclusion shall not
apply to allegations of restraint of trade, business or profession arising out
of the activities of the Insured’s professional
boards or committees as described in Section II., Who is An Insured, K, provided that settlement
thereof or final judgment rendered therein does not affirm a violation of law;
regardless of such final settlement or adjudication, we will provide a defense as to such allegations.


 


D.                       U.S. Department
of Health & Human Services (HHS)


 


Any administrative or
judicial hearings pertaining to Medicare/Medicaid fraud or any other hearing
initiated against an Insured by
HHS or by any utilization or quality review organization under contract with
HHS.


 


14

















 


This exclusion does not
apply to HHS proceedings that allege the violation of the Emergency Medical
Treatment and Labor Act.


 


E.                         Workers
Compensation and Similar Laws


 


Any obligation an Insured has under a workers’ compensation,
disability benefits, or unemployment compensation law or any similar law.


 


F.                         Employer’s
Liability


 


1.                         Bodily Injury to an employee of
yours arising out of and in the
course of:


 


a.                          Employment by you; or


 


b.                         While
performing duties related to the conduct of your
business; or


 


2.                         Claims or suits by
a spouse, child, parent, grandparent, brother, or sister of that employee as a consequence of sub-paragraph
a. above.


 


This exclusion applies:


 


1.                         Whether you may be liable as an employer or in any
other capacity; and


 


2.                         To any
obligation to share damages with or repay someone else who must pay damages
because of the injury.


 


G.                        Employment
Practices


 


Refusal to employ,
termination of employment, coercion, demotion, evaluation, reassignment,
discipline, defamation, harassment, humiliation, or other practices or policies
related to employment or professional privileges.


 


This exclusion does not
apply to services by any person as a member of your formal accreditation, standards review or similar
professional board or committee otherwise covered by this Policy.


 


H.                       ERISA


 


Employee Retirement Income
Security Act (ERISA) of 1974 or amendments thereto, or any similar state law.


 


I.                            Damage to
Property


 


Any damage to real or
personal property and consequential loss resulting therefrom.


 


J.                           War


 


War, whether or not
declared, or any act or condition incident to war. War includes civil war,
insurrection, rebellion or revolution.


 


K.                       Dishonest
Practices


 


Dishonest, fraudulent,
criminal or malicious acts, errors, or omissions; however, we will defend civil
claims alleging such acts, errors
or omissions until final adjudication.


 


L.                         Pollution


 


1.                         The actual,
alleged, or threatened, discharge, dispersal, seepage, migration, release, or
escape of pollutants;


 


15

















 


2.                         Any direction,
request, demand, order or statutory or regulatory requirement to test for,
monitor, investigate, cleanup, remove, contain, treat, detoxify, or neutralize pollutants or in any way respond to or
assess the effects of pollutants; or


 


3.                         Any cost,
charge, expense or request for reimbursement arising out of 1. or 2. above.


 


This exclusion shall not
apply to damages arising out of heat, smoke or fumes from a hostile fire. As used in this exclusion, hostile fire means a  fire which becomes uncontrollable or
breaks out from where it was intended to be.


 


M.                    Nuclear Hazards


 


Nuclear fission, nuclear
fusion or radioactive contamination.


 


This exclusion does not
apply to bodily injury to a patient arising out of the practice of
Nuclear Medicine.


 


N.                       Asbestos


 


The manufacture, mining,
use, sale, installation, removal, abatement,
clean-up, distribution or exposure to asbestos, asbestos containing waste
materials, asbestos waste, asbestos fibers, asbestos products and asbestos
dust.


 


O.                       Sexual
Misconduct


 


Any sexual act, including
without limitation sexual intimacy (even if
consensual), sexual contact, sexual advances, requests for sexual favors,
sexual molestation, sexual assault, sexual abuse, sexual harassment, sexual
exploitation or other verbal or physical conduct of a sexual nature. However,
this exclusion does not apply to:


 


1.                         Any Specific
individual Insured who allegedly committed
such sexual misconduct, unless it is judicially determined that the Specific
Individual Insured committed the
sexual misconduct. If it is judicially determined that the Specific Individual Insured committed the sexual misconduct we will not pay any damages.


 


2.                         Any other Insured, unless that Insured;


 


a.                          knew or should
have known about the sexual misconduct allegedly committed by the Specific
Individual Insured, but failed to
prevent or stop it; or


 


b.                         knew or should
have known that the Specific Individual Insured
who allegedly committed the sexual misconduct had a prior history of
such sexual misconduct.


