# ENDORSEMENT NO. 21

**This endorsement, effective 12:01 AM:** May 21, 2008

**Forms a part of policy no.:** 5443148

**Issued to:** INTERNATIONAL BUSINESS MACHINES CORPORATION

**By:** NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

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**Commercial Umbrella Liability Policy with CrisisResponse®**

**Professional Liability Exclusion Endorsement**

*(With Exception for Incidental Medical Malpractice and Good Samaritan Acts)*

This policy is amended as follows:

**Section V. Exclusions** is amended to include the following additional exclusion:

**Professional Liability**

This insurance does not apply to any liability arising out of any act, error, omission, malpractice or mistake of a professional nature committed by the Insured or any person for whom the Insured is legally responsible.

It is understood this exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured.

This exclusion does not apply to liability arising out of Incidental Medical Malpractice or Good Samaritan Acts.

**Section VII. DEFINITIONS** is amended to include the following additional definition:

**Good Samaritan Acts** means those medical professional services performed by or on behalf of the Insured, without remuneration, in rendering emergency treatment at the scene of an accident or medical crisis, away from the Insured's facilities.

Incidental Medical Malpractice means injury arising out of the rendering of or failure to render the following services:

1. Medical, dental, surgical, x-ray or nursing service treatment or the furnishing of food or beverages in connection therewith, or
2. The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances.

So long as the Named Insured listed in Item 1 of the Declarations is not engaged in the business or occupation of providing any of these services, food or beverages, drugs or supplies described in 1

**NOTICE:** THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.