Xx. 0000-0000-X000
XXXXXXXXXXX
Xxxxxxxx to and forming part of PROPERTY AND CASUALTY EXCESS OF LOSS
REINSURANCE AGREEMENT NO. 3154-0026 between PENN-AMERICA INSURANCE COMPANY,
PENN-STAR INSURANCE COMPANY, both of Hatboro, Pennsylvania and PENN-PATRIOT
INSURANCE COMPANY of Richmond, Virginia (hereinafter referred to as the
`Company"), and AMERICAN RE-INSURANCE COMPANY, a Delaware Corporation with
administrative offices in Princeton, New Jersey (hereinafter referred to as
the "Reinsurer").
It is understood and agreed by the parties hereto, that effective 12:01
a.m., Eastern Standard Time, July 22, 2004, this Agreement is amended to
read as follows:
I. The "Artificial Prosthetic Device Fitters Program" is added as an
exception to Exclusion C.1 of the EXCLUSIONS Article and the exclusion
reads as follows:
I. Professional Liability or Errors and Omissions Coverage other
than for the following:
a. "Beau-T-Pak";
b. Barbers;
c. Opticians;
d. Veterinarians that treat household pets;
e. Morticians;
f. Clergy;
g. Employee Benefits Liability (E&O Coverage);
h. Druggists;
i. "Day Care Pak";
j. "Adult Day Care";
k. "Health Club Pak";
l. "Instructor Pak";
m. In-Home Day Care;
n. "Pet Pak";
o. "Wellness Pak";
p. Massage Program;
q. "Slender Lady Program"; or
r. "Artificial Prosthetic Device Fitters Program".
11. The "Artificial Prosthetic Device Fitters Program" is added as an
exception to Exclusion C.22 of the EXCLUSIONS Article and the
exclusion reads as follows:
22. Products Liability or Completed Operations Liability related to:
a. Drugs, except for liability arising from the retail sale or
wholesale distribution of drugs by insureds not engaged in
their manufacture;
b. Chemicals, except for liability arising from the retail sale
or wholesale distribution of household chemicals by insureds
not engaged in their manufacture;
No. 3154-0026-E002
c. Insecticides and pesticides, except sales that are 20% or
less of insured's total sales;
d. Aircraft or aircraft parts;
e. Animal feed, other than custom-blended grains without
chemical or pharmacological additives, except sales that are
20% or less of insured's total sales;
f. Cosmetics manufacturing, except for the manufacture of soaps
or shampoos where the insured's receipts are less than 10%
of total sales or skin and hair care products prepared at
beauty salons or similar establishments,
g. Tobacco and tobacco products, but this exclusion shall not
apply to liability arising from the retail sale or wholesale
distribution of tobacco products by insureds not engaged in
their manufacture;
h. Automobiles, trucks, motorcycles and all-terrain vehicles or
component parts critical to the operation of the foregoing,
but this exclusion shall not apply to the liability arising
from the retail sale or wholesale distribution of component
parts critical or non-critical to the operation of the
foregoing not engaged in their manufacture;
i. Fiberglass, but this exclusion shall not apply to liability
arising from the retail sale or wholesale distribution of
fiberglass products by insureds not engaged in their
manufacture;
j. Firearms, except sales that are 20% or less of insured's
total sales;
k. Medical equipment; except for the "Artificial Prosthetic
Device Fitters Program";
I. Elevator or hoist manufacturing, installation, inspection,
service or repair;
m. Security and alarm system manufacturing, installation,
inspection, service or repair, except for coverage as
provided for in the Company's guidelines as of 9/01/01; or
n. Fire suppression system manufacturing, installation,
inspection, service or repair, except for coverage as
provided for in the Company's guidelines as of 9/01/01.
II. "Artificial Prosthetic Device Fitters Program" maximum policy limits
are added to Xxxxxxx 0, XXXXXXXX of EXHIBIT B, CASUALTY EXCESS OF
LOSS, and Section 6 reads as follows:
Section 6
---------
WARRANTY
--------
The maximum limits of liability for any one policy of the Company shall be
deemed not to exceed the following:
1. General Liability - $1,000,000 each occurrence and $2,000,000 general
aggregate.
No. 3154-0026-E002
a) As respects Products and Completed Operations - $1,000,000 in the
aggregate.
2. Massage Program - $2,000,000 each occurrence and $3,000,000 general
aggregate.
3. Professional liability - $1,000,000 each occurrence and $2,000,000
general aggregate.
4. Professional Liability "Slender Lady Program" - $1,000,000 each
occurrence and $3,000,000 general aggregate.
5. Professional and General Liability - "Artificial Prosthetic Device
Fitters Program" - $1,000,000 each occurrence and $3,000,000 general
aggregate.
IN WITNESS WHEREOF the parties hereto have caused this Endorsement to be
executed in duplicate in Hatboro, Pennsylvania, this 10th day of September,
2004;
ACCEPTED:
PENN-AMERICA INSURANCE COMPANY
PENN-STAR INSURANCE COMPANY
PENN-PATRIOT INSURANCE COMPANY
------------------------------
and in Princeton, New Jersey, this 9th day of September, 2004
AMERICAN RE-INSURANCE COMPANY
------------------------------
Vice President
DATED: August 9, 2004
RG/rg