 


We will defend claims alleging such acts until final
adjudication.


 


As used in this exclusion,
Specific Individual Insured includes
employees and authorized volunteer
workers while performing duties related to the conduct of your business.


 


P.                         Discrimination/Humiliation


 


Any discrimination based on,
but not limited to race, color, creed, sex, religion, age, national origin,
physical impairment, sexual preference, nor any claims involving humiliation or mental anguish, arising out of
such discrimination whether or not for alleged violation of any federal, state
or local government law or regulation prohibiting such discrimination. However
this exclusion does not apply to any act or alleged discrimination arising out
of the provision of Professional Services.


 


Q.                       Expected Or
Intended Injury


 


Damages or harm expected or
intended from an Insured’s standpoint.


 


16

















 


R.                        Other Coverage
Parts


 


Any claims or suits brought under any Coverage Part of
this Policy other than this Healthcare Professional Liability Claims Made
Coverage Part.


 


S.                         Physicians


 


Any claim against any physician, including any
resident, intern, extern, or fellow.


 


T.                        Insured vs. Insured


 


Any claims made by one Insured against another Insured.


 


This exclusion does not
apply to:


 


1.                         services by any
person as a member of your formal
accreditation, standards review or similar professional board or committee
otherwise covered by this Policy.


 


2.                         Services
arising out of a medical incident involving
professional services provided by
an Insured to another Insured.


 


U.                       Penalties


 


Any fines, taxes or
penalties.


 


IV. LIMITS OF INSURANCE


 


A.                      The Limits of Insurance
shown in item 5(a) of the Declarations for Healthcare Professional
Liability are exclusive of defense costs and
the provisions below fix the most we
will pay regardless of the number of:


 


1.                         Insureds;


 


2.                         Claims made or suits
brought; or


 


3.                         Persons or
organizations making claims or
bringing suits.


 


B.                        Subject to
paragraph A. above, the each medical incident
limit stated in the Declarations, is the most we will pay under this Coverage Part for
damages arising out of a single medical
incident.


 


C.                        The Aggregate
Limit stated in the Declarations is the most we
will pay for all damages covered under this Coverage Part.


 


D.                       All claims arising from one medical incident or a series of related medical incidents shall be treated and
shall be deemed to have occurred at the time of the first medical incident regardless of the number
of claimants, or the number of Insureds against
whom such claims are made.


 


E.                         If the policy period is extended for an additional
period of less than 12 months, the additional period will be deemed part of the
policy period for purposes of
determining the Limits of Insurance.


 


V. ADDITIONAL CONDITIONS APPLICABLE TO THIS COVERAGE PART


 


In addition to the GENERAL
POLICY PROVISIONS AND CONDITIONS - Section III. CONDITIONS APPLICABLE TO
ALL COVERAGE PARTS, the following Conditions apply to this Coverage Part:


 


A.                      Automatic
Extended Reporting Period


 


1.                         If we cancel or non renew this Coverage Part for
any reason other than non-payment of premium, and if the Optional Extended
Reporting Period Endorsement is not purchased, then we will provide an
automatic extended reporting period of sixty (60) days, starting with the end
of the policy period, during which


 


17

















 


claims arising out of
medical incidents which take place
on or after the retroactive date stated on the Declarations Page but
before the end of the policy period may
be first made.


 


2.                         The automatic
extended reporting period does not extend the policy
period or change the scope of coverage provided. Any claim first made during the automatic
extended reporting period shall be deemed to have been made on the last day of
the policy period.


 


3.                         The automatic
extended reporting period, however, will not apply to claims if other insurance purchased by Insureds covers them or would have covered
them had its limits of insurance of such policy not been exhausted.


 


4.                         The Aggregate
Limits of Insurance applicable to this Coverage Part shall not be
increased or reinstated for the automatic extended reporting period.


 


5.                         Our offer of terms, conditions or premium different from
the expiring Policy or Coverage Part shall not be considered a refusal or
failure to renew this insurance.


 


B.                        Optional
Extended Reporting Period


 


1.                         If the First Named Insured or we cancel or do not renew this insurance,
the First Named Insured shall have
the option to purchase an Optional Extended Reporting Period Endorsement,
beginning with the end of the policy period. The
additional premium for and the term of the Optional Extended Reporting Period
Endorsement shall be as stated in item 3.c. of the Declarations. The First Named Insured can not purchase this
Endorsement if we cancel for
non-payment of premium.


