HomeMy WebLinkAboutCAG2021-429 - Original - Ross Law, PLLC - Conflict Indigent Counsel - 09/29/20219/23/21
OK to sign 9/23/2021, TW.
CAG2021-429
09/29/2021
9/29/21--------
Agreement for Indigent Defense Services Page 1 of 13
AGREEMENT FOR CONFLICT INDIGENT DEFENSE SERVICES
This Agreement is entered into between the City of Kent, a Washington municipal
Corporation (“City”) and ______________________ (“Contractor”).
I. DEFINITIONS
A. Contractor. Contractor shall mean the law firm of _____________________,
and shall mean each attorney and Rule 9 Intern working for the Contractor.
B. Defendant. Defendant shall mean a person charged with a misdemeanor or
gross misdemeanor offense that is filed into the Kent Municipal Court for whom the
Contractor must provide services pursuant to Section II of this Agreement.
II. SCOPE OF WORK AND DUTIES OF CONTRACTOR
A. Criminal Defense Representation – To Whom Provided. Except in cases in
which a conflict of interest exists, Contractor shall provide criminal defense
representation to all defendants who are charged with a criminal offense which falls
within the jurisdiction of the Kent Municipal Court, and for which the Contractor has
been appointed by the Kent Municipal Court as attorney of record pursuant to the
Court’s determination of indigence of the defendant and a determination that a
conflict of interest exists with the law firm of Stewart MacNichols Harmell, Inc. P.S.
B. Duration of Representation of Defendant. In cases in which the Contractor is
appointed as attorney of record, Contractor shall represent the defendant at all
stages of the criminal process, from the time of appointment by the court as
attorney of record through the appeals process, as well as during any period in
which the court retains jurisdiction over the terms and conditions of any sentence
or deferral.
III. ATTORNEY DEFENDANT INTERACTIONS
A. Contact Prior to Court Hearings. Contractor shall be available to defendants
to ensure that defendants are provided with effective assistance of counsel.
Defendant access to the Contractor prior to court hearings is paramount. Contractor
will seek timely and confidential information from each defendant regarding
possible defenses, the need for investigation, mental and physical health issues,
immigration status, client goals, and the advisability of additional discovery.
Defendants shall be provided access to the Contractor by means of a toll-free call.
B. Interactions on the Record. Contractor shall appear at all hearings, shall
actively represent each defendant while the defendant’s case is considered on the
court record, and shall keep the defendant adequately informed such that the
defendant proceeds in a knowing, intelligent, and voluntary manner.
Agreement for Indigent Defense Services Page 2 of 13
C. Office or Meeting Space and Equipment Required. At all times during the
term of this Agreement, Contractor shall maintain an office or meeting space to
accommodate confidential meetings. Contractor shall also maintain telephone,
facsimile, and internet services, cellular telephone service, and a location at which
mail and service of process is received.
D. Case Management System. The Contractor shall maintain a process for
recording defendant interactions and work performed on behalf of defendants.
IV. QUALITY OF REPRESENTATION – QUALIFICATIONS - TRAINING
A. Qualifications: Contractor shall, at a minimum, satisfy the minimum
qualifications to practice law as established by the Washington Supreme Court, and
shall provide services in a professional and skilled manner consistent with
Washington’s Rules of Professional Conduct, applicable case law, including but not
limited to Wilbur v. Mt. Vernon 989 F.Supp. 2d 1122 (2013) (hereinafter the
“Decision”), Washington State Supreme Court Standards for Indigent Defense, the
Constitutions of the United States and Washington, the court rules that define the
duties of counsel and the rights of defendants, and the City Resolution regarding
indigent defense services. (Resolution No. 1903 attached and incorporated as
Exhibit B). The Contractor’s primary and fundamental responsibility shall be to
promote and protect the interests of the defendant.
B. Training. Each attorney of the Contractor shall complete a minimum of 21 of
the reportable continuing legal education credits per reporting period in the areas of
criminal defense law or any other subject that, in the opinion of the Contractor, is
applicable to providing criminal defense services.
V. CASELOAD LIMITS
A. Caseload Limits in General. Contractor shall maintain a caseload of no more
than 400 cases per year as provided in Standard 3 of the Standards for Indigent
Defense established by the Washington Supreme Court. In the event Contractor is
handling an excessive number of cases, Contractor shall refuse further appointment
of cases until such time as Contractor’s caseload is appropriately reduced.
B. Court Certification. The Contractor shall certify compliance with the caseload
limits with the Kent Municipal Court as required by court rule and shall provide a
copy of the certification to the Human Services Department.
VI. CONFLICTS OF INTEREST
In the event the Contractor is disqualified or excused as counsel of record due to a
conflict of interest, Contractor shall not be required to pay any compensation to
another attorney assigned to represent the defendant.
Agreement for Indigent Defense Services Page 3 of 13
VII. INTERNAL PERFORMANCE MONITORING AND ATTORNEY
SUPERVISION
Performance Monitoring. Contractor shall establish a program for managing and
monitoring the performance of attorneys who provide services called for in this
Agreement. The performance monitoring program shall have the purpose of
ensuring that each defendant receives effective assistance of counsel, and the
terms and conditions of this Agreement are met.
VIII. CITY CONTRACT ADMINISTRATOR – CONTRACT OVERSIGHT
A. Housing and Human Services. This Agreement shall be managed and
monitored by the Housing and Human Services Division of the City’s Parks
Department or by such other division of the City as determined by the City’s Chief
Administrative Officer. All reports or certifications required by this Agreement shall
be delivered to the Human Services Department.
B. City Consultant. The City may retain a consultant to monitor Contractor’s
compliance with this Agreement. Contractor agrees to participate and comply in
good faith with the City’s monitoring efforts. Contractor shall not be required to
compromise any attorney-client privilege during monitoring.
IX. COMPLAINTS AND CORRECTIVE ACTION
A. Complaints Directed to Housing and Human Services Division. Any
complaints regarding Contractor or an attorney or Rule 9 providing services
pursuant to this Agreement, whether received by the City, the Contractor, or the
Court, shall be directed to the Housing and Human Services Division.
B. Investigation by the Contractor. In the event a complaint is received by the
contractor or by the Housing and Human Services Division, Contractor shall
investigate the complaint. The Contractor shall inform the complainant and the
Human Services Department of the results of the investigation.
C. Investigation by the City. In the event a complaint is received by or directed
to the Housing and Human Services Division and is not timely resolved by the
Contractor, the Housing and Human Services Division may investigate the
complaint. The Housing and Human Services Division may consult with legal
counsel other than the City Attorney’s Office, or another expert, in order to resolve
the complaint. In addition, the Housing and Human Services Division may consult
with the Washington State Bar Association when appropriate.
X. DURATION AND TERMINATION
A. Case-By-Case Duration. This Agreement shall be effective upon signature of
the Contractor and acceptance by the City. This Agreement shall govern each case
in which a Contractor is assigned to represent a Defendant and shall govern for the
duration of representation as set forth in Section II.B. This Agreement shall be
Agreement for Indigent Defense Services Page 4 of 13
deemed terminated as to a single case when the duration of representation as set
forth in Section II.B has expired.
B. Termination. This Agreement may be terminated such that the Contractor
shall not accept appointment to additional cases from the Court upon written notice
of breach of this Agreement, or absent breach, upon 14 days written notice by
either party. Each and every term of this Agreement is material, and the failure of
any party to comply with any term of this Agreement shall constitute a breach of
this Agreement.
C. Continuation of Representation. The continued representation of defendants
by Contractor after termination shall be governed by the interests of the
defendants, the Rules of Professional Conduct, the Supreme Court’s Standards for
Indigent Defense, and the issues addressed in the Decision.
XI. COMPENSATION AND EXPENSES
A. Case Fees. The City shall provide to Contractor for services rendered under
this Agreement the sum of THREE HUNDRED FIFTY DOLLARS ($350.00) per case in
the Kent Municipal Court, SEVEN HUNDRED FIFTY DOLLARS ($750.00) per case
appealed to the Superior Court, and ONE THOUSAND DOLLARS ($1,000.00) per
case appealed to the Court of Appeals or Washington Supreme Court. Contractor
shall bill for and be paid the above fees one time per case. If Contractor withdraws
from a case and then is reassigned to the case, Contractor shall not bill for or be
paid for the case upon reassignment. The term “case” shall have the same meaning
as provided in Standard 3 of the Standards for Indigent Defense established by the
Supreme Court. The total fees and costs paid to Contractor under this Agreement
and throughout its term shall not exceed $100,000, unless any such additional fees
and costs are authorized through an amendment to this Agreement signed by both
the City and the Contractor.
B. Review Hearing Fees. After the Kent Municipal Court’s entry of a judgment
and sentence, a deferral of sentence, or entry of a deferred prosecution or
stipulated order of continuance, in the event Contractor is required to appear with
the Defendant at review hearings in the case, Contractor shall be paid FIFTY
DOLLARS ($50.00) per review hearing for up to five (5) review hearings.
Contractor shall appear at any review hearings beyond five (5) hearings for no
additional fee. The term “case” shall have the same meaning as provided in
Standard 3 of the Standards for Indigent Defense established by the Supreme
Court.
C. Billing. The Contractor shall bill the City, in care of the City’s Housing and
Human Services Division, by the 10th day of the month following an appointment.
Contractor shall also bill for any review hearing fees as well as expenses permitted
in Sections XI.F and G of this Agreement by the 10th day following the month of the
accrual of the allowable fees or expenses.
Agreement for Indigent Defense Services Page 5 of 13
D. Payment. The City shall make payments within 30 days of receipt of
Contractors bill.
E. Compensation Sufficient. Except as provided in Subsections XI.F and G,
Contractor warrants that the compensation provided under this Agreement includes
and is sufficient to provide for all costs related to travel, telephones, law library
including electronic research, financial accounting, case management systems,
computers and software, office space and supplies, administrative and staff
services, training, licensing, meeting the requirements imposed by the Washington
Supreme Court Standards for Indigent Defense, and other costs incurred in the
day-to-day conduct of legal services and the management of the services called for
by this Agreement.
F. Non-Routine Expenses. The City will pay for non-routine case expenses
when reasonably incurred and preauthorized by the Court or the City from funds
available for that purpose, unless the services are performed by Contractor’s staff
or subcontractors. Examples of potential non-routine, preauthorized expenses that
might be subject to additional reimbursement include, but are not limited to:
1. Investigation expenses
2. Medical and psychiatric evaluations
3. Expert witness fees and expenses
4. Interpreters
5. Polygraph, forensic and other scientific tests
6. Medical records
7. Any other non-routine expenses the Court finds necessary and proper
for the investigation preparation, and presentation of a case.
G. Transcription Expenses. The City agrees to reimburse the Contractor for all
reasonable costs associated with obtaining and transcribing trial court records for
appeal purposes if such costs have not been waived.
XII. NON-DISCRIMINATION
Contractor shall not discriminate in the hiring of employees or the provision of
services pursuant to a contract with the City, and shall execute the attached City of
Kent Equal Employment Opportunity Policy Declaration, Comply with City
Administrative Policy 1.2, and upon completion of the contract work, file the
attached Compliance Statement.
