Exhibit 10.71


 


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


 


EXCESS PHYSICIAN PROFESSIONAL LIABILITY POLICY


 


Coverage is provided in the
Company checked below:


 


x                     Batan Insurance Company SPC, Ltd. on behalf of  

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


 


	
  Previous Policy No.:
  BAT-0001-2008

  	
   

  	
  Policy
  No.: BAT-0001-2009

  
	
   

  	
   

  	
   

  
	
  DECLARATIONS

  
	
   

  	
   

  	
   

  
	
  Named
  Insured, Mailing Address:  

  Radiation Therapy Services, incorporated

  (Additional Insureds listed on Endorsement
  #1) 

  2234 Colonial Boulevard 

  Fort. Myers, Florida 33907

  	
   

  	
  Producer &
  Code Number:  

  Independently Procured Coverage

  



 


1.                         Policy Period:


 


	
   

  	
  From:

  	
  October 14, 2009 to
  October 14, 2010 at 12:01 A.M.

  
	
   

  	
   

  	
  Standard Time at your
  mailing address shown above.

  



 


2.                         Physician Limits of
Insurance


 


The difference between:


 


USD
1,000,000                                 per physician
per “Occurrence” or “Medical Incident” exclusive of Defense costs


USD
3,000,000                                 per physician
in the annual aggregate exclusive of Defense costs


 


And the
UNDERLYING LIMITS of:


 


USD
250,000                                          per physician
per “Occurrence” or “Medical Incident” exclusive of Defense costs


USD
750,000                                          per physician
in the annual aggregate exclusive of defense costs


 


Professional Organization
Limits of Insurance - N/A


 


3.                         Deposit Premium:


 


Fifty percent (50%) down
payment due within 30 days of policy inception and remaining to be paid in nine
(9) equal installments.


 


Premiums
listed are net of any and all taxes, fees and surcharges of any kind. Premiums
paid to Cayman based insurance markets by U.S. insureds may be subject to
Federal Excise Tax as well as other state and/or federal taxes. The Insured is
responsible for reporting and remitting this tax to the appropriate
authorities. We suggest Insureds check with their tax advisors for further
information.


 


4.                         Basis of
Premium:                     Adjustable -
Subject to Final Audit of Exposures


 


5.                         Endorsement Attached to this
Policy: Endorsement #1 Insured Physician Schedule


 


	
   

  	
  /s/ Authorized Signatory 28.01.10

  



 


1

















 


6.                         Controlling Underlying Insurance Policy


 


	
  Type:

  	
   

  	
  Physician Professional
  Liability Insurance Policy

  
	
  Company:

  	
   

  	
  National Medical
  Professional Risk Retention Group

  
	
  Policy
  Number:

  	
   

  	
  NMPFL860013

  
	
  Policy
  Period:

  	
   

  	
  October 14, 2009 to
  October 14, 2010

  
	
  Physician
  Limits of Insurance:

  	
   

  	
  $250,000 Per Claim Per
  Physician

  
	
   

  	
   

  	
  $750,000 Annual Aggregate
  Per Physician

  
	
  Claims-Made
  Retroactive Date Applicable to Underlying Policy:

  	
   

  	
  July 6, 1981 and
  various other dates as listed on the underlying policy.

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Date
  Signed:  

  	
  28.01.2010

  	
   

  	
  By:

  	
  /s/ Authorized Signatory

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  For & on behalf
  of Aon Insurance Managers (Cayman) Ltd. As Managers of Batan Insurance
  Company SPC, Ltd. On behalf of RTSI Segregated Protfoilio

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  [GRAPHIC]

  



 


2

















 


Excess Physician Professional Liability Policy


 


READ THE ENTIRE POLICY
CAREFULLY TO DETERMINE RIGHTS, DUTIES AND WHAT IS AND WHAT IS NOT COVERED.


 


NOTICE: THIS POLICY IS
INCOMPLETE UNLESS SECTION 1, DECLARATIONS, IS ATTACHED.


 


This policy has been issued
in reliance upon the statements in the Declarations and in the application
submitted for this insurance. Various provisions in this policy restrict
coverage.


 


Wherever used in this
policy, the words “you” and “your” refer to the “Named Insured” shown in the
Declarations and the words “We”, “Us”, and “Our” refer to the Company providing
this insurance. Other words and phrases in this policy that appear in quotation
marks have special meanings. Refer to the Definitions provision in this Section when
the meanings are not defined where used.