 


2.                         The Optional
Extended Reporting Period Endorsement applies only to claims first made against the Insured during the Optional Extended
Reporting Period and arising from medical
incidents which take place on or after the retroactive date stated
in the Declarations Page and before the end of the policy period. The Aggregate Limits of
insurance applicable to this Coverage Part shall not be increased or
reinstated for claims under  the Endorsement. Claims first made during the Optional
Extended Reporting Period Endorsement shall be deemed to have been made on the
last day of the policy period.


 


3.                         To obtain an
Optional Extended Reporting Period Endorsement the First Named Insured must request it in writing within sixty
(60) days after the policy period ends
and pay the premium due. If the First Named
Insured does so, the premium shall be fully earned and the Extended
Reporting Period Endorsement cannot be canceled. If we do not receive the written request and payment within sixty
(60) days after the policy period ends,
the First Named Insured may not
exercise this option at a later date.


 


4.                         The insurance
provided under the Extended Reporting Period Endorsement is excess over any
other valid and collectible insurance that begins or continues in effect after
the Extended Reporting Period Endorsement becomes effective, whether the other
insurance applies on a primary, excess, contingent, or any other basis.


 


5.                         Our offer of terms, conditions or premium different from
the expiring Policy or Coverage Part shall not be considered a refusal or
failure to renew this insurance.


 


C.                        Duties in the
Event Of A Claim or Suit


 


1.                         The First Named Insured or their designated claims manager must provide us with a quarterly listing, either
electronically or in writing, of claims made under the policy. Notice shall
include the following:


 


a.                          Claimant name;


b.                         Loss Date and
Report Date; and


c.                          Current
reserves and also paid amounts for which the First
Named Insured is seeking reimbursement under the policy


 


2.                         The First Named Insured will cooperate with us,
and any other person or persons designated by us,
in providing any requested information as soon as reasonably
practical.


 


28.01.10


 


18

















 


ENDORSEMENT NO. 1


WHO IS AN INSURED ENDORSEMENT


 


Effective
12:01 AM: October 14, 2009


 


Forms a
part of policy no.: BAT-1001-2009


 


Issued to: Radiation
Therapy Services, Incorporated


 


By: Batan
Insurance Company, SPC, Ltd.


 


 


It is understood and agreed
that Section II. Who Is An Insured under
Healthcare Professional Liability Claims Made Coverage Part is amended to
include as an Insured, the
complete listing of Named Insureds Entities and
retroactive dates, as amended from time to time, on file with the risk
management department of the First Named
Insured.


 


All other terms, conditions
and exclusions of the policy remain unchanged.


	
   

  	
   

  
	
  /s/ Authorized Signatory
  28.01.10

  	
   

  
	
  AUTHORIZED REPRESENTATIVE

  	
   

  



 


19

















 


ENDORSEMENT NO. 2


BUSINESS ASSOCIATE ENDORSEMENT


 


Effective
12:01 AM: October 14, 2009


 


Forms a
part of policy no.: BAT-1001-2009


 


Issued to: Radiation
Therapy Services, Incorporated


 


By: Batan
Insurance Company, SPC, Ltd.


 


Obligations
of the Insurer


 


Pursuant to the Standards
for Privacy of Individually Identifiable Health Information and the Health
Insurance Reform Security Standards issued under the Health Insurance
Portability and Accountability Act of 1996 {the “Privacy Rule” and the “Security
Rule,” respectively), the Insurer shall:


 


1.                          Not use or
further disclose protected health information, as defined by the Privacy Rule (“PHI”),
other than:


 


a.                         To administer
this Policy or reinsurance agreements to which the Insurer is a party relating
to this Policy;


 


b.                        To analyze
coverage and/or liability issues;


 


c.                         To evaluate claims for purposes of defense or
settlement;


 


d.                        To set,
evaluate or adjust reserves;


 


e.                         To set, raise
or refund any current or future insurance or reinsurance premiums;


 


f.                           To underwrite
this Policy or future insurance coverage;


 


g.                        To evaluate the
Insured’s risk management, loss
prevention and quality assurance activities;


 


h.                        As otherwise
provided in this Endorsement or in connection with this Policy or as permitted
or required by the Policy;


 


i.                            For the proper
management and administration of the insurer and to carry out the legal
responsibilities of the Insurer, provided in each case that the disclosure is
required by law, or reasonable assurances are obtained from the person to whom
the information is disclosed that it will be held confidentially and used or
further disclosed only as required by law or for the purpose for which it was
disclosed to such person and that the person notifies the Insurer of any
instances of which it is aware in which the confidentiality of the information
has been breached;


 


j.                            To provide data
aggregation services relating to the health care operations of the Insureds; and


 


k.                         As required by
applicable law.