XIII. PROOF OF LIABILITY INSURANCE
Contractor shall procure and maintain for the duration of the Agreement, insurance
of the types and in the amounts described in Exhibit A attached and incorporated
by this reference.
Agreement for Indigent Defense Services Page 6 of 13
XIV. INDEMNIFICATION
Contractor shall indemnify, defend, and hold the City, its elected officials, officers,
and employees harmless from any and all claims whatsoever related to or arising
from the performance of the Contractor’s obligations pursuant to this Agreement,
including but not limited to claims arising out of the errors and omissions of the
Contractor relating to the representation or lack of representation of clients, and/or
by reason of accident, injury, or death caused to any persons or property of any
kind occurring during the performance or lack thereof of the work required by this
Agreement, or traveling to or from any place to perform the work required by this
Agreement, except to the extent they are caused by the sole negligence of the City.
The failure of the Contractor to carry insurance in a quantity sufficient to defend a
claim or lawsuit or cover any judgment that results shall not operate to limit the
Contractor’s indemnification or defense of the City. This indemnification section
shall survive the expiration or termination of this Agreement.
XV. SUBCONTRACTING AND REASSIGNMENT PROHIBITED
Contractor shall not subcontract with another attorney or law firm to provide the
services required herein. Contractor shall remain directly involved in and
responsible for the representation of all assigned defendants. No assignment or
transfer of this Agreement or of any interest in this Agreement shall be made by
either of the parties without prior written consent of the non-assigning party.
XVI. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR AND
NOT EMPLOYEE
This Agreement calls for the performance of the services of the Contractor as an
independent contractor and Contractor will not be considered an employee of the
City for any purpose. Contractor shall secure at its own expense and be responsible
for any and all payment of income tax, social security, state disability insurance
compensation, unemployment compensation, worker’s compensation, and all other
payroll deductions for the Contractor and its officers, agents, and employees and
the costs of all professional or business licenses in connection with the services to
be performed hereunder. Contractor shall be solely responsible for any and all
claims or lawsuits filed against Contractor by personnel employed by the Attorney
related to the conditions or terms of employment by the Contractor, and the
Contractor shall defend, indemnify, and hold harmless the City and its employees
and officers from any such claims or lawsuits. Contractor further agrees that its
employees are not considered employees of the City for the purposes of
participating in any state or federal program, including but not limited to the
retirement program provided by the Washington Department of Retirement
Services, and in the event that a claim is made to the contrary by any employee or
volunteer of the Contractor, Contractor shall defend, indemnify, and hold harmless
the City and its employees and officers from any such claims or lawsuits and shall
pay all awards ordered against the City for such claims or lawsuits.
Agreement for Indigent Defense Services Page 7 of 13
XVII. NOTICES
All notices and other written documentation shall be sent to the parties at the
following addresses unless otherwise requested in writing:
City of Kent: Contractor:
Human Services ______________________
City of Kent ____________________
220 Fourth Ave. S. ____________________
Kent, WA 98032 ______________________
______________________
XVIII. SERVICES NOT EXCLUSIVE
Contractor agrees that the City may contract with other attorneys for the services
called for in this Agreement, and Contractor shall not be the exclusive contractor
utilized by the City for the services called for in this Agreement.
XIX. ENTIRE AGREEMENT – AMENDMENTS
This instrument contains the entire Agreement between the parties for the work
and services called for herein, and it may not be enlarged, modified, altered, or
amended except in writing signed by the parties.
XX. DUPLICATE ORIGINALS
This Agreement may be executed in duplicate originals.
XXI. EFFECTIVE DATE
The terms of this Agreement shall take effect on the last day signed below.
09/29/2021
EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this ___________ _________________________ day of
___________________ , 2021.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on the
(date) , between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 20___.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EXHIBIT A
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
2. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor’s
insurance and shall not contribute with it.
2. The Contractor’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the contractor and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Contractor’s
Commercial General Liability insurance shall also contain a clause stating that
coverage shall apply separately to each insured against whom claim is made
or suit is brought, except with respects to the limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
.ac"R0° CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
08/23/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer riahts to the certificate holder in lieu of such endorsemer 1.
PRODUCER '
NAME:
BIBERK PHONE 844-472-0967
P.O. Box 113247 (A/C. No. Ext:
Stamford, CT 06911 ADDARESS: customerservice@biBERK.com
INSURERA: Berkshire Hathaway Direct Insurance Company
INSURED
Ross Law, PLLC
9423 Rainier Ave
Seattle, WA 98178
INSURER B:
INSURER C
INSURERD:
INSURERE:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPEOF INSURANCE
ADDL
SUBR
POLICY NUMBER
DD YYY
MM/L
MM/DDfYYYY
LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$
OCCUR
DAMACLAIMS-MADEF71
PREMISES (E. c. "
PREMISES Ea occurrence)
$
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
_
GEN'L
GENERAL AGGREGATE
$
AGGREGATE LIMIT APPLIES PER:
POLICY PRO ❑ LOC
JECT
PRODUCTS - COMP/OP AGG
$
$
OTHER:
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
Ea accidentl
$
BODILY INJURY (Per person)
$
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
$
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
UMBRELLALIAB
OCCUR
EACH OCCURRENCE
$
FICLAIMS-MADE
AGGREGATE
$
EXCESS LIAB
DED RETENTION
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
PER STATUTE OERH
ANYPROPRIETOR/PARTNER/EXECUTIVE
E.L. EACH ACCIDENT
$
OFFICER/MEMBER EXCLUDED? ❑
NIA
(Mandatory in NH)
E.L. DISEASE - EA EMPLOYE
$
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$
Professional Liability (Errors &
A Omissions): Claims -Made
N9PL233839 13/27/202]1
3/27/2022
Per Occurrence/
Aggregate
$1,000,000/
$1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Ross Law, PLLC
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
9423 Rainier Ave
Seattle, WA 98178
AUTHORIZED REPRESENTATIVE
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Ross Law, PLLC
9423 Rainier Ave
Seattle, WA 98178
Issue Dated: 03/26/2021
MISCELLANEOUS PROFESSIONAL LIABILITY
Policy Number: N9PL233839 Renewal of: NEW
Carrier: Berkshire Hathaway Direct Insurance Company — A Stock Company
THIS IS A CLAIMS MADE POLICY. CLAIM EXPENSE IS INCLUDED IN THE LIMIT OF INSURANCE AND
RETENTION. THE LIMIT OF LIABILITY AVAILABLE TO PAY DAMAGES SHALL BE REDUCED AND MAY BE
TOTALLY EXHAUSTED BY AMOUNTS INCURRED AS CLAIM EXPENSE.
PLEASE READ THE ENTIRE POLICY CAREFULLY.
DECLARATIONS
[1]
Named Insured and Mailing Address
Ross Law, PLLC
9423 Rainier Ave
Seattle, WA 98178
Agency
BIBERK
P.O. Box 113247
Stamford, CT 06911
[2]
Policy Period
From 03/27/2021 to 03/27/2022 12:01 AM standard time at the Mailing Address of the Named Insured.
[3]
Retroactive Date
Mar 27 2021 12:01AM
[4]
Schedule of Insured Services
Legal Services
[5]
Limits of Insurance $ 1,000,000
$ 1,000,000
Each Wrongful Act
Total Limit of Insurance
[6]
Retention $ 1,000
Each Wrongful Act
[7]
Net Variable Premium $ 1,895.00
Expense Constant $200.00
$0.00
Net Premium $2,095.00
State Surcharge/Tax $ N/A
Minimum Expense Constant
[8] Forms Attached at Issuance
IL 99 00 08 13 — Authorization and Attestation
MPL DEC 04 20 Berkshire Hathaway Insurers of biBERK Page 1 of 2
PO Box 113247 • Stamford, CT 06911-3247 • www.biBERK.com
Telephone: 844-472-0967 • Customer Service Hotline: 844-472-0967
MPL 00 00 04 20 — Miscellaneous Professional Liability Coverage Form
MPL 00 120 11 15 — Anti -Stacking
MPL 00 57 11 15 — War and Terrorism Exclusion
MPL 00 58 03 18 — Extended Reporting Period Option
MPL 46 01 05 17 — WA Changes
MPL 99 27 08 20 — Lawyers Specific Areas of Practice Change
MPL LAW 08 20 — Attorney Schedule.
MPL DEC 04 20 — Miscellaneous Professional Liability Declarations
By acceptance of this policy, the Insured agrees that the statements in the Declarations and the Application and any
attachments hereto are the Insured's agreements and representations and that this policy embodies all the agree-
ments existina between the Insured and the Companv or anv of its representatives relatina to this insurance.
MPL DEC 04 20 Page 2 of 2
MISCELLANEOUS PROFESSIONAL LIABILITY
MPL LAW 08 20
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ATTORNEY SCHEDULE
This endorsement modifies insurance provided under the following:
Miscellaneous Professional Liability Insurance Policy
Attorney Name
Social Security Number
Status
Gyasi Ross
Partner, Member, Associate or Em-
ployee of Named Insured
If "Excluded" is marked in the Status column above then this policy does not provide coverage for Claims which
are the result of an act or omission committed or alleged to have been committed by that Attorney in the perfor-
mance of Insured Services.
SECTION V — DEFINITIONS, Section L. definition "Individual Insured" is deleted in its entirety and replaced
with the following:
L. "Individual Insured" means, individually and collectively:
1. Any Named Insured that is an individual person;
2. Any Named Insured's stockholders for their liability as stockholders;
3. Any Named Insured's and Subsidiary's former partners, officers, directors and employees, but only with
respect to their activities within the scope of their duties in the capacity of the Named Insured's partners,
officers, directors or employees in the performance of Insured Services by the Named Insured.
4. Any lawyer or professional corporation listed above that is not marked as "Excluded" until such time as
the lawyer or professional corporation ceases to be a member of the Named Insured unless it is for the
performance of or failure to perform Insured Services on behalf of the Named Insured or Predecessor
Firm;
5. Any person or entity who is designated by the Named Insured as of counsel/independent contractor
listed above that is not marked as "Excluded", but only in rendering or failing to render Insured Services
on behalf of the Named Insured;
6. Any Named Insured's and Subsidiary's partners, officers, directors and employees that are not attor-
neys or lawyers, but only with respect to their activities within the scope of their duties in such capacity in
the performance of Insured Services by the Named Insured or any Subsidiary;
In the event of death, incompetency, insolvency or bankruptcy of any Insured, the Insured's legal representative
shall be considered an "Individual Insured", but only with respect to its activities within the scope of its duties in
such capacity in the performance of Insured Services by a Named Insured.
MPL LAW 08 20 Page 1 of 1
AUTHORIZATION
AND ATTESTATION
IL 99 00 08 13
THIS ENDORSEMENT AUTHORIZES THE POLICY.
AUTHORIZATION AND ATTESTATION
This endorsement authorizes the insurance contract between you and the insurance company subsidiary listed on the
DECLARATIONS PAGE of your insurance policy.
In Witness Whereof, this page executes and fully attests to this policy. If required by state law, the policy shall not be
valid unless countersigned by our authorized representatives.
