South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-415.4 - Medical Employee Professional Liability Insurance

Current through Register Vol. 48, No. 6, June 28, 2024
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Definitions
When used in reference to this insurance "damages" means all
				damages, including damages for death, which are payable because of injury to
				which this insurance applies. "Insured" means any person qualifying as an
				insured in the "Persons Insured" provision of the applicable insurance
				coverage. The insurance afforded applies separately to each insured against
				whom claims are made or suit is brought, except with respect to the limits of
				the Fund's Liability;
"Named Insured" means the persons named on the face of this
				policy.
Conditions
A. Premium.
			 All premiums for this policy shall be computed in accordance with the Fund's
			 rules, rates, rating plans, premiums and minimum premiums applicable to the
			 insurance afforded herein.
B.
			 Inspection and Audit. The Fund shall be permitted but not obligated to inspect
			 the named insured's operations at any time. Neither the Fund's right to make
			 inspections nor the making thereof nor any report thereon shall constitute an
			 undertaking on behalf of or for the benefit of the named insured or others, to
			 determine or warrant that such operations are safe. The Fund may examine and
			 audit the named institution's books and records at any time during the policy
			 period and extensions thereof and within three (3) years after the final
			 termination of this policy, as far as they relate to the subject matter of this
			 insurance.
C. Insured's Duties in
			 the Event of Occurrence, Claim or Suit.
(1) In
			 the event of an occurrence, written notice containing particulars sufficient to
			 identify the insured and also reasonably obtainable information with respect to
			 the time, place and circumstances thereof, and the names and addresses of the
			 injured and of available witnesses, shall be given by or for the insured to the
			 Fund or any of its authorized agents as soon as practicable. The named insured
			 shall promptly take at his expense all reasonable steps to prevent other bodily
			 injury or damage from arising out of the same or similar conditions, but such
			 expense shall not be recoverable under this policy.
(2) If claim is made or suit is brought
			 against the insured, the insured shall immediately forward to the Fund every
			 demand, notice, summons or other process received by him or his representative.
			 (3) The insured shall cooperate with the Fund and upon the Fund's request,
			 assist in making settlements, in the conduct of suits and in enforcing any
			 right on contribution or indemnity against any person or organization who may
			 be liable to the insured because of bodily injury with respect to which
			 insurance is afforded under this policy; and the insured shall attend hearings
			 and trials and assist in securing and giving evidence and obtaining the
			 attendance of witnesses. The insured shall not, except at his own cost,
			 voluntarily make any payment, assume any obligation or incur any expense other
			 than for first aid to others at the time of accident.