 


2.                          Use appropriate
safeguards to prevent use or disclosure of PHI other than as provided for by
this Endorsement. Additionally, the Insurer agrees to implement administrative,
physical and technical safeguards that reasonably and appropriately protect the
confidentiality, integrity and availability of the electronic PHI that it
creates, maintains or transmits on behalf of the Insured.


 


28.01.10


 


20














 


3.                          Report to the Insured who provided such PHI any use or
disclosure of PHI not provided for by this Endorsement and any Security
Incident (i.e., the attempted or
successful unauthorized access, use, disclosure, modification or destruction of
information or interference with system operations in an information system) of
which the Insurer becomes aware.


 


4.                          Ensure that any
of its agents or subcontractors to which the Insurer provides PHI received from
or created or received on behalf of Insured agrees
to the same restrictions and conditions that apply through this Endorsement to
the Insurer with respect to PHI, including without limitation, the obligation
to implement reasonable and appropriate safeguards to protect electronic PHI.


 


5.                          To the extent
the Insurer maintains PHI in a designated record set (as defined by the Privacy
Rule) and at the request of the Insured, make
such PHI available for access to the Insured except
for:


 


a.                         PHI maintained
by the Insurer which is a copy of PHI held by the Insured; or


 


b.                        Information
that is protected by the Privacy Rule or other applicable law from
disclosure.


 


6.                          To the extent
the Insurer maintains PHI in a designated record set (as defined by the Privacy
Rule) and at the request of an Insured, make
available to the Insured such PHI
for amendment and incorporate any amendments to PHI provided by the Insured.


 


7.                          At the request
of an Insured, provide
documentation of disclosures of PHI made by the Insurer other than for purposes
described in Paragraph 1 above and provide the following information related to
each such disclosure for purposes of enabling the Insured to provide an accounting of disclosures of PHI as
required under the Privacy Rule:


 


a.                         The date of the
disclosure;


 


b.                        The name of the
entity or person who received PHI and, if known, the address of such entity or
person;


 


c.                         A brief
description of PHI disclosed; and


 


d.                        A brief
statement of the purpose of the disclosure that reasonably informs the Insured of the basis for the disclosure.


 


The foregoing is subject to
all of the exceptions to an accounting of disclosures of PHI provided in the
Privacy Rule (e.g., no accounting is required for disclosures of PHI made
in connection with health care operations as defined by the Privacy Rule).


 


8.                          Make its
internal practices, books, and records relating to the use and disclosure of
PHI received from or by the Insurer on behalf of the Insured available to the Secretary of the United States
Department of Health and Human Services for purposes of determining the Insured’s compliance with the Privacy Rule.


 


28.01.10


 


21

















 


Obligations
of the Insureds


 


An Insured shall:


 


1.                          Not request the
Insurer to use or disclose PHI in any manner prohibited to the Insured under the Privacy Rule.


 


2.                          Notify the
Insurer of any limitations in or changes to its Notice of Privacy Practices to
the extent that such limitation or change may affect the Insurer’s use or
disclosure of PHI.


 


3.                          Notify the
Insurer of any restriction on the use or disclosure of PHI that it has agreed
to in accordance with the Privacy Rule to the extent that such restriction
may affect the Insurer’s use or disclosure of PHI.


 


Material
Breach Involving PHI


 


Upon the Insured’s knowledge of a  material breach by the Insurer of the
provisions of this Endorsement involving the use or disclosure of PHI, the Insured shall provide the Insurer with
written notice of such breach, including a description of the manner in which
the circumstances leading to such breach can be cured. The Insured shall provide the Insurer with an
opportunity to cure by taking steps to change such circumstances within the
sixty-day period following the notice. if the breach is not cured within such
sixty-day period, the Insured may
terminate this Policy with respect to the Insured,
if feasible. The Insurer acknowledges that if termination under
those circumstances is not feasible, the Insured
is obligated to report the violation to the Secretary of the United
States Department of Health and Human Services.