Authorizing signatures
Bruce J. Byrnes
Secretary
Peter Shelley
President
IL 99 00 08 13 Page 1 of 1
MISCELLANEOUS PROFESSIONAL LIABILITY
MPL 00 00 04 20
MISCELLANEOUS PROFESSIONAL LIABILITY
INSURANCE POLICY
CLAIM EXPENSE IS INCLUDED IN THE POLICY
LIMIT AND THE RETENTION.
ALL WORDS OR PHRASES, OTHER THAN
CAPTIONS, PRINTED IN BOLD FACE ARE
DEFINED IN THE POLICY. VARIOUS
PROVISIONS IN THIS POLICY RESTRICT
COVERAGE. READ THE ENTIRE POLICY
CAREFULLY TO DETERMINE RIGHTS, DUTIES
AND WHAT IS AND IS NOT INSURED.
CLAIMS MADE POLICY: THIS INSURANCE
COVERAGE IS ON A CLAIMS MADE BASIS.
COVERAGE APPLIES ONLY TO THOSE CLAIMS
THAT ARE FIRST MADE DURING THE POLICY
PERIOD AND ANY EXTENDED REPORTING
PERIOD, IF APPLICABLE, AS THOSE TERMS ARE
DESCRIBED IN THIS POLICY. COVERAGE DOES
NOT APPLY TO ANY WRONGFUL ACT
COMMITTED BEFORE THE RETROACTIVE DATE
STATED IN THIS POLICY.
SECTION I — INSURING AGREEMENTS
A. Coverage
1. The Company will pay on the Insured's
behalf those sums, in excess of the Reten-
tion and within the applicable Limit of Insur-
ance, that the Insured becomes legally obli-
gated to pay as Damages or Claim
Expense because of Claims first made dur-
ing the Policy Period or Extended Report-
ing Period (if applicable) as a result of
Wrongful Acts committed in the perfor-
mance of Insured Services.
2. For the purposes of this policy of insurance,
"Wrongful Act" shall mean the following
conduct or alleged conduct by an Insured,
or any person or organization for whom an
Insured is legally liable:
a. A negligent act, error or omission;
b. Any form of defamation or other tort re-
lated to disparagement or harm to the
character, reputation or feelings of any
person or organization, including libel,
slander, product disparagement, trade
libel, infliction of emotional distress, ma-
licious falsehood, outrage or outrageous
conduct;
c. Any form of invasion, infringement or in-
terference with rights of privacy or pub-
licity, including false light, public disclo-
sure of private facts, intrusion, breach of
confidence, and commercial appropria-
tion of name or likeness;
d. Wrongful entry or eviction, trespass,
eavesdropping or other invasion of the
right of private occupancy;
False arrest, detention or imprisonment;
or
f. Malicious prosecution.
All Wrongful Acts that take place between
the Retroactive Date and the end of the
Policy Period of the last policy the Compa-
ny issued to the Insured and are related by
common facts, circumstances, transactions,
events and/or decisions will be treated as
one Wrongful Act.
B. Defense and Settlement of a Claim
The Company will have the right and duty to
appoint an attorney and defend a covered
Claim, even if the allegations are groundless,
false or fraudulent. However:
1. The Company may, at the Company's dis-
cretion, investigate and settle a covered
Claim.
MPL 00 00 04 20 Page 1 of 14
MISCELLANEOUS PROFESSIONAL LIABILITY POLICY
2. No offer to settle any Claim will be made or
accepted by the Insured without prior writ-
ten agreement by the Company. Notwith-
standing the foregoing, it is understood that
the Insured may settle any Claim for which
the total cost of Damages and Claim Ex-
pense associated therewith is less than the
amount of the remaining Retention.
3. If the Company is willing to accept the
judgment of the trial or appellate court or
any negotiated settlement or settlement offer
and the Insured is not willing to accept such
judgment or settlement, the Company's lia-
bility for any Claim Expense and/or Dam-
ages incurred after the Company indicated
its willingness to accept such judgment or
settlement shall be limited to the amount for
which the Company could have resolved
the Claim plus an additional fifty percent
(50%) of that amount. Nothing in this provi-
sion will cause the Company's liability to
exceed the applicable Limits of Insurance
set forth on the Declarations Page.
4. The Company's right and duty to defend
and pay on the Insured's behalf ends when
the Company has used up the applicable
Limit of Insurance in payment of Damages
or Claim Expense, or has met its payment
obligations in connection with a Claim sub-
ject to Section 1.B.3.
Nothing in this SECTION I — INSURING
AGREEMENT, Section B. Defense and Inves-
tigation will relieve the Insured from any notice
or cooperation requirements contained in the
GENERAL CONDITIONS section or any other
part of this policy.
C. Spousal Coverage
If a Claim made against an Individual Insured
includes a Claim against that Individual In-
sured's lawful spouse solely by reason of:
Such spouse's status as the Individual In-
sured's spouse, or
2. Such spouse's ownership interest in proper-
ty from which the claimant seeks recovery
for the Individual Insured's Wrongful
Acts,
all Claim Expense and Damages which such
spouse becomes legally obligated to pay on ac-
count of such Claim shall be treated for purpos-
es of this policy as Claim Expense and Dam -
ages which the Individual Insured is legally ob-
ligated to pay on account of the Claim made
against the Individual Insured. Such Claim
Expense and Damages shall be covered under
this policy only if and to the extent that such
Claim Expense and Damages would be cov-
ered under this policy if incurred by the Individ-
ual Insured. The coverage extension afforded
by this subsection does not apply to any Claim
alleging any Wrongful Act or omission by the
Individual Insured's spouse. The term
"spouse" as used in this section shall include
any natural person qualifying as a domestic
partner under the provisions of any applicable
federal, state or local law in the United States of
America.
SECTION II — LIMITS OF INSURANCE,
RETENTION AND REIMBURSEMENT
A. Limits of Insurance
1. Each Wrongful Act
The Each Wrongful Act Limit of Insurance
stated in Item 5.a. on the Declarations Page
is the most the Company will pay for Dam-
ages and Claim Expense combined for the
total of all Claims made during the Policy
Period and any Extended Reporting Period
arising from one Wrongful Act, no matter
how many:
a. Insureds this policy covers;
b. Claims are made; or
c. Persons or organizations make Claims.
2. Total Limit of Insurance
The Total Limit of Insurance stated in Item
5.b. on the Declarations Page is the most
the Company will pay for Damages and
Claim Expense combined for the total of all
Claims made during the Policy Period and
any Extended Reporting Period, no matter
how many:
a. Insureds this policy covers;
b. Claims are made;
c. Persons or organizations make Claims;
or
MPL 00 00 04 20 Page 2 of 14
MISCELLANEOUS PROFESSIONAL LIABILITY POLICY
d. Wrongful Acts are committed.
3. Sub -Limits
a. Disciplinary Proceedings Claim Ex-
pense
The most the Company will pay for all
Claim Expense incurred in connection
with Disciplinary Proceedings com-
menced during the Policy Period and
any applicable Extended Reporting Pe-
riod shall be $10,000, no matter how
many:
(1) Insureds this policy covers;
(2) Disciplinary Proceedings are
commenced;
(3) Persons, organizations, or authori-
ties institute Disciplinary Proceed-
ings; or
(4) Wrongful Acts are committed.
b. Insured's Claim Attendance Expense
If the Insured is requested by the Com-
pany to attend hearings, depositions
and trials in connection with the defense
of a covered Claim, the most the Com-
pany shall pay for the Insured's Claim
Attendance Expense incurred as a di-
rect result of such attendance, after any
applicable Retention is satisfied, will be
the lesser of: the Insured's actual
Claim Attendance Expense, or $500
per day. In any event, the Company's
total payment for all such Claim At-
tendance Expense shall not exceed
$10,000 for each Policy Period, no
matter how many:
(1) Insureds this policy covers;
(2) Claims are made;
(3) Persons or organizations make
Claims;
(4) Trials, depositions, hearings or re-
lated appearances the Insured at-
tends; or
(5) Wrongful Acts are committed.
c. These sub -limits, and any other sub -limit
which may be stated in any endorse-
ment to this policy, shall be part of, and
not in addition to, the Total Limit of In-
surance stated in Item 5.b. of the Decla-
rations. Payment for Claim Expense or
Damages to which a sub -limit applies
will reduce the Total Limit of Insurance
available to pay Claims covered under
this policy.
d. If more than one sub -limited coverage
applies to a Claim covered under this
policy, the Company shall not be obli-
gated to pay more than the largest ap-
plicable sub -limit for all Claim Expense
and Damages in connection with such
Claim.
B. Retention
The Company shall be liable for only that part of
Damages and Claim Expense covered under
this policy which is excess of the Wrongful Act
Retention as described below and in the
amount set forth in Item 6. of the Declarations.
Such Retention shall be borne by the Insureds
uninsured and at their own risk.
With respect to Claims for Wrongful Acts, the
Retention set forth in Item 6. of the Declarations
shall apply to each Wrongful Act covered by
this policy. All Wrongful Acts that involve the
same or related subject, person, class of person
or have common facts or circumstances or in-
volve common transactions, events or decisions,
regardless of the number of repetitions, altera-
tions, actions, or forms of communication will be
treated as one Wrongful Act for the purposes of
applying the Retention. The Retention applies
to Damages and Claim Expense combined.
The Retention shall not apply to Claim Ex-
pense incurred in connection with Disciplinary
Proceedings.
If more than one Retention applies to a Claim
covered under this policy, the Insured's Reten-
tion obligation shall not exceed the largest ap-
plicable Retention in connection with such
Claim.
The Limit of Insurance shall not be reduced by
the application of the Retention. All other rights,
duties and obligations under the policy shall re-
main the same regardless of whether or not the
Retention has been satisfied, including, but not
limited to, the Company's right and duty to in-
vestigate, defend and settle Claims and the In-
MPL 00 00 04 20 Page 3 of 14
MISCELLANEOUS PROFESSIONAL LIABILITY POLICY
sured's notice and cooperation duties set forth
in this policy.
C. Reimbursement
If, at the Company's option, the Company has
paid any amounts for Damages or Claim Ex-
pense in excess of the applicable Limit of Insur-
ance, including any amounts paid in excess of
the Company's obligation to pay Damages and
Claim Expense pursuant to SECTION I —
INSURING AGREEMENT, Section B. Defense
and Investigation, Paragraph 3. of this policy,
or if the Company has paid part or all of any Re-
tention, the Insured shall reimburse the Com-
pany for such amounts upon demand.
The Company will have the right to seek recov-
ery from any Insured of any Claim Expense or
Damages paid by the Company as a result of
any portion of a Claim that is not covered by this
policy.
SECTION III — EXCLUSIONS
A. The Company is not obligated to pay Damages
or Claim Expense or defend Claims for or aris-
ing directly or indirectly out of:
1. Bodily Injury or Property Damage.
2. An act or omission that is dishonest, fraudu-
lent, criminal, malicious or was intentionally
committed while knowing it was wrongful, as
evidenced by any judgment, final adjudica-
tion, alternate dispute resolution proceeding
or written admission by the Insured. This
exclusion does not apply to any Individual
Insured that did not commit, acquiesce or
participate in the actions that gave rise to
the Claim. Pursuant to SECTION II —
LIMITS OF INSURANCE, RETENTION
AND REIMBURSEMENT, Section C. of this
policy, the Company shall have a right to re-
imbursement of any Damages or Claim Ex-
pense paid by the Company as a result of a
Claim to which this exclusion applies.