 


All coverages of this policy
are subject to the following General Provisions:


 


1)                        Insuring
Agreement


 


In consideration of the
payment of the premium, and in reliance upon the statements in the Declarations
and in the application made a part of this policy, subject to all of the terms
of this policy, we agree to indemnify any “insured” that portion of “ultimate
net loss” in excess of “controlling underlying insurance policy” stated in Item
6 of the Declarations.


 


Except as otherwise provided
by the specific terms contained in this policy, the insurance afforded by this
policy shall follow all the terms, conditions, definitions and exclusions of
the “controlling underlying insurance policy” designated in Item 6 of the
Declarations. Should any of the provisions of the “controlling underlying
insurance policy” conflict with our policy, the provisions of our policy will
apply.


 


2)                        Limits of
Liability


 


The insurance afforded by
this policy applies separately to each “insured” against whom claim is made or
suit is brought, except with respect to our limits of liability.


 


Regardless of the number of “insureds”
under this policy, persons or organizations who sustain injury or damage, or
claims made or suits brought, our liability is limited as follows:


 


(i)                       Our limits of
liability under this policy apply only after the “underlying insurer” has paid
or are liable to pay the full amount of its per occurrence limit of liability
stated in Item 2 of the Declarations.


 


(ii)                    Our total limit of liability
for all “ultimate net loss” as the result of any one “occurrence” or “medical
incident” shall not exceed the limit of liability stated in Item 2 of the
Declarations as applicable to each “occurrence” or “medical incident”. Should
any single event result in an “occurrence” and a “medical incident” for which
coverage is provided by the provisions of this policy, nonetheless, our total
liability for such single event shall not exceed the amount stated in Item 2 of
the Declarations as the “Each Occurrence or Medical Incident” limit.


 


(iii)                 Our total limit of liability
for all “ultimate net loss” because of all “occurrences” or “medical incidents”,
to which this policy applies, shall not exceed the limit of liability stated in
Item 2 of the Declarations as the Policy Aggregate.


 


3.                         Persons or
Entities Insured


 


Any person or organization
which is an insured under the terms of the “controlling underlying insurance
policy”, unless specifically excluded by this policy.


 


	
   

  	
  /s/ Authorized Signatory 28.01.10

  



 


3

















 


4.                         Defense and
Expenses for Claims and Suits


 


We shall not be obligated to
investigate, defend or settle any loss, claim or suit against any “insured”,
but we shall have the right and shall be given the opportunity to associate
with any “insured” or its “underlying insurers”, or both, in the investigation,
defense or settlement of any loss, claim or suit which, in our opinion,
involves or appears reasonably likely to involve us. If we avail ourselves of
such right and opportunity, any “insured”, its insurers and we shall cooperate
in such matters so as to effect a final determination thereof. Any “insured”
shall not make or agree to any settlement for an amount in excess of “underlying
insurance” limits of liability without the approval of the Named Insured.


 


Defense Costs shall be paid
in addition to the Limits of Liability and shall be paid based on the ratio
that this policy’s portion of the Loss (indemnity only) bears to the total
amount of Loss (indemnity only).


 


5.                         Definitions


 


“Controlling
underlying insurance policy” means the insurance policy
designated as such in Item 6 of the Declarations.


 


“Insured” means any
person or organization described as such in the “Persons or Entities Insured”
section of this policy.


 


“Medical
Incident” - means an actual or alleged act, error or omission
in furnishing or failing to furnish professional medical services, or a series
of related actual or alleged acts, errors or omissions in furnishing or failing
to furnish professional medical services.


 


“Occurrence”
means an accident or occurrence or happening or event or an act or a
series of acts or offense or injury or damage covered by the “controlling underlying insurance policy” designated
in Item 6 of the Declarations.


 


“Ultimate
Net Loss” means the sum actually paid or payable, after
deduction of all recoveries and salvage, in the settlement or satisfaction of losses,
claims or suits for which any “insured” is liable either by adjudication or
settlement. Ultimate net loss includes all “defense expenses” incurred in the
investigation and defense of a loss, claim or suit.


 


“Underlying
insurance” means the primary or excess insurance policies
contributing to the total limit (including any deductible amount, insured’s
participation or renewals or replacements thereof).


 


For purposes hereunder the
definition of “Medical Incident” in
the underlying insurance will be limited to all claims based on, arising out
of, directly or indirectly resulting from, in consequence of, or in any way
involving the same related facts, circumstances, situations, transactions or
events whether related logically, casually or in any other way.


 


“Underlying
insurer” means any person or organization (including any “insured”)
that provides underlying insurance.