 


Effect of
Termination or Cancellation


 


The Insurer and the Insured acknowledge and agree that PHI will
be needed by the Insurer following the termination or cancellation of the
Policy for purposes described herein, and that it therefore is not feasible for
the Insurer to return or destroy all PHI received from or on behalf of Insured. Therefore, the Insurer shall
extend the protections of this Endorsement to such PHI and limit further uses
and disclosures of such PHI to those purposes that make the return or
destruction infeasible for so long as the Insurer maintains such PHI. These
provisions shall survive termination of this Policy.


 


Applicability


 


This Endorsement applies to
a  particular Insured only if and to the extent such Insured is a covered entity or a  member of the workforce of a  covered entity within the meaning of the
Privacy Rule. This Endorsement is being provided solely for the purpose of
enabling the Insured to comply
with its obligations as a “covered entity” under the Privacy Rule and does
not constitute an agreement by the Insurer to be subject to any United States
federal or state law to which the Insurer is not otherwise subject.


 


All other terms, conditions
and exclusions of the policy remain unchanged.


	
   

  	
   

  
	
  /s/ Authorized Signatory
  28.01.10

  	
   

  
	
  AUTHORIZED REPRESENTATIVE

  	
   

  



 


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ENDORSEMENT NO. 3


REVISED BUSINESS ASSOCIATE ENDORSEMENT


 


Effective
12:01 AM: February 17, 2010


 


Forms a
part of policy no.: BAT-1001-2009


 


Issued to: Radiation
Therapy Services, Incorporated


 


By: Batan Insurance
Company, SPC, Ltd.


 


Effective February 17,
2010 this endorsement replaces Endorsement No. 2 Business Associate
Endorsement:


 


Obligations
of the Company


 


Pursuant to the Standards
for Privacy of Individually Identifiable Health Information and the Health
Insurance Reform Security Standards issued under the Health Insurance
Portability and Accountability Act of 1996 and subsequent modifications thereof
(the “Privacy Rule” and the “Security Rule,” respectively), the Company shall:


 


1.                         Not use or
further disclose protected health information, as defined by the Privacy Rule (“PHI”),
other than:


 


a.                          To administer
this Policy or reinsurance agreements to which the Company is a party relating
to this Policy;


 


b.                         To analyze coverage
and/or liability issues;


 


c.                          To evaluate
claims for purposes of defense or settlement;


 


d.                         To set,
evaluate or adjust reserves;


 


e.                          To set, raise
or refund any current or future insurance or reinsurance premiums;


 


f.                            To underwrite
this Policy or future insurance coverage;


 


g.                         To evaluate the
Insured’s risk management, loss prevention and quality assurance activities;


 


h.                         As otherwise
provided in this Endorsement or in connection with this Policy or as permitted
or required by the Policy;


 


i.                             For the proper
management and administration of the Company and to carry out the legal
responsibilities of the Company, provided in each case that the disclosure is
required by law, or reasonable assurances are obtained from the person to whom
the information is disclosed that it will be held confidentially and used or
further disclosed only as required by law or for the purpose for which it was
disclosed to such person and that the person notifies the Company of any
instances of which it is aware in which the confidentiality of the information
has been breached;


 


j.                             To provide data
aggregation services relating to the health care operations of the Insureds;
and


 


k.                          As required by
applicable law.


 


2.                         Use appropriate
safeguards to prevent use or disclosure of PHI other than as provided for by
this Endorsement. Additionally, the Company agrees to implement administrative,
physical and technical safeguards that reasonably and appropriately protect the
confidentiality, integrity and availability of the electronic PHI that it
creates, maintains or transmits on behalf of the Insured.


 


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23

















 


3.                         Report to the
Insured who provided such PHI any use or disclosure of PHI not provided for by
this Endorsement, any Security Incident (i.e.,
the attempted or successful unauthorized access, use, disclosure,
modification or destruction of information or interference with system
operations in an information system) and any “breach” of “unsecured PHI” (as
those terms are defined in the Health Information Technology for Clinical
Health Act (the “HITECH Act”)) of which the Company becomes aware.


 


4.                         Ensure that any
of its agents or subcontractors to which the Company provides PHI received from
or created or received on behalf of Insured agrees to the same restrictions and
conditions that apply through this Endorsement to the Company with respect to
PHI, including without limitation, the obligation to implement reasonable and
appropriate safeguards to protect electronic PHI.


