# INCIDENTAL MEDICAL MALPRACTICE INJURY

| Named Insured | International Business Machines Corporation |
|---------------|-------------------------------------------|
| Endorsement Number | 013 |

| Policy Symbol | XEU | Policy Number | G27983212 007 | Policy Period | 05/21/2022 to 05/21/2023 | Effective Date of Endorsement | 05/21/2022 |
|---------------|-----|---------------|---------------|---------------|--------------------------|-------------------------------|--------------|
| Issued By (Name of Insurance Company) | ACE Property and Casualty Insurance Company |

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

This endorsement modifies insurance provided under the following:
**ENHANCED COMMERCIAL UMBRELLA LIABILITY POLICY**

The policy is amended as follows:

1. **Section VII. DEFINITIONS**, sub-paragraph 3.a.(1)iv. of “Insured” is deleted and replaced with the following:
   iv. arising out of his or her providing or failing to provide professional health care services, except with respect to:
   - (a) “Good Samaritan acts” or
   - (b) “Incidental medical malpractice injury” by any licensed physician, dentist, nurse or other licensed medical practitioner employed by you and acting within the scope of his or her license. The insurance provided hereunder to such persons shall not apply to liability arising out of services performed outside the scope of their duties as your “employees”. Any series of continuous, repeated or related acts or omissions by such “employees” will be treated as a single “occurrence”.

2. **Section VII. DEFINITIONS** is amended to add the following definition:
   - “Incidental medical malpractice injury” means “bodily injury” arising out of the rendering of or failure to render the following services:
     - a. Medical, surgical dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or
     - b. The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances.

3. The coverage provided by this policy for “incidental medical malpractice injury” does not apply to you or any “insured” if you are engaged in the business or occupation of providing any of the services described in the definition of “incidental medical malpractice injury.”

All other terms and conditions of this policy remain unchanged.

Authorized Representative

XSE-50741a (05/19)
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