3. Infringement, misappropriation or theft of:
a. Copyright;
b. Trademark, trade dress, trade name,
service mark, service name, title or slo-
gan;
c. Patent; or
d. Trade secrets.
4. Unfair competition, restraint of trade or any
other violation of antitrust laws.
5. Harassment, misconduct or discrimination
because of or relating to:
a. Race, creed, color or age;
b. Sex, sexual preference, national origin
or religion; or
c. Handicap, disability or marital status,
but only if the harassment, misconduct or
discrimination was knowingly committed, as
evidenced by any judgment, final adjudica-
tion, alternate dispute resolution proceeding
or written admission by the Insured. Pursu-
ant to SECTION II — LIMITS OF
INSURANCE, RETENTION AND
REIMBURSEMENT, Section C. of this poli-
cy, the Company shall have a right to reim-
bursement of any Damages or Claim Ex-
pense paid by the Company as a result of a
Claim to which this exclusion applies.
Gain, profit or advantage to which any In-
sured is not legally entitled, as evidenced by
any judgment, final adjudication, alternate
dispute resolution proceeding or written ad-
mission by the Insured. Pursuant to
SECTION II — LIMITS OF INSURANCE,
RETENTION AND REIMBURSEMENT,
Section C. of this policy, the Company shall
have a right to reimbursement of any Dam-
ages or Claim Expense paid by the Com-
pany as a result of a Claim to which this ex-
clusion applies.
7. Violation of any provisions of the Employee
Retirement Income Security Act of 1974 (the
"Act") or:
a. Any amendment to the Act; or
b. Any regulations, rulings or orders issued
pursuant to the Act.
8. Violation of the Securities Act of 1933 as
amended, The Securities Exchange Act of
1934 as amended, the Investment Advisers
Act of 1940, any state blue sky or securities
law, any similar state or federal law, or any
order, ruling or regulation issued pursuant to
the above laws.
MPL 00 00 04 20 Page 4 of 14
MISCELLANEOUS PROFESSIONAL LIABILITY POLICY
9. The actual or threatened discharge, disper-
sal or release of any Pollutant; or the crea-
tion of an injurious condition involving any
Pollutant; or the existence of any Pollutant
on any property; or the clean up, removal,
testing, monitoring, containment, treatment,
detoxification or neutralization of any Pollu-
tant. This exclusion shall apply whether or
not the pollution was sudden, accidental,
gradual, intended, expected or preventable
or whether or not any Insured caused or
contributed to the pollution.
10. The performance of services which can only
be performed by a:
a. Architect or licensed engineer;
b. Attorney;
c. Certified public accountant;
13. Gathering, acquisition or obtaining of infor-
mation about Internet users in any manner,
including but not limited to, placement
and/or use of spyware or adware.
14. Unsolicited faxes, unsolicited electronic mail,
unsolicited telephone calls or other unsolic-
ited electronic communications. This exclu-
sion shall include alleged violations of state,
local or federal law, including non-U.S. laws,
any amendment to such laws, or violation of
any order, ruling or regulation issued pursu-
ant to such laws that regulate such commu-
nication.
15. Actions, decisions, orders or proceedings by
the Federal Trade Commission, Federal
Communications Commission or any other
federal, state or local governmental regula-
tory agency, except for Disciplinary Pro-
ceedings.
d. Medical practitioner or other health care 16. Unauthorized access to, unauthorized use
provider, including, but not limited to, of, or unauthorized alteration of any com-
physicians or nurses, and including any puter or system, hardware, software, pro -
Claims arising directly or indirectly out gram, network, data, database, communica-
of medical malpractice, including the tion network or service, including the
giving or receiving of professionally introduction of malicious code or virus, or
qualified medical opinions, or the admin- repetitively accessing a website under the
istration of or failure to administer or control of an Insured with the intent to deny
summon medical care or first aid; others access to such website or with the in-
tent to cause such website's functionality to
fail, including what is commonly referred to
e. Actuary; as denial of service attacks.
f. Licensed insurance agent or broker;
g. Certified financial planner; or
h. Securities or investment advisor or bro-
ker/dealer.
11. Malfunction or defect of any hardware,
equipment or component. This exclusion
does not apply when the malfunction or de-
fect is solely the result of any Insured's
Wrongful Act in performing Insured Ser-
vices.
12. Electrical or mechanical failure, including
power interruption, surge, spike, brownout or
blackout, and outages to gas, water, tele-
phone, cable, satellite, telecommunications
or other infrastructure; except this exclusion
does not apply when the failure is solely the
result of the Insured's Wrongful Act in per-
forming Insured Services.
17. Advertising by the Insured, including inac-
curate, inadequate or incomplete description
of the price of the Insured's goods, prod-
ucts or services, or the failure of the In-
sured's goods, products or services to con-
form with any represented quality or
performance contained in Advertising by
the Insured.
18. Performance or failure to perform otherwise
covered Insured Services without a valid
and active license, certification, accredita-
tion, or designation if required by federal,
state, or local statutory laws to perform such
Insured Services
19. Obligations under any Workers' Compensa-
tion, Unemployment Compensation, Em-
ployers Liability or Disability Benefit Law, in-
cluding any similar provisions of any federal,
state or local statutory or common law.
MPL 00 00 04 20 Page 5 of 14
MISCELLANEOUS PROFESSIONAL LIABILITY POLICY
20. Failure to protect any non-public, personally
identifiable information in the Insured's
care, custody or control.
21. Violation of or noncompliance with any law
or regulation governing or pertaining to
gambling, gaming, lotteries or games of
chance and any other act associated with
any such violation or noncompliance
22. Theft, misappropriation, commingling or
conversion of any funds, monies, assets, or
property.
23. Investment advice including guarantees
about the future performance or value of in-
vestments, rates of return, interest, or tax
consequences
B. The Company is not obligated to pay Damages
or Claim Expense or defend Claims made by:
1. Any enterprise that is a parent, affiliate or
partner of any Insured;
2. Any enterprise directly or indirectly con-
trolled, operated or managed by the Insured
or an enterprise described in SECTION III —
EXCLUSIONS, Section B., Paragraph 1
above;
3. Any Insured;
4. Any present, former or prospective employ-
ees, officers, directors of any Insured when
the Claim is in any way related to the pre-
sent, former or prospective employment re-
lations between the claimant and any In-
sured; or
5. Any regulatory authority, or any federal,
state or local governmental agency; except
this exclusion does not apply to a Claim
brought by any of these entities if such entity
is also a client, and the Claim arises from
actual or alleged Wrongful Acts in the In-
sured's performance of Insured Services
for or on behalf of such agency or entity.
C. The Company is not obligated to pay Damages
or Claim Expense or defend Claims for the
breach of express warranties, guarantees or
contracts; provided, however, with respect to al-
legations of breach of contract this exclusion
shall not apply to any liability that would have at-
tached in the absence of such contract nor to
coverage for Claims for actual or alleged negli-
gent performance of Insured Services.
D. The Company is not obligated to pay Damages
or Claim Expense or defend Claims based up-
on, arising out of, directly or indirectly resulting
from, in consequence of or in any way involving:
1. Any fact, circumstance, transaction, event or
Wrongful Act that:
a. before the First Inception Date was the
subject of any notice of claim or loss, or
notice of potential claim or potential
loss, given under any other policy of in-
surance; or
b. which, as of the First Inception Date
any Insured had knowledge and that
was reasonably likely to give rise to a
Claim that would fall within the scope of
the insurance afforded by this policy; or
c. any other Wrongful Act whenever oc-
curring, which together with a Wrongful
Act described in a. or b. above, consti-
tute one Wrongful Act as defined in this
policy;
2. Any demand, suit or other proceeding pend-
ing, or order, decree or judgment entered:
against any Insured on or prior to the
First Inception Date or any Wrongful
Act, fact, circumstance or situation un-
derlying or alleged therein; or
b. any other Wrongful Act whenever oc-
curring, which, together with a Wrongful
Act described in a. above, constitute
one Wrongful Act as defined in this pol-
icy.
SECTION IV — WHERE AND WHEN THE
COMPANY INSURES
A. Where The Company Insures
Coverage under this policy applies to Wrongful
Acts committed anywhere and to Claims made
in the jurisdiction of the United States of America
(including its territories and possessions), Puerto
Rico and Canada. If Damages or Claim Ex-
pense are paid in a currency other than United
MPL 00 00 04 20 Page 6 of 14
MISCELLANEOUS PROFESSIONAL LIABILITY POLICY
States of America dollars, then the payment un-
der this policy will be considered to have been
made in United States dollars at the conversion
rate published in The Wall Street Journal at the
time of the payment.
B. When The Company Insures
1. Claims First Made
This insurance applies when a Claim is first
made against any Insured during the Policy
Period. To be covered, the Claim must also
arise from a Wrongful Act committed during
the Policy Period, except as otherwise pro-
vided below in SECTION — IV, Section B.
When The Company Insures, Paragraphs
2 and 3. The Company will consider a
Claim to be first made against an Insured
when a written Claim is first received by any
Insured.
This insurance also applies to Claims under the
following conditions:
2. Prior Wrongful Acts
This policy will apply to a Claim first made
against any Insured arising from a Wrong-
ful Act committed between the Retroactive
Date and the Inception Date of the policy,
but only if all of the following conditions are
met:
a. The Claim is first made against any In-
sured during the Policy Period. The
Company will consider a Claim to be
first made against the Insured when a
Claim is received by any Insured;
b. No Insured knew, prior to the First In-
ception Date, of a circumstance that
could reasonably be expected to lead to
the Claim; and
c. There is no other valid and collectible
insurance applicable to the Claim.
3. Reported Wrongful Acts
This policy will apply to a Claim first made
against any Insured after the end of the
Policy Period, but only if all of the following
conditions are met:
a. The Wrongful Act giving rise to the
Claim is committed between the Retro-
active Date and the end of the Policy
Period;
b. Prior to the First Inception Date, no In-
sured knew of the Wrongful Act, al-
leged Wrongful Act or circumstance
that could reasonably be expected to
lead to the Claim;
The Company receives written notice
from the Insured during the Policy Pe-
riod of the Wrongful Act. The notice
must include all of the following infor-
mation:
(1) The names of those persons or or-
ganizations involved in the Wrong-
ful Act;
(2) The specific person or organization
likely to make the Claim;
(3) A description of the time, place and
nature of the Wrongful Act; and
(4) A description of the potential Dam-
ages; and
d. There is no other valid and collectible
insurance applicable to the Claim.
The provisions of the policy in effect on the
date the Company receives the notice of
the Wrongful Act under this paragraph 3.
will apply to any resulting Claim.
4. Extended Reporting Period
If the Insured did not report Wrongful Acts
during the Policy Period as described in
SECTION — IV, Section B. When The
Company Insures, Paragraph 3 above,
and Claims arising from such Wrongful
Acts are first made after the end of the Pol-
icy Period, such Claims are not covered
under this policy unless the First Named
Insured purchases an Extended Reporting
Period from the Company.