 


6.                         Conditions


 


A.                      Action
Against Us


 


No person or organization
has a right under this policy:


 


(a)                     to join us as a party or
otherwise bring us into a suit asking for damages from “insured”; or


 


(b)                    to bring suit under our
policy, unless all of our policy terms and the terms of our policy and the “controlling
underlying insurance policy” have been fully complied with.


 


4

















 


B.                      Audits of
Books and Records


 


We may examine and audit any
“insured’s” books and records anytime during our policy period or within 3
years thereafter.


 


C.
Bankruptcy


 


Bankruptcy or insolvency of
any “insured” or of any “insured’s” estate will not relieve us of our
obligations under this insurance.


 


D.                      Cancellation


 


(i)                       The first “Named
Insured” may cancel this insurance by mailing or delivering to us advance
notice of cancellation.


 


(ii)                    We may cancel this insurance
by mailing or delivering to the first “Named Insured” written notice of
cancellation at least:


 


(a)                     10 days before the effective
date of cancellation if we cancel for nonpayment of premium; or


 


(b)                    90 days before the effective
date of cancellation if we cancel for any other reason.


 


(iii)                 We will mail or deliver our
notice of cancellation to the first “Named Insured’s” last mailing address
known to us, and such mailing is deemed to be notice to all “insureds”.


 


(iv)                Notice of cancellation will
state the effective date of cancellation. The Policy Period will end on that
date.


 


(v)                   If this insurance is
canceled, we will send you any premium refund due. If we cancel the refund will
be pro rata. If you cancel, the refund will be pro rata less 10% of the prorata
unearned premium subject to our Minimum Earned Premium as specified in Item 3
of the Declarations. Return premium will be sent to the first “Named Insured”
for the account of all interests. Cancellation will be effective even if we
have not made or offered a refund.


 


(vi)                If notice of cancellation is
mailed, proof of mailing will be sufficient proof of notice.


 


E.                        Changes


 


This policy contains all the
agreements between any and all “insureds” and us concerning this insurance. The
first “Named Insured” is authorized to make changes in the terms of this policy
with our consent. This policy’s term can be amended or waived only by
endorsement issued by us and made part of this policy.


 


F.                        Inspections
and Surveys


 


We have the right, but are
not obligated, to inspect any “insured’s” premises and operations at any time.


 


Our inspections:


 


(i)                       do not warrant
that the premises are safe or healthful, or that they comply with taw
regulations, codes or standards;


 


(ii)                    relate only to the
insurability of the premises and operations and the premium to be charged, we
may give any “insured” reports and recommend changes based on the conditions we
find; and


 


5

















 


(iii)                 may help reduce losses, but
we do not undertake to perform the duty of any person organization to provide
for the health or safety of workers or the public.


 


G.                      “Insured’s”
Duties in the Event of Loss, Claim or Suit


 


You must notify us as soon
as practicable of an “occurrence” or “medical incident” which any “insured” or
any representative of any “insured” evaluates as having a settlement or
judgment value equal to or exceeding 25 percent of the limits of liability for
the “underlying insurance”. Notice should include,


 


(i)                       how, when and
where the “occurrence” or “medical incident” took place,


 


(i)                       names and
addresses of injured persons and witnesses; and,


 


(ii)                    the nature and locations of
any injury or damage arising out of the “occurrence” or “medical incident”.


 


(a)                     Give us written notice, as
soon as practicable, of all suits or demands for arbitration served on any “insured”.
You shall send us copies of demands notices, summonses, or any other legal
papers received by any “insured” in connection with the claim or suit.


 


(b)                    Provide us with quarterly
loss reports listing all closed and outstanding claims. Such report will
identify the claimant’s name, date of loss, date of first notice of claim to
any “insured description of loss and incurred amounts.


 


(c)                     As a condition precedent to
coverage under this policy, we have the right to cooperate with the Named
Insured in the investigation, settlement or defense of any loss, claim or suit,


 


(d)                    Furthermore, we require that
any and all “insureds”


(1)                    cooperate with the “underlying
insurers”


(2)                    comply with the terms of the
“underlying insurance”


(3)                    pursue all rights of
contribution or indemnification against any person or organization who may be
liable to any “insured” because of injury or damage with respect to which the
insurance is provided under the policy or any policy of “underlying insurance.”


(4)                    not make any admission of
liability, and


(5)                    allow us to conduct claim
audits of any “insured’s” files at reasonable intervals, at their discretion.