 


5.                         To the extent
the Company maintains PHI in a designated record set (as defined by the Privacy
Rule) and at the request of the Insured, make such PHI available for access to
the Insured except for:


 


(a)                     PHI maintained by the
Company which is a copy of PHI held by the Insured; or


 


(b)                    Information that is
protected by the Privacy Rule or other applicable law from disclosure.


 


6.                         To the extent
the Company maintains PHI in a designated record set (as defined by the Privacy
Rule) and at the request of an Insured, make available to the Insured such PHI
for amendment and incorporate any amendments to PHI provided by the Insured.


 


7.                         At the request
of an Insured, provide documentation of disclosures of PHI made by the Company
other than for purposes described in Paragraph 1 above and provide the
following information related to each such disclosure for purposes of enabling
the Insured to provide an accounting of disclosures of PHI as required under
the Privacy Rule:


 


(a)                     The date of the disclosure;


 


(b)                    The name of the entity or
person who received PHI and, if known, the address of such entity or person;


 


(c)                     A brief description of PHI
disclosed; and


 


(d)                    A brief statement of the
purpose of the disclosure that reasonably informs the Insured of the basis for
the disclosure.


 


The foregoing is subject to
all of the exceptions to an accounting of disclosures of PHI provided in the
Privacy Rule as modified by the HITECH Act.


 


8.                         Make its
internal practices, books, and records relating to the use and disclosure of
PHI received from or by the Company on behalf of the Insured available to the
Secretary of the United States Department of Health and Human Services for
purposes of determining the Insured’s compliance with the Privacy Rule.


 


24

















 


Obligations
of the Insureds


 


An Insured shall:


 


(1)                    Not request the Company to
use or disclose PHI in any manner prohibited to the Insured under the Privacy
Rule.


 


(2)                    Notify the Company of any
limitations in or changes to its Notice of Privacy Practices to the extent that
such limitation or change may affect the Company’s use or disclosure of PHI.


 


(3)                    Notify the Company of any
restriction on the use or disclosure of PHI that it has agreed to in accordance
with the Privacy Rule to the extent that such restriction may affect the
Company’s use or disclosure of PHI.


 


Material
Breach Involving PHI


 


Upon the Insured’s knowledge
of a material breach by the Company of the provisions of this Endorsement
involving the use or disclosure of PHI, the insured shall provide the Company
with written notice of such breach, including a description of the manner in
which the circumstances leading to such breach can be cured. The Insured shall
provide the Company with an opportunity to cure by taking steps to change such circumstances
within the sixty-day period following the notice. If the breach is not cured
within such sixty-day period, the Insured may terminate this Policy with
respect to the Insured, if feasible. The Company acknowledges that if
termination under those circumstances is not feasible, the Insured is obligated
to report the violation to the Secretary of the United States Department of
Health and Human Services (the “Secretary”).


 


If the Company reports a
breach of unsecured PHI (as defined in the HITECH Act) to the Insured, the
Insured shall provide any notices required by the HITECH Act to (i) the
individuals whose PHI was involved in the breach, and (ii) the Secretary.
Upon request of the Insured and subject to applicable law, the Company shall
provide the Insured with information in its possession required for such
notices.


 


Effect of
Termination or Cancellation


 


The Company and the Insured
acknowledge and agree that PHI will be needed by the Company following the
termination or cancellation of the Policy for purposes described herein, and
that it therefore is not feasible for the Company to return or destroy all PHI
received from or on behalf of Insured. Therefore, the Company shall extend the
protections of this Endorsement to such PHI and limit further uses and
disclosures of such PHI to those purposes that make the return or destruction
infeasible for so long as the Company maintains such PHI. These provisions
shall survive termination of this Policy.


 


Applicability


 


This Endorsement applies to
a particular Insured only if and to the extent such Insured is a covered entity
or a member of the workforce of a covered entity within the meaning of the
Privacy Rule. This Endorsement is being provided solely for the purpose of
enabling the Insured to comply with its obligations as a “covered entity” under
the Privacy Rule and does not constitute an agreement by the Company to be
subject to any United States federal or state law to which the Company is not
otherwise subject.


 


	
   

  	
   

  
	
   

  	
  /s/ Authorized Signatory
  28.01.10

  
	
   

  	
  Authorized Representative

  



 


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