If the First Named Insured purchases
an Extended Reporting Period, the
Company will cover a Claim first made
against any Insured after the end of the
Policy Period but during the Extended
Reporting Period, only if all of the follow-
ing conditions are met:
MPL 00 00 04 20 Page 7 of 14
MISCELLANEOUS PROFESSIONAL LIABILITY POLICY
(1) The Wrongful Act giving rise to
such Claim is committed between
the Retroactive Date and the end
of the Policy Period;
(2) No Insured knew prior to the First
Inception Date of a circumstance
that could reasonably be expected
to lead to the Claim; and
(3) There is no other valid or collectible
insurance applicable to the Claim.
The Company will consider a Claim to
be made during the Extended Reporting
Period only if the Claim is first received
by any Insured after the Expiration Date
of the Policy Period and prior to the
Expiration Date stated in the Extended
Reporting Period Endorsement.
b. The following provisions and conditions
also apply to the Extended Reporting
Period:
(1) If there is a Termination of Cover-
age and upon request by the
Named Insured, the Company will
sell one of the Extended Reporting
Period options listed on the Extend-
ed Reporting Period Option En-
dorsement. Where a claims -made
relationship between the Insured
and the Company has continued for
less than one year the Company is
not required to sell an Extended
Reporting Period for Termination of
Coverage for nonpayment of pre-
mium or fraud.
(2) The Company must receive the
First Named Insured's request for
the Extended Reporting Period in
writing within the later of:
a) sixty (60) days after the
end of the Policy Period, or
b) thirty (30) days from the
date of mailing or delivery of
the advice informing the in-
sured of an Extended Re-
porting Period option. This
advice does not apply upon
cancellation due to non-
payment of premium or
fraud on the part of the In-
sured.
On receipt and acceptance of the
request, the Company will issue an
endorsement showing the Extended
Reporting Period in accordance with
the option requested by the First
Named Insured. At the same time,
the Company will bill the additional
premium, and the Company must
receive payment within thirty (30)
days after the billing date for the en-
dorsement to be effective.
(3) The endorsement shall also include
the provisions and conditions appli-
cable to the Extended Reporting Pe-
riod. Once in effect, the Extended
Reporting Period may not be can-
celed.
(4) A Claim that is first made during the
Extended Reporting Period will be
deemed to have been made on the
last day of the Policy Period. The
provisions of the policy in effect on
the last day of the Policy Period will
apply.
(5) The Extended Reporting Period
does not extend the Policy Period
or change the scope of coverage
provided.
(6) If a corporation, partnership or other
entity has been placed in liquidation
or bankruptcy or permanently ceas-
es operations and the entity or its
designated trustee does not pur-
chase extended reporting period
coverage then any person covered
under the policy may request the ex-
tended reporting period coverage
within 120 days of the termination of
coverage
5. Multiple Claims
All Claims arising from the same Wrongful
Act will be deemed to have been made on
the earlier of the following times:
The date the first of those Claims is
made against any Insured; or
b. The first date the Company receives
the Insured's written notice of the
Wrongful Act.
MPL 00 00 04 20 Page 8 of 14
MISCELLANEOUS PROFESSIONAL LIABILITY POLICY
The provisions of the policy in effect on that
date will apply.
SECTION V — DEFINITIONS F.
A. "Advertising by the Insured" means advertis-
ing, publicity or promotion of any kind of the In-
sured's products and services.
B. "Application" means all of the following:
1. The Insured's Miscellaneous Professional
Liability insurance policy application, and, if
this policy is a renewal of a policy issued by
the Company, the Insured's Miscellaneous
Professional Liability insurance renewal ap-
plication, including all applications and re-
newal applications submitted for such poli-
cies;
2. Other companies' insurance policy applica-
tions, if accepted by the Company; and
3. All attachments to the Application or re-
newal Application and any other infor-
mation furnished to the Company for the
purpose of applying for the insurance. All
such attachments and information will be
kept on file by the Company, deemed at-
tached to the policy as if physically attached
to it and shall become incorporated in and
constitute a part of this policy.
C. "Bodily Injury" means physical injury to the
body, or sickness or disease sustained by a per-
son, including death resulting therefrom.
Bodily Injury also means mental injury or men-
tal anguish, including emotional distress, shock
or fright, if resulting from injury to the body, sick-
ness, disease or death of any person. However,
Bodily Injury does not include such mental inju-
ry or mental anguish if directly resulting from a
covered Wrongful Act arising out of the perfor-
mance or failure to perform Insured Services.
D. "Claim" means a written demand or written
assertion of a legal right made against any In-
sured seeking Damages or non -monetary relief,
including arbitration proceedings and Discipli-
nary Proceedings, including any appeal there-
from.
E. "Claim Attendance Expense" means the In-
sured's actual loss of earnings and reasonable
expenses incurred directly in order for the In-
sured to attend hearings, depositions and trials
at the request of the Company in connection
with the defense of a covered Claim.
"Claim Expense" means expenses incurred by
the Company or by the Insured with the Com-
pany's consent in the investigation, adjustment,
negotiation, arbitration, mediation and defense
of covered Claims, whether paid by the Com-
pany or Insured with the Company's consent.
Claim Expense includes:
1. Attorneys fees;
2. Costs taxed against an Insured in any suit
defended by the Company;
3. The cost of appeal bonds or bonds to re-
lease attachments, but only for bond
amounts within the applicable Limit of Insur-
ance. The Company does not have to fur-
nish these bonds; and
4. Reasonable expenses incurred by an In-
sured at the Company's request, exclud-
ing:
a. Loss of earnings (except to the extent
covered as Claim Attendance Ex-
pense); and
b. Salaries or other compensation paid to
any Insured.
G. "Company" means the insurance company
stated at the top of the Declarations Page.
H. "Damages" means monetary judgment, award
or settlement, including those that are actual,
statutory, punitive, multiplied or exemplary, if
permitted by law in an applicable jurisdiction;
and legal expense or other costs included as
part of a judgment, award or settlement. Dam-
ages also includes interest on any part of any
judgment that accrues after entry of the judg-
ment and before the Company has paid, offered
to pay or deposited in court the part of the judg-
ment that is within the applicable Limit of Insur-
ance.
Damages does not include fines, penalties,
taxes or return of fees, deposits, commissions or
charges for goods or services.
Damages also does not include costs of correct-
ing, performing or re -performing Insured Ser-
vices by:
MPL 00 00 04 20 Page 9 of 14
MISCELLANEOUS PROFESSIONAL LIABILITY POLICY
1. Any Insured; or
2. Another party, when an Insured had the op-
portunity to correct, perform or re -perform
the service that generated the cost.
In determining the insurability of punitive or ex-
emplary damages, or the multiplied portion of
any multiplied damage award, the law of the ju-
risdiction most favorable to the insurability of
those damages will control for purposes of re-
solving any dispute between the Company and
the Insureds, provided that such jurisdiction is:
1. Where the punitive, exemplary or multiplied
damages were awarded or imposed;
2. Where the Wrongful Act giving rise to the
Claim took place;
3. Where either the Company or any Insured
is incorporated, has its principal place of
business or resides; or
4. Where this policy was issued or became ef-
fective.
I. "Disciplinary Proceeding" means any action,
investigation or request for information by a reg-
ulatory or disciplinary official, board or agency
authorized by law or administrative order to
oversee, investigate or institute actions regard-
ing the Insured's professional misconduct in the
performance of Insured Services.
J. "First Inception Date" is the Inception Date of
the earliest errors and omissions insurance poli-
cy the Company issued to the First Named In-
sured that provides similar coverage by the
Company, provided that there has been uninter-
rupted coverage by the Company for the First
Named Insured from that earliest policy to this
policy.
K. The "First Named Insured" is the Named In-
sured first listed on the Declarations Page.
L. "Individual Insured" means, individually and
collectively:
1. Any Named Insured that is an individual
person;
2. Any Named Insured's stockholders for their
liability as stockholders;
3. Any Named Insured's and Subsidiary's
partners, officers, directors and employees,
but only with respect to their activities within
the scope of their duties in such capacity in
the performance of Insured Services by the
Named Insured or any Subsidiary; and
4. Any Named Insured's and Subsidiary's
former partners, officers, directors and em-
ployees, but only with respect to their activi-
ties within the scope of their duties in the
capacity of the Named Insured's partners,
officers, directors or employees in the per-
formance of Insured Services by the
Named Insured.
In the event of death, incompetency, insolvency
or bankruptcy of any Insured, the Insured's le-
gal representative shall be considered an "Indi-
vidual Insured", but only with respect to its ac-
tivities within the scope of its duties in such
capacity in the performance of Insured Ser-
vices by a Named Insured.
M. "Insured" means, individually and collectively:
1. A Named Insured; and
2. The Individual Insureds.
N. "Insured Services" means those services per-
formed for others as stated in Item 4. on the
Declarations Page, or as otherwise stated by
endorsement to this policy.
O. "Named Insured" means the person or entity
listed in Item 1. of the Declarations Page and its
Subsidiaries.
P. "Policy Period" means the period of time stated
in Item 2. on the Declarations Page, or any
shorter period resulting from policy cancellation.
Q. "Pollutant" means any solid, liquid, gaseous or
thermal irritant or contaminant, including but not
limited to:
1. Smoke, vapor, soot, fumes, acids, alkalis,
chemicals, lead, silica, mold or asbestos;
2. Hazardous, toxic or radioactive matter or
nuclear radiation;
3. Waste, which includes material to be recy-
cled, reconditioned or reclaimed; or
MPL 00 00 04 20 Page 10 of 14
MISCELLANEOUS PROFESSIONAL LIABILITY POLICY
4. Any other pollutant as defined by applicable of, occurring prior to the time such entity be -
federal, state or local statutes, regulations, came a Subsidiary.
rulings or ordinances.
V. "Wrongful Act" means conduct or alleged con-
R. "Property Damage" means: duct by an Insured, or any person or organiza-
tion for whom an Insured is legally liable, as de-
l. Physical injury to tangible property, including scribed in Insuring Agreement Section I.A. of
all resulting loss of use of that property; or this policy or as amended by applicable en-
dorsement(s) attached hereto.
2. Loss of use of tangible property that is not
physically injured.
S. "Retention" means the amount stated in Item 6.
on the Declarations Page and described in Sec-
tion II.B. of this policy.
T. "Retroactive Date" means the date, if any,
stated in Item 3. on the Declarations Page.
U. "Subsidiary(ies)" means any entity in which,
and so long as, a Named Insured, either direct-
ly or indirectly:
1. Owns more than fifty (50) percent of the is-
sued and outstanding voting equity securi-
ties; or
2. Controls voting rights representing the pre-
sent right to vote for election or to appoint
more than fifty (50) percent of the directors
or trustees;
on or before the effective date of this policy, or
after the effective date of this policy; provided
that, with any respect to any entity that becomes
a Subsidiary after the effective date of the poli-
cy, and the entity's gross revenues exceed ten
percent (10%) of the Insured's annual gross
revenues at the Inception Date of the policy, the
entity shall only be deemed a Subsidiary under
this policy for a period of ninety (90) days from
the date it became a Subsidiary.
