# THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

## ENDORSEMENT #3

This endorsement, effective 12:01 A.M. 05/21/96 forms a part of Policy no. RMGL 017-90-97 issued to International Business Machines Corporation By National Union Fire Insurance Company of Pittsburgh, PA.

### MEDICAL MALPRACTICE

It is agreed that such Insurance as is afforded by this policy is extended to cover:

Injury, shock or mental anguish including death at any time resulting therefrom, sustained during the policy period by any person, whether or not engaged in the employment of the insured, and arising out of malpractice, error or mistake committed (a) in the rendering, or failing to render medical, dental, optical, surgical or nursing service or treatment or (b) the furnishing or dispersing of drugs, or medical, dental, optical or surgical supplies or appliances if the accident occurs after the insured has relinquished possession thereof to other, or (c) the rendering or failure to render services or treatment by industrial psychologists.

Such Insurance as is afforded by this endorsement shall be extended to include the interest of physicians and nurses employed by the named insured and part-time doctors, nurses and consultants on a retainer fee, hourly, or other financial arrangement basis shall be considered a Named Insured, only while acting within the scope of any employment and while performing duties in hospitals and clinics, and other locations agreed to by International Business Machines Corporation.

Such Insurance as is afforded by this endorsement shall not apply to:

(A) Injury arising out of the performance of a criminal act or caused by a person while under the influence of intoxicants or narcotics.
(B) Liability assumed by the insured under any agreement guaranteeing the result of any treatment.
(C) Any use of x-ray apparatus for therapeutic treatment.
(D) Liability of the Insured as proprietor, superintendent or executive officer of any hospital, sanitarium, clinic with bed and board facilities or business enterprises.
(E) Any obligation for which the Insured or any carrier as his insurer may be held liable under any Workmen's Compensation, Unemployment Compensation or Disability Benefits Law or under similar law.
(F) The ownership, maintenance, use, loading or unloading of any motor vehicle, trailer, semi-trailer, watercraft, or aircraft.

The exclusions of the policy do not apply to this endorsement.

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