 


H.                      Maintenance
of “Underlying Insurance”


 


(i)                       For as long as
our policy is in effect, the “underlying insurance” must continuously:


 


(a)                     provide no less coverage
than indicated in Item 2 of the Declarations at inception of our policy;


 


(b)                    afford no lower limit of
liability than those originally indicated in Item 2 of the Declarations, except
for reduction or exhaustion of “underlying insurance” limits solely due to
payment of covered losses, claims or suits but only if aggregate limits are
indicated in Item 2 of the Declarations; and


 


(c)                     not contain any exclusion
not found in or that are more restrictive, from the viewpoint of any “insured”,
than in the “controlling underlying insurance policy”.


 


(ii)                    You must notify us within 30
days if:


 


(a)                     there are any changes in the
“underlying insurance”;


 


6

















 


(b)                    there are any changes in the
“underlying insurance” limits of liability which decrease them from that
indicated in Item 2 of the Declarations.


 


(iii)                 If the “underlying insurance”
or limits listed in Item 2 of the Declarations are:


 


(a)                     not maintained,


 


(b)                    limits are less than those
indicated in Item 2 of the Declarations; or


 


(c)                     “underlying insurance” is
unavailable or uncollectible due to bankruptcy, insolvency, liquidation of an “underlying
insurer”, or your failure to comply with the terms and conditions of the “underlying
insurance”; our coverage will apply in the same manner as if the underlying
insurance” were still in effect, maintained and collectible.


 


I.                           Our Right
to Recover Payment


 


If we make a payment under
this insurance, any and all “insureds” will assist us and the “underlying
insurer” in recovering what we paid by using any and all “insured’s” rights of
recovery. Reimbursement will be made in the following order:


 


(i)                       First, to any
interest (including any “insured”) who has paid any amount in excess of the
limits of this insurance;


 


(ii)                    Next, to us; and


 


(iii)                 Then to any interest
(including any “insured” and the “underlying insurer”) as are entitled to claim
the remainder, if any.


 


A different order may apply
if agreed upon by all interests. Expenses incurred in the process of recovery
will be divided among all interests according to the ratio of their respective
recoveries.


 


J.                        Premium


 


(i)                       You are
responsible for payment of all premiums and will be the payee of any return premium.


 


(ii)                    The premium designated in
Item 3 of the Declarations is a deposit premium, subject thereafter to
adjustment in accordance with the final audit of exposures.


 


K.                      Representations


 


By accepting this policy,
you agree that:


 


(i)                       the information
shown in the Declarations of our policy is accurate and complete;


 


(ii)                    the information is based on
representations and statements made by you in your application to us for this
coverage; and


 


(iii)                 we have issued  and continue our policy in  reliance upon those  representations and statements.


 


L.                       Transfer of
Any “Insured’s” Rights and Duties


 


Any “insured’s” rights and
duties under this insurance may not be transferred without our written consent


 


7

















 


M.       No Duty to
Defend


 


It
shall be the duty of the Named Insured to defend claims.


 


IN WITNESS
WHEREOF, the Company has caused this policy to be signed by a duly authorized
representative.


 


 


	
  /s/ Authorized Signatory
  28.01.2010

  	
   

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

  As Managers of Batan Insurance Company SPC, Ltd. 

  on behalf of RTSI Segregated Portfolio

  	
   

  



 


8

















 


ENDORSEMENT
#1 - INSURED PHYSICIAN SCHEDULE (PERSONS INSURED)


 


	
  NAMED
  INSURED:

  	
  RADIATION
  THERAPY SERVICES, INC.

  
	
  POLICY
  NUMBER:

  	
  BAT-0001
  - 2009

  
	
  EFFECTIVE
  DATE:

  	
  OCTOBER
  14, 2009

  
	
  ISSUE
  DATE:

  	
  JANUARY
  11, 2010

  



 


It is understood and agreed
that the schedule of physicians included as “Persons Insured” and their
retroactive dates, as amended from time to time, is on file with the Risk
Management Department of the “Named Insured”.


 


This policy only applies to
those physicians to whom the “Named Insured” is obligated to provide limits of
$1,000,000 per “Occurrence” or “Medical lncident” /$3,000,000 in the annual
aggregate and who are provided limits of $250,000 per claim /$750,000 annual
aggregate on the “Controlling Underlying Insurance Policy” referenced on the
Declarations page.


 


This policy does not apply
to any individual physician covered on the “Controlling Underlying Insurance
Policy” referenced on the Declarations page whose limits of liability are
greater than $250,000 per claim per physician / $750,000 annual aggregate per
physician.


 


It is understood and agreed
that there is no coverage for the “Named Insured” corporate entities as this
coverage is provided on a separate insurance policy.


 


9