If the Insured gives written notice within ninety
(90) days of the creation or acquisition of the
Subsidiary, including the necessary underwrit-
ing information the Company may require and
pay any reasonable additional premium as the
Company may require, then the Company will
issue an endorsement including such entity in
the definition of Subsidiary for the duration of
the Policy Period.
In all events there is no coverage for Wrongful
Acts, Damages or Claim Expense relating to
any activities of a Subsidiary, or Insured there-
All Wrongful Acts that:
1. Take place between the Retroactive Date
and the end of the Policy Period of the last
policy the Company issued to the Insured
and
2. Are related by common facts, circumstanc-
es, transactions, events and/or decisions will
be treated as one Wrongful Act.
SECTION VI — GENERAL CONDITIONS
A. Time of Inception; Policy Period
This policy will begin at 12:01 A.M. on the Incep-
tion Date shown in the Declarations. This policy
will continue to apply until 12:01 A.M. on the Ex-
piration Date also shown in the Declarations un-
less terminated at an earlier date.
B. Premium
The First Named Insured will pay to the Com-
pany the amount of premium stated in Item 7. of
the Declarations. The premium may be adjusted
at any time during the Policy Period or any ex-
tensions of the Policy Period based upon
changes in the provisions of this policy as may
be agreed upon by the First Named Insured
and the Company.
C. Insured's Duties in the Event of a Claim
1. If there is a Claim, the Insured must do the
following after the Named Insured has
knowledge of the Claim:
a. Notify the Company in writing as soon
as practicable. This notice must contain
details that identify the Insured, the
claimant and also reasonably obtainable
information concerning the time, place
and other details of the Wrongful Act
and Claim.
MPL 00 00 04 20 Page 11 of 14
MISCELLANEOUS PROFESSIONAL LIABILITY POLICY
b. Immediately send the Company copies
of all demands, notices, summonses or
legal papers received in connection with
the Claim;
c. Authorize the Company to obtain rec-
ords and other information;
d. Cooperate with and assist the Compa-
ny in the investigation, settlement or de-
fense of the Claim; and
e. Assist the Company, upon the Compa-
ny's request, in enforcing any rights of
contribution or indemnity against anoth-
er who may be liable to any Insured.
2. No Insured will, except at the Insured's
own cost, voluntarily make a payment, admit
liability, assume any obligation or incur any
expense without the Company's prior writ-
ten consent.
3. When this policy requires that an Insured
provide notice of a Claim, we will consider
the Insured to have knowledge of that
Claim when any of the offices of the Named
Insured's chairperson of the board of direc-
tors, president, chief executive officer, chief
operating officer, chief financial officer, risk
manager or in-house counsel has that
knowledge.
D. Bankruptcy
The bankruptcy or insolvency of the Insured or
Insured's estate will not relieve the Company
of the Company's obligation under this insur-
ance. However, this insurance will not apply to
liability directly or indirectly due to such bank-
ruptcy, insolvency, receivership or subsequent
liquidation.
E. Other Insurance
If other valid and collectible insurance applies to
a Claim covered under this policy, this insur-
ance is excess over such other insurance, ex-
cept when the other insurance is specifically ar-
ranged by or on behalf of the Named Insured to
apply in excess of this insurance, and no other
insurance applies to the Claim.
F. Subrogation and Recovery
In the event of any payment under this policy,
the Company will be subrogated to all the In-
sured's rights of recovery therefore against any
person or organization, and the Insured will ex-
ecute and deliver instruments and papers and
do whatever else is necessary to secure such
rights. The Insured will do nothing to prejudice
such rights. The Company will have no rights of
subrogation against any Insured hereunder.
Any recoveries shall be applied as follows:
1. First, to the Company up to the amount the
Company has paid for Damages and Claim
Expense.
Then, to the First Named Insured as re-
covery of Retention amounts paid as Dam-
ages and Claim Expense.
G. Changes in Insured's Operations
This policy applies only to Insured Services as
described in the Application. This policy will not
apply to any other activities or entities unless,
with the Company's consent, such activities or
entities are added to this policy by endorsement.
The Named Insured will promptly pay any addi-
tional premium that may become due as a result
of such addition.
H. Assignment
Assignment of any interest under this policy will
not bind the Company unless and until its writ-
ten consent is endorsed hereon.
I. Cancellation and Nonrenewal
1. Cancellation
The First Named Insured may cancel
this policy by mailing or delivering writ-
ten notice of cancellation to the Com-
pany or the Company's authorized rep-
resentative, at the address shown on
the Declarations Page of this policy.
Such notice of cancellation will state the
effective date of cancellation or, if no ef-
fective date is stated, the effective date
of cancellation shall be thirty (30) days
after receipt of notice. The Policy Peri-
od will end on that date.
b. The Company may cancel this policy by
mailing or delivering to the First Named
Insured written notice of cancellation at
least:
MPL 00 00 04 20 Page 12 of 14
MISCELLANEOUS PROFESSIONAL LIABILITY POLICY
(1) Ten (10) days before the effective
date of cancellation if the Company
cancels for nonpayment of premium;
or
(2) Thirty (30) days before the effective
date of cancellation if the Company
cancels for any other reason.
c. If this policy is canceled, the Company
will send the First Named Insured any
premium refund due. If the Company
cancels, the refund will be the pro rata
unearned amount of the annual premi-
um. If the First Named Insured can-
cels, the refund, if any, will be the pro
rata unearned amount of the annual
premium calculated at the customary
short rate. Return of premium to the
First Named Insured is not a condition
precedent to cancellation.
d. The Company will mail or deliver the
notice to the address stated in Item 1.
on the Declarations Page.
e. If notice of cancellation is mailed, proof
of mailing will be sufficient proof of no-
tice. Delivery of the notice will be the
same as mailing.
2. Nonrenewal
The Company may elect not to renew this
policy by mailing or delivering written notice
of nonrenewal to the First Named Insured
at the address shown on the Declarations
Page of this policy. The Company will mail
or deliver the notice at least sixty (60) days
before the expiration of the policy.
If notice of nonrenewal is mailed, proof of
mailing will be sufficient proof of notice. De-
livery of the notice will be the same as mail-
ing.
J. Action Against the Company
1. No action will lie against the Company un-
less, as a condition precedent thereto, there
has been full compliance with all of the
terms of this policy by all Insureds, nor until
the amount of the Insured's obligation to
pay has been fully determined either by
judgment or award against the Insured after
actual trial or arbitration or by written
agreement among the Insured, the claimant
and the Company. Any person or organiza-
tion, or the legal representative thereof, who
has secured such judgment or written
agreement, will thereafter be entitled to re-
cover under this policy to the extent of the
insurance afforded by this policy.
2. No person or organization will have any right
under this policy to join the Company as a
party to any action against the Insured to
determine the Insured's liability, nor will the
Company be impleaded by the Insured or
the Insured's legal representative.
K. Representations
By accepting this policy, the Named Insured
agrees:
1. The statements made and information con-
tained in the Application for this insurance
furnished to the Company are true, accu-
rate and complete;
2. Those statements furnished to the Compa-
ny are representations the Named Insured
made to the Company on behalf of all In-
sureds;
3. Those representations are a material in-
ducement to the Company to issue this pol-
icy;
4. The Company has issued this policy in reli-
ance upon those representations;
5. This policy embodies all agreements exist-
ing between the Insured and the Company
or any of its agents relating to this insur-
ance;
6. The Insured has and will provide true, accu-
rate and complete information with regard to
audits, claims, and assessments as required
by the Company;
7. The Application, including any attach-
ments, and all other information and materi-
als submitted by or on behalf of the In-
sureds to the Company in connection with
the Company underwriting this policy, will
be kept on file by the Company, deemed at-
tached to this policy as if physically attached
to it and shall become incorporated in and
constitute a part of this policy;
MPL 00 00 04 20 Page 13 of 14
MISCELLANEOUS PROFESSIONAL LIABILITY POLICY
8. If such representations or such information
are not true, accurate and complete, this
policy shall be null and void in its entirety
and the Company shall have no liability
hereunder.
L. Severability
With regard to the information provided on any
insurance Application or with regard to
knowledge of any Wrongful Acts or Claims as
referenced in this policy, only facts pertaining to
and knowledge possessed by any of the offices
of the Named Insured's chairperson of the
board of directors, president, chief executive of-
ficer, chief operating officer, chief financial of-
ficer, risk manager, in-house counsel or any
person whose signature appears on any Appli-
cation, shall be imputed to the Insured.
M. Changes to the Policy
Notice or knowledge possessed by any person
will not effect a waiver or a change in any part of
this policy or estop the Company from asserting
any rights under the terms of this policy; nor will
the terms of this policy be waived or changed
except by written endorsement issued to form a
part of this policy.
N. Authorization
The First Named Insured is responsible for as-
surance of payment of all premiums and Reten-
tions. The First Named Insured will have ex-
clusive authority to act on behalf of all other
Insureds with respect to providing and receiving
notices of cancellation or nonrenewal, receiving
any return premium, and purchasing an Extend-
ed Reporting Period. In the event of a disagree-
ment between any Insureds, the First Named
Insured will have exclusive authority to act on
behalf of all other Insureds with respect to ne-
gotiation of settlements and the decision to ap-
peal or not to appeal any judgment.
MPL 00 00 04 20 Page 14 of 14
MISCELLANEOUS PROFESSIONAL LIABILITY
MPL 00 120 11 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ANTI -STACKING ENDORSEMENT
This endorsement modifies insurance provided under the following:
Miscellaneous Professional Liability Insurance Policy
SECTION II — LIMITS OF INSURANCE,
RETENTION AND REIMBURSEMENT, Section A
Limits of Insurance of the policy is amended to add
the following:
If any Wrongful Act that is covered by the poli-
cy is also covered to any extent by another poli-
cy also issued by the Company or any of its
parents, subsidiaries or its affiliates to the
Named Insured, the total liability of the Com-
pany or its parents, subsidiaries or its affiliates
under either or both policies for the Wrongful
Act shall not exceed the largest Total Limit of
Insurance available under either policy.
All other terms and conditions of this policy
remain unchanged.
MPL 00 120 11 15 Page 1 of 1
MISCELLANEOUS PROFESSIONAL LIABILITY
MPL 00 57 11 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAR AND TERRORISM EXCLUSION
This endorsement modifies insurance provided under the following:
Miscellaneous Professional Liability Insurance Policy
SECTION III — EXCLUSIONS of the policy is In the event any portion of this endorsement is found
amended to add the following: to be invalid or unenforceable, the remainder shall
remain in full force and effect.
Notwithstanding any provision to the contrary within
this policy or any endorsement thereto, it is agreed
that the Company is not obligated to pay Damages,
Claim Expense, or any other cost or expense direct-
ly or indirectly caused by, resulting from or in con-
nection with any of the following regardless of any
other cause or event contributing concurrently or in
any other sequence to the loss:
1. War, invasion, acts of foreign enemies, hostili-
ties or warlike operations (whether war be de-
clared or not), civil war, rebellion, revolution, in-
surrection, civil commotion assuming the
proportions of or amounting to an uprising, mili-
tary or usurped power; or
2. Any Act of Terrorism.
For the purpose of this endorsement, an Act of
Terrorism means an act, including but not limited to
the use of force or violence and/or the threat thereof,
of any person or group(s) of persons, whether acting
alone or on behalf of or in connection with any or-
ganization(s) or government(s), committed for politi-
cal, religious, ideological or similar purposes includ-
ing the intention to influence any government and/or
to put the public, or any section of the public, in fear.
