# EMPLOYEE BENEFITS LIABILITY ENDORSEMENT

(c) any claim for failure of performance of contract by any insurer;

(d) any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law;

(e) any termination of employment;

(f) any failure of stock to perform as represented by you;

(g) any advice given by you to your "employees" to participate or not to participate in stock subscription plans; or

(h) any actual or alleged error or omission or breach of duty, committed or alleged to have been committed by a trustee, in the discharge of fiduciary duties, obligations or responsibilities imposed by the Federal Employee Retirement Income Security Act of 1974 or Title X of the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272) or Section 9319 of the Omnibus Budget Reconciliation Act of 1986 (Public Law 99-509) or any amendments to these Acts.

**B. For the purposes of the coverage provided by this endorsement:**

All references to Supplementary Payments – Coverages A and B are replaced by Supplementary Payments – Coverages A, B and Employee Benefits Liability

**C. WHO IS AN INSURED**

With respect to this endorsement, Section II - Who Is An Insured is modified to include employees only while authorized to act in the "administration" or your "employee benefits" programs.

**D. For the purposes of the coverage provided by this endorsement, Section III – Limits of Insurance is replaced by the following:**

### 1. Limits Of Insurance

a. The Limits of Insurance shown in the Schedule of this endorsement and the rules below, fix the most we will pay regardless of the number of:

(1) Insureds;

(2) Claims made or "suits" brought; or

(3) Persons or organizations making claims or bringing "suits."

b. The Aggregate Limit is the most we will pay for the sum of all damages because of acts, errors or omissions negligently committed in the "administration" of your "employee benefit program".

c. Subject to the Aggregate Limit, the Each Claim Limit is the most we will pay for damages arising out of any one claim or "suit."

The Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance.

### 2. Deductible

a. We will pay all sums that we become legally obligated to pay up to the Limits of Insurance under this endorsement and you must reimburse us up to the Each Claim Deductible amount. You must also reimburse us for all related payments we make under Supplementary Payments – Coverages A, B and Employee Benefits Liability.