However, this exclusion does not apply if, at the time the coverage was placed with any of the above-described entities, such entity or entities were rated by AM Best as B+ or higher, or alternatively, such entities were member insurers of the state guaranty fund or guaranty association in the state or states of domicile of the subject risk, or such entities were guaranteed by a governmental body or bodies and/or operated by a governmental body or bodies, or the coverage was placed with an insurance carrier through a state established residual market insurance program; or the coverage was placed with a County Mutual or Fraternal reinsured by carriers rated by AM Best as B+ or higher. G. INSURED VS. INSURED. CLAIMS or disputes: 1. between INSUREDS under this POLICY. However, this exclusion does not apply to such CLAIM if the WRONGFUL ACT arises out of PROFESSIONAL SERVICES or OTHER RELATED SERVICES by an INSURED rendered to such other INSURED as a client, provided the INSURED rendering such PROFESSIONAL SERVICES or OTHER RELATED SERVICES does not have an ownership interest in or does not operate, control or manage the risk to be insured; 2. by an enterprise which one or more INSUREDS has either a total of ten percent (10%) or more equity interest, or the INSUREDS operate, control or manage the enterprise. However, this exclusion does not apply to such CLAIM if the WRONGFUL ACT arises out of PROFESSIONAL SERVICES or OTHER RELATED SERVICES by an INSURED rendered to such other INSURED as a client, provided the INSURED rendering such PROFESSIONAL SERVICES or OTHER RELATED SERVICES does not have an ownership interest in the risk to be insured or does not operate, control or manage; or 3. by an enterprise which has a ten percent (10%) or more equity interest in an INSURED. However, this exclusion does not apply if such enterprise to whom PROFESSIONAL SERVICES or OTHER RELATED SERVICES were rendered, did not influence the INSURED or intervene in the rendering of such services. H. INTENTIONAL ACTS. Any CLAIM for intentional acts, including but not limited to, acts of dishonesty, fraud, criminal conduct, malice, or assault and battery, or intentional BREACH of PERSONAL DATA by any INSURED. CLAIM EXPENSES are recoverable by us against those INSUREDS who, by final judgment, order, or determination in a SUIT are found to have committed such intentional acts. CLAIM EXPENSES are also recoverable by us against those INSUREDS who, by their written or oral admission, committed such intentional acts. However, this exclusion does not apply to those INSUREDS who do not personally participate in or ratify the acts identified above and who notify us once such act has been discovered. I. LICENSURE. Any actual or alleged WRONGFUL ACT arising from the rendering of PROFESSIONAL SERVICES or OTHER RELATED SERVICES for which a license is required and committed while the INSURED'S license was suspended or revoked. However, this exclusion shall not apply if the only reason for such licensure not being in effect was due to an administrative or clerical error. J. MARKET VALUES. The INSURED'S promises or guarantees as to the effect of market fluctuations, interest rates, or dividends, with respect to future premium payments or market values. K. NAMED FIDUCIARY. Your status as a Named Fiduciary. L. PERSONAL PROFIT OR PROPRIETARY INFORMATION. 1. Any INSURED having gained, in fact, any personal profit or advantage to which he or she was not legally entitled; or 2. any INSURED's misappropriation or unauthorized use of trade secrets or other proprietary information. M. THIRD-PARTY ADMINISTRATOR. Third-party administrator activities, whether the INSURED performs such activities for a fee or no fee. SP 4 584 1215 Copyright ©2015 Westport Insurance Corporation. All rights reserved. Page 10 of 15 Insured Copy
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