The Company is also not obligated to pay loss,
Damages, Claim Expense, or any other cost or
expense directly or indirectly caused by, resulting
from or in connection with any action taken in con-
trolling, preventing, suppressing or in any way relat-
ing to 1. and/or 2. above.
If the Company alleges that by reason of this exclu-
sion, any Damages, Claim Expense, or any other
cost or expense is not covered by this policy, the
burden of proving the contrary shall be upon the
Insured.
All other terms and conditions of this policy
remain unchanged.
MPL 00 57 11 15 Page 1 of 1
MISCELLANEOUS PROFESSIONAL LIABILITY
MPL 00 58 03 18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXTENDED REPORTING PERIOD OPTION ENDORSEMENT
This endorsement modifies insurance provided under the following:
Miscellaneous Professional Liability Insurance Policy
The Extended Reporting
Period options
and the
respective
percentage
of the Net
Variable
Premium,
as stated
in Item 7.
of the
Declarations
Page that the First Named Insured
must pay
to purchase
the Extended
Reporting
Period are:
One Year
= 100%
Two Years = 150%
Three Years = 200%
Four Years = 225%
Five Years = 250%
All other terms and conditions of this policy
remain unchanged.
MPL 00 58 03 18 Page 1 of 1
MISCELLANEOUS PROFESSIONAL LIABILITY
MPL46010517
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WASHINGTON CHANGES
This endorsement modifies insurance provided under the following:
Miscellaneous Professional Liability Insurance Policy
It is agreed that:
SECTION VI — GENERAL CONDITIONS, Section F
- Subrogation and Recovery of the policy is delet-
ed in its entirety and replaced by the following:
F. Subrogation and Recovery
In the event of any payment under this policy,
the Company will be subrogated to all the In-
sured's rights of recovery therefore against any
person or organization, and the Insured will ex-
ecute and deliver instruments and papers and
do whatever else is necessary to secure such
rights. The Insured will do nothing to prejudice
such rights. The Company will have no rights of
subrogation against any Insured hereunder.
Any recoveries shall be applied as follows:
1. First, to the First Named Insured as recov-
ery of Retention amounts paid as Damages
and Claim Expense.
2. Then, to the Company up to the amount the
Company has paid for Damages and Claim
Expense.
It is also agreed SECTION VI — GENERAL
CONDITIONS — Section I - Cancellation and Non -
renewal of the policy is deleted in its entirety and
replaced by the following
I. Cancellation and Nonrenewal
1. Cancellation
a. The First Named
this policy by using
methods:
Insured may cancel
one of the following
(1) Written notice of cancellation to the
Company or producer by mail, fax or e-
mail;
(2) Surrender of the policy or binder to the
Company or producer; or
(3) Verbal notice to the Company or pro-
ducer.
Such notice of cancellation will state the ef-
fective date of cancellation or, if no effective
date is stated, the effective date of cancella-
tion shall be the date of receipt of the In-
sured's notice to cancel by the Company
The Policy Period will end on that date. If
the First Named Insured provides verbal
notice of cancellation to the Company, the
Company reserves the right to require the
First Named Insured to provide written con-
firmation of cancellation.
b. The Company may cancel this policy by
mailing or delivering to the First Named In-
sured and to any other person shown by the
policy to have an interest in any loss which
may occur thereunder, written notice stating
the specific reason for cancellation at least:
(1) Ten (10) days before the effective date
of cancellation if the Company cancels
for nonpayment of premium; or
(2) Forty-five (45) days before the effective -
date of cancellation if the Company
cancels for any other reason.
c. If this policy is canceled, the Company will
send the First Named Insured any premi-
um refund due. If the Company cancels,
MPL 46 01 05 17 Page 1 of 2
MISCELLANEOUS PROFESSIONAL LIABILITY — Washington Changes
the refund will be the pro rata unearned rates or on a change in the policy provisions, the
amount of the annual premium. If the First Company will provide the First Named In -
Named Insured cancels, the refund, if any, sured, and the agent or broker of record, twenty
will be the pro rata unearned amount of the ( 20) days advance notice providing an explana-
annual premium calculated at the customary tion of such change(s) prior to the expiration of
short rate. Return of premium to the First the policy. The notice will be mailed via certified
Named Insured is not a condition precedent mail or delivered by the First Named Insured at
to cancellation. If this policy is canceled, any the address shown in the Declarations Page of
return premium due the First Named In- this policy. If notice is mailed, proof of mailing
sured will be refunded within forty-five (45) will be sufficient proof of notice. Delivery of the
days of cancellation or as soon as possible, notice will be the same as the mailing.
if cancellation is requested by the First
Named Insured. All other terms and conditions of the Policy re-
main unchanged.
d. The Company will mail or deliver the notice
to the address stated in Item 1. on the Dec-
larations Page. Notice will also be mailed to
the agent or broker of record and to any
other person shown by this policy to have an
interest in any loss which may occur there-
under.
e. If notice of cancellation is mailed, proof of
mailing will be sufficient proof of notice. De-
livery of the notice will be the same as mail-
ing.
2. Nonrenewal
The Company may elect not to renew this policy
by mailing or delivering written notice stating the
specific reason for nonrenewal to the First
Named Insured at the address shown on the
Declarations Page of this policy. The Company
will mail or delivery the notice at least sixty ( 60)
days before the expiration of the policy. Notice
will also be mailed to the agent or broker of rec-
ord and to any other person shown by this policy
to have an interest in any loss which may occur
thereunder.
If notice of nonrenewal is mailed, proof of mail-
ing will be sufficient proof of notice. Delivery of
the notice will be the same as mailing.
SECTION VI — GENERAL CONDITIONS, Section K
- Representations, Paragraph 8. of the policy is
deleted in its entirety.
SECTION VI — GENERAL CONDITIONS of the
policy is amended to add the following:
O. Renewal With Altered Terms
If renewal of this policy will be based on an in-
crease in premium resulting from a change of
MPL 46 01 05 17 Page 2 of 2
MISCELLANEOUS PROFESSIONAL LIABILITY
MPL 99 27 08 20
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LAWYERS SPECIFIC AREAS OF PRACTICE CHANGE
ENDORSEMENT
This endorsement modifies insurance provided under the following:
Miscellaneous Professional Liability Insurance Policy
SECTION III — EXCLUSIONS, Section A, Para-
graph 20 is deleted
SECTION III — EXCLUSIONS, Section A, Para-
graph 10. Item b. is deleted
SECTION III — EXCLUSIONS, Section A of the
policy is amended to add the following:
A. The Company is not obligated to pay Dam-
ages or Claim Expense or defend Claims for or
arising directly or indirectly out of:
Any act or omission by any Insured in an
action brought by or on behalf of any other
Insured;
The performance of or failure to perform In-
sured Services:
1. for a corporation , partnership,
limited liability company, limited
partnership, or other entity;
i. of which any Insured or
any spouse or domestic
partner of an Insured is a
partner, director, officer,
member, board member,
trustee, or equivalent posi-
tion; or
ii. in which any Insured or
any spouse or domestic
partner of an insured has
an ownership interest of
more than 49%; or
2. for an estate or trust of which any
Insured or any spouse or domestic
partner of an Insured is a benefi-
ciary or distributee.
The Insured's capacity or status as a public
official, or an employee of a governmental
body, subdivision, or agency unless the In-
sured is privately retained solely to render
Insured Services to the governmental
body, subdivision or agency and the remu-
neration for the Insured Services is paid di-
rectly or indirectly to the Named Insured;
Performance of or failure to perform services
as an executor, administrator, or representa-
tive of an estate, or as a trustee of a trust.
Performance of or failure to perform services
regarding divorces of marriages
Performance of or failure to perform services
regarding real estate transactions
Performance of or failure to perform services
regarding titles to real estate property or
land.
Performance of or failure to perform services
regarding zoning laws which regard the
permitted use of specific land
Performance of or failure to perform services
regarding patents, trademarks, copyrights,
or trade secrets
Performance of or failure to perform services
regarding the issuance, sale, purchase,
trade, or transactions of securities.
SECTION V — DEFINITIONS, Section L. definition
"Individual Insured" is amended to add the follow-
ing:
Any lawyer or professional corporation who
is a former partner, officer, director, stock-
holder or shareholder or employee of the
MPL 99 27 08 20 Page 1 of 2
Named Insured or Predecessor Firm, but
only in rendering or failing to render Legal
Services on behalf of the Named Insured
or Predecessor Firm
SECTION V — DEFINITIONS, is amended to add the
following:
W. "Predecessor Firm" means any entity engaged
in Insured Services to whose financial assets
and liabilities the Named Insured is the majority
successor in interest.
X. "Securities" means a financial asset such as
equity, debt, or a derivative. "Securities" in-
cludes but is not limited to banknotes, bonds,
debentures, common stocks, preferred stocks,
forwards, futures, options, and swaps.
All other terms and conditions of this policy
remain unchanged.
MPL 99 27 08 20 Page 2 of 2
RESOLUTION NO,
A RESOLUTION of the City Council of the
city of Kent, Washington, adopting a new resolution
adopting indigent defense standards for Indigent
defense services provided to the city of Kent and
repealing Resolution No. 1843.
.RECITALS
A. The city of Kent prosecutes misdemeanor offenses that arQ
committed by adults within the Kent city limits. The misdemeanor offenses
are filed Into the Kent Municipal Court.
B. In accordance with the 6th Amendment of the United States
Constitution, and Article I, Section 22 of the Washington Constitution,
persons charged with misdemeanors who are deemed indigent are entitled
to the effective assistance of counsel at the public expense.
C. Chapter 10.101 RCW establishes a process for determining
indigency, and requires that municipalities adopt standards for the delivery
of criminal defense services to the Indigent,
D. The City currently contracts with a law firm located within the
city limits of Kent for the provision of Indigent defense services, In
addition, the City contracts with other defense attorneys to provide
1 Indigent Defense Standards
Resolution
Indigent defense services in the event there is a conflict of Interest that
prevents the main firm from representing a defendant. The City's Human
Services Division manages the indigent defense contracts.
E. The City prides itself in providing all indigent defendants with
the highest quality public defense available at a reasonable cost to the
public. In furtherance of this effort, and in accordance with Chapter 10.101
RCW, the City adopts the standards set forth in this resolution for the
delivery of public defense services.
F. These standards are Intended to be consistent with state law,
the Standards for Indigent Defense adopted by the Washington Supreme
Court, and case law interpreting the constitutionality of systems for the
provision of public defense services. In accordance with RCW 10.101.030,
the standards endorsed by the Washington State Bar Association served as
guidelines for the establishment of these standards.. These standards are
supplemented by the various contracts for public defense services entered
into by the City and various law firms and attorneys.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS;
RESOLUTION
SECTION 1, - The following standards apply to all indigent defense
attorney services provided to the city of Kent.
