# Document

**POLICY NO.:** 89-06-923  
**EFF. DATE OF POL.:** 5-21-79  
**EFF. DATE OF END.:** 5-21-79  
**AGENCY NO.:** 50-515-810  
**ADD'L. PREMIUM:** $  
**RETURN PREMIUM:** $  

**Named Insured:** INTERNATIONAL BUSINESS MACHINES CORP.

This endorsement is issued by that company named below which is the insurer under the policy designated above issued to the Named Insured and forms a part of said policy as of the effective date hereof, at the hour stated in the policy Declarations.

## MALPRACTICE ENDORSEMENT

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 EXTEND TO INCLUDE THE INTEREST OF PHYSICIANS AND NURSES EMPLOYED BY THE NAMED INSURED AND PART-TIME DOCTORS, NURSES AND CONSULTANTS ON A RETAINER PRE, 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 OF OTHERS ASSUMED BY THE INSURED UNDER ANY CONTRACT OR AGREEMENT O. LIABILITY ASSUMED BY THE INSURED UNDER ANY AGREEMENT GUARANTEEING THE RESULT OF ANY TREATMENT.

**ZURICH INSURANCE COMPANY**
**AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY**

JOHNSON HIGGINS  
BJ/NV 8-16-79  
Countersigned  
U-GU-116-G REV. 11-76  
Authorized Agent

**United States Manager (Zurich)**  
**President (American Guarantees)**  
**Secretary (American Guarantees)**

MM 009595