Common use of Insurance; Malpractice Clause in Contracts

Insurance; Malpractice. Section 3(j) of the Disclosure Schedule contains a list and brief description of all policies or binders of fire, liability, product liability, workers compensation, health and other forms of insurance policies or binders currently in force insuring against risks which will remain in full force and effect at least through the Closing Date. Section 3(j) of the Disclosure Schedule contains a description of all current malpractice liability insurance policies of NCS Stockholder, NCS and NCS's professional employees and all predecessor policies in effect since February 1, 1990. Neither NCS, the NCS Stockholder, nor NCS's professional employees have, in the last seven (7) years, filed a written application for any insurance coverage relating to NCS's business or property which has been denied by an insurance agency or carrier. NCS, NCS's professional employees and the NCS Stockholder have been continuously insured for professional malpractice claims during the same period. Section 3(j) of the Disclosure Schedule also sets forth a list of all claims for any insured loss in excess of Five Thousand Dollars ($5,000.00) per occurrence filed by or against NCS, NCS's professional employees or the NCS Stockholder during the three (3) year period immediately preceding the date hereof, including workers compensation, general liability, environmental liability and professional malpractice liability claims. None of NCS, NCS's professional employees or the NCS Stockholder is in material default with respect to any provision contained in any such policy and none of them has failed to give any notice or present any claim under any such policy in due and timely fashion.

Insurance; Malpractice. Section 3(j) of the Disclosure Schedule contains a list and brief description of all policies or binders of fire, liability, product liability, workers compensation, health and other forms of insurance policies or binders currently in force insuring against risks which will remain in full force and effect at least through the Closing Date. Section 3(j) of the Disclosure Schedule contains a description of all current malpractice liability insurance policies of NCS Stockholderthe Shareholders, NCS AAII and NCSAAII's professional employees and all predecessor policies in effect since February 1, 1990. Neither NCSAAII, the NCS StockholderShareholders, nor NCSAAII's professional employees have, in the last seven (7) years, filed a written application for any insurance coverage relating to NCSAAII's business or property which has been denied by an insurance agency or carrier. NCSAAII, NCSAAII's professional employees and the NCS Stockholder Shareholders have been continuously insured for professional malpractice claims during the same period. Section 3(j) of the Disclosure Schedule also sets forth a list of all claims for any insured loss in excess of Five Thousand Dollars ($5,000.00) per occurrence filed by or against NCSAAII, NCSAAII's professional employees or the NCS Stockholder Shareholders during the three (3) year period immediately preceding the date hereof, including workers compensation, general liability, environmental liability and professional malpractice liability claims. None of NCSAAII, NCSAAII's professional employees or the NCS Stockholder Shareholders is in material default with respect to any provision contained in any such policy and none of them has failed to give any notice or present any claim under any such policy in due and timely fashion.

Insurance; Malpractice. Section 3(j) of the Disclosure Schedule contains a list and brief description of all policies or binders of fire, liability, product liability, workers compensation, health and other forms of insurance policies or binders currently in force insuring against risks which will remain in full force and effect at least through the Closing Date. Section 3(j) of the Disclosure Schedule contains a description of all current malpractice liability insurance policies of NCS AIG Stockholder, NCS AIG and NCSAIG's professional employees and all predecessor policies in effect since February 1, 1990. Neither NCSAIG, the NCS AIG Stockholder, nor NCSAIG's professional employees have, in the last seven (7) years, filed a written application for any insurance coverage relating to NCSAIG's business or property which has been denied by an insurance agency or carrier. NCSAIG, NCSAIG's professional employees and the NCS AIG Stockholder have been continuously insured for professional malpractice claims during the same period. Section 3(j) of the Disclosure Schedule also sets forth a list of all claims for any insured loss in excess of Five Thousand Dollars ($5,000.00) per occurrence filed by or against NCSAIG, NCSAIG's professional employees or the NCS AIG Stockholder during the three (3) year period immediately preceding the date hereof, including workers compensation, general liability, environmental liability and professional malpractice liability claims. None of NCSAIG, NCSAIG's professional employees or the NCS AIG Stockholder is in material default with respect to any provision contained in any such policy and none of them has failed to give any notice or present any claim under any such policy in due and timely fashion.

Insurance; Malpractice. Section 3(j) of the Disclosure Schedule contains a list and brief description of all policies or binders of fire, liability, product liability, workers compensation, health and other forms of insurance policies or binders currently in force insuring against risks which will remain in full force and effect at least through the Closing Date. Section 3(j) of the Disclosure Schedule contains a description of all current malpractice liability insurance policies of NCS Stockholderthe Physician Owner, NCS AOR and NCSAOR's professional employees and all predecessor policies in effect since February 1, 1990. Neither NCSAOR, the NCS StockholderPhysician Owner, nor NCSAOR's professional employees have, in the last seven (7) years, filed a written application for any insurance coverage relating to NCSAOR's business or property which has been denied by an insurance agency or carrier. NCSAOR, NCSAOR's professional employees and the NCS Stockholder Physician Owner have been continuously insured for professional malpractice claims during the same period. Section 3(j) of the Disclosure Schedule also sets forth a list of all claims for any insured loss in excess of Five Thousand Dollars ($5,000.00) per occurrence filed by or against NCSAOR, NCSAOR's professional employees or the NCS Stockholder Physician Owner during the three (3) year period immediately preceding the date hereof, including workers compensation, general liability, environmental liability and professional malpractice liability claims. None of NCSAOR, NCSAOR's professional employees or the NCS Stockholder Physician Owner is in material default with respect to any provision contained in any such policy and none of them has failed to give any notice or present any claim under any such policy in due and timely fashion.