0-
A. Attorney. As used in these standards, the term "attorney" shall
mean an attorney under contract with the city of Kent for the provision of
indigent defense services, and shall also mean the law firm or solo practice
2 indigent Defense Standards
Resolution
for which the attorney works. These standards shall also apply to each
attorney working for a law firm under contract with the City for the
provision of indigent defense services.
B. Defendant. The term "defendant" shall mean a person who has
been charged with a misdemeanor offense in the Kent Municipal Court, and
who is represented by an attorney as the term attorney is defined in these
standards. It shall also mean any suspect who is being detained for
investigation of driving under the influence (RCW 46.61,502), driving under
twenty-one consuming alcohol or marijuana (RCW 46.61.503), or physical
control of any vehicle under the influence (RCW 46.61,504), for the
purpose of consulting with the attorney prior to deciding whether to provide
a sample of breath or blood.
Standard 1: Compensation
The City's contracts for indigent defense services shall provide for payment
at a rate competitive for like services in the state of Washington and in the
South King County area in particular.
No contract for indigent defense services shall require the attorney to pay
any compensation to another attorney in the event the attorney is
disqualified from representing a defendant due to a conflict of interest.
Standard 2: Duties and Responsibilities of Attorneys
Attorneys shall provide services to defendants in a professional, skilled
manner consistent with the Standards for Indigent Defense established by
the Washington Supreme Court, the Rules of Professional Conduct,
applicable case law and court rules defining the duties of the attorney, and
the rights of defendants. At all times during the representation of a
defendant, the attorney's primary and most fundamental responsibility
shall be to promote and protect the interests of the defendant.
3 Indigent Defense Standards
Resolution
Standard 3: Caseload Limits. Tvnes of Cases and Limitations on
The City hereby Incorporates by reference Standard 3 of the Standards for
Indigent Defense established by the Washington Supreme Court, Including
amendments through August 15, 2014. A copy of Standard 3 is attached
hereto by reference as Exhibit A.
Standard 4: Responsibility for Expert Witness Fees and Other costs
Attorneys shall be free to retain experts and investigators of the attorney's
choosing, and may apply to the court for expert witness fees pursuant to
applicable court rules. In no case should attorneys be forced to select
experts from a list pre -approved by either the court or prosecution.
Standard 5: Administrative Ex ep nses
Any contract for the provision of indigent defense services should provide
for or include administrative costs associated with providing legal
representation. These costs shall Include but are not limited to travel,
telephones, law library including electronic legal research, financial
accounting, case management systems, computers and software, office
space and supplies, training, meeting reporting requirements imposed by
the Washington Supreme Court Standards for Indigent Defense, and other
costs incurred in the day-to-day management of indigent defense services.
Attorneys shall maintain an office that accommodates confidential
meetings with defendants, and a postal address and adequate telephone
services to ensure prompt response to defendant contact.
Attorneys shall use Investigation services as appropriate.
4 Indigent Defense Standards
Resolution
Standard 7: Sumrort Services
Attorneys shall employ an adequate number of staff to ensure the effective
performance of indigent defense services. Attorneys shall have access to
interpreters and investigators, and other experts and support staff to
provide for the effective assistance of counsel.
Standard 8: Reports of Attorney Activity and Vouchers
Attorneys shall maintain a case reporting and case management
information system, and the attorneys shall provide reports to the City in a
form and at increments as agreed to by the City and the attorneys.
Attorneys shall not be required to compromise any attorney confidences
when providing these reports. Vouchers and billing shall be submitted and
paid in accordance with a contract for indigent defense services,
Standard 9: Training
Attorneys shall engage in regular training in the areas of criminal defense
law including a minimum of seven hours of continuing legal education
annually in areas relating to criminal defense. Attorneys should have the
opportunity to attend courses that foster trial advocacy skills and to review
professional publications and other media,
Standard 10: Supervision, Monitoring and Evaluation of Attorneys
Attorneys shall establish a system in which more experienced attorneys
regularly review the work of less experienced attorneys. The more
experienced attorneys shall review the case outcomes, caseloads, and any
other information deemed appropriate, and shall regularly monitor the less
experienced attorney's interactions with defendants, case preparation, and
in -court activities, Attorneys may seek input from defendants, judges and
other attorneys if,appropriate.
5 Indigent Defense Standards
Resolution
Standard 11: Substitution of Attorneys and Assignment of
Contracts
Attorneys should not subcontract with another law firm or attorney and
should remain involved In the provision of services to the defendant, The
names and experience levels of the attorneys providing services to the City
shall be provided to the City, A contract with an attorney or firm shall
address the procedures for continuing representation of defendants upon
the termination of the contract, Alternate or conflict attorneys should be
available for substitution in conflict situations at no cost to an attorney
declaring a conflict,
Standard 12: Qualifications of Attorneys
The City hereby incorporates by reference Standards 14,1, 14,2(K), and
14,4 of the Standards for Indigent Defense established by the Washington
Supreme Court, including amendments through August 15, 2014. A copy of
these standards is attached hereto by reference as Exhibit B.
Standard 13: Disnosition of Defendant Complaints
Attorneys shall establish a process for responding to complaints made by
defendants. At a minimum, all complaints shall be reviewed by one or
more senior attorneys of the law firm. Complaints that are not resolved by
the attorney shall be directed by the attorney to the City's Housing and
Human Services Division for evaluation and follow-up, or may be directed
to the Washington State Bar Association. Attorneys shall fully cooperate in
the City's investigation process.
Standard 14: Cause for Termination of Indigent Defense Services
and Removal of Attorney
Contracts with the attorney shall include grounds for termination. Such
grounds for termination may be based on good cause, which shall include,
but shall not be limited to, a failure of the attorney to provide effective
6 Indigent Defense Standards
Resolution
assistance of counsel, a disregard of the rights and interests of the
defendant, a willful disregard for these standards, or a breach of the
requirements of the contract.
Standard 1.5, Non -Discrimination
The City shall not discriminate against a law firm or attorneys for the
provision of indigent defense services on the grounds of race, color,
religion, national origin, age, marital status, gender, sexual orientation, or
disability. Attorneys shall not discriminate in the hiring of employees or
the provision of services pursuant to a contract with the City on the
grounds of race, color, religion, national origin, age, marital status, gender,
sexual orientation, or disability. Both the City and the attorneys shall
comply with all federal, state, and local non-discrimination requirements.
Standard 16: Guidelines for Awarding Defense Contracts
A contract for public defense services should be awarded only after a
reasonable determination that the attorney or firm can meet these
standards, A contract should not be awarded on the basis of cost alone,
Contracts should only be awarded to a firm where at least one attorney in
the firm has at least one year of trial experience. City attorneys,
prosecutors and law enforcement officers should not select the attorneys
who will provide indigent defense services.
SECTION 2, Resolution No. 1843 - Repealed. Upon the effective
date of this resolution, Resolution No. 1843 is repealed and will no longer
be effective for application in the city of Kent.
SECTION 3. - Savings. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
7 rndigent Defense Standards
Resolution
SECTION 4. - Ratification. Any act consistent with the authority
and prior to the effective date of this resolution is hereby ratified and
affirmed.
SECTION 5. - Corrections by Clty Clerl(. Upon approval of the City
Attorney, the City Clerk is authorized to make necessary corrections to this
resolution or its exhibit, including the correction of clerical errors;
references to other local, state or federal laws, codes, rules, or regulations;
or resolution numbering and section/subsection numbering.
SECTION 6. - Effective Date. This resolution shall take effect and
be in force Immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the
city of Kent, Washington, this _�/day of _=.uG�r 2015.
CONCURRED in by the Mayor of the city —off —Kent this 'day of
2015.
ATTEST:
XRONALD F OOR , CITY CI.E K
APPROVED AS TO FORM:
V �
TOMBRUBAKER, CITY ATTORNEY
COOKE, MAYOR
8 Indigent Defense Standards
Resolution
I hereby certify that this Is a true and correct copy of Resolution No,
passed by the City Council of the city of Kent, Washington, the
day of _� , 2015. _
//1RONALD ^0 , CITY CLE�RK
P;%C[01\A-1vUm1PubP4 uafansa Standards 2014.do<t
9 Indigent Defense Standards
Resolution
Signature: meri `HanYlson (Sep S, 202111:20 PDT)
Email: mhanson@kentwa.gov
Signature: L9-
Email: rlashley@kentwa.gov
Signature:
Juli arascondola (Sep 22, 202113:10 CDT)
Email: jparascondola@kentwa.gov
Conflict Counsel Agreement -Ross Law, PLLC
Final Audit Report 2021-09-22
Created: 2021-09-08
By: KateLynn Jennings (kjennings@kentwa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAb1J-FYkFwzmfBbD9nDxISvf383JsMX1N
"Conflict Counsel Agreement —Ross Law, PLLC" History
Document created by KateLynn Jennings (kjennings@kentwa.gov)
2021-09-08 - 6:08:27 PM GMT- IP address: 146.129.252.126
Document emailed to Merina Hanson (mhanson@kentwa.gov) for signature
2021-09-08 - 6:11:22 PM GMT
Email viewed by Merina Hanson (mhanson@kentwa.gov)
2021-09-08 - 6:20:17 PM GMT- IP address: 98.232.40.129
Document e-signed by Merina Hanson (mhanson@kentwa.gov)
Signature Date: 2021-09-08 - 6:20:49 PM GMT - Time Source: server- IP address: 98.232.40.129
Document emailed to Gyasi Ross (gyasi@ross.lawyer) for signature
2021-09-08 - 6:20:51 PM GMT
Email viewed by Gyasi Ross (gyasi@ross.lawyer)
2021-09-08 - 6:25:57 PM GMT- IP address: 66.249.84.85
3 Email viewed by Gyasi Ross (gyasi@ross.lawyer)
2021-09-20 - 4:52:35 PM GMT- IP address: 66.249.84.205
Document e-signed by Gyasi Ross (gyasi@ross.lawyer)
Signature Date: 2021-09-20 - 4:54:37 PM GMT - Time Source: server- IP address: 67.182.142.21
Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature
2021-09-20 - 4:54:44 PM GMT
Email viewed by Ronald Lashley (rlashley@kentwa.gov)
2021-09-22 - 5:43:50 PM GMT- IP address: 146.129.252.126
EY Document e-signed by Ronald Lashley (rlashley@kentwa.gov)
Signature Date: 2021-09-22 - 5:51:36 PM GMT - Time Source: server- IP address: 146.129.252.126
Adobe Sign
Document emailed to Julie Parascondola Qparascondola@kentwa.gov) for signature
2021-09-22 - 5:51:39 PM GMT
Email viewed by Julie Parascondola (jarascondola@kentwa.gov)
2021-09-22 - 6:09:29 PM GMT- IP address: 172.58.145.252
E= Document e-signed by Julie Parascondola Qparascondola@kentwa.gov)
Signature Date: 2021-09-22 - 6:10:00 PM GMT - Time Source: server- IP address: 172.58.145.252
Agreement completed.
2021-09-22 - 6:10:00 PM GMT
a Adobe Sign