SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY

Transcription

1 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Filing Company: Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) The Cincinnati Insurance Company Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, Filing at a Glance Company: Product Name: State: TOI: Sub-TOI: Filing Type: Date Submitted: SERFF Tr Num: SERFF Status: State Tr Num: State Status: Co Tr Num: The Cincinnati Insurance Company MANAGEMENT LIABLITY (PILLAR - EPLI) New York 05.0 CMP Liability and Non-Liability CMP Sub-TOI Combinations Form/Rate/Rule 08/31/2017 CNNA Closed-Approved R Closed C-ML NY Effective Date Requested (New): Effective Date Requested (Renewal): Author(s): Reviewer(s): Disposition Date: Disposition Status: Effective Date (New): Effective Date (Renewal): 05/01/ /01/2018 Debbie Kuhlmann, Denise Kovac Anastasiya Savenkova (primary), Ian Martin 12/06/2017 Approved 05/01/ /01/2018 This filing was provided as part of The New York Insurance ADVISOR or call PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

2 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, General Information Project Name: Project Number: B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, Reference Organization: Reference Title: Filing Status Changed: 12/06/2017 State Status Changed: 12/06/2017 Created By: Denise Kovac Corresponding Filing Tracking Number: Filing Description: Status of Filing in Domicile: Pending Domicile Status Comments: Reference Number: Advisory Org. Circular: Deemer Date: Submitted By: Denise Kovac At this time, we wish to file rules, rates and forms per the attached memorandums. Please note, this is a resubmission of previously disapproved state tracking #'s: R , R and R In this current version, rather than addressing all Lines of our proposed Pillar Program at once (as was done in the prior disapproved filings), we are breaking down into segments. This first segment (submission) is for Employment Practices Liability Coverage. Future segments of our Pillar Program will be sent in separate submissions. Final copies are attached for your review. Your approval is respectfully requested for use on policies effective on or after May 1, Company and Contact Filing Contact Information Denise Kovac, AINS, AIS, Filings Analyst III denise_kovac@cinfin.com PO Box Cincinnati, OH [Phone] [FAX] Filing Company Information The Cincinnati Insurance Company 6200 S. Gilmore Road Fairfield, OH (513) ext. [Phone] CoCode: Group Code: 244 Group Name: Cincinnati Fin Grp FEIN Number: State of Domicile: Ohio Company Type: State ID Number: Filing Fees Fee Required? Retaliatory? Fee Explanation: State Specific No No Speed-To-Market Field: enter code "98" for Speed-To-Market filings. Enter "0" for N/A.: 0 Terrorism Exclusion Field: enter code "46-01" for filings which includes forms, rates or rules for the Terrorism Exclusion. Enter "0" for N/A.: 0 Mold (Fungi, Bacteria, Virus) Exclusion Field: enter code "46-02" for filings which includes forms, rates or rules for the Mold Exclusion. Enter "0" for N/A.: 0 PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

3 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, On the Rate/Rule Schedule Tab, the "Add Rate Data" button must be changed to "yes" for all rating rules and rate filings in order for the appropriate fields to be completed. Please enter "Yes" for filings with the rate data fields completed and "No" for all other filings.: Yes PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

4 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, Correspondence Summary Dispositions Status Created By Created On Date Submitted Approved Anastasiya Savenkova 11/30/ /06/2017 Objection Letters and Response Letters Objection Letters Response Letters Status Created By Created On Date Submitted Responded By Created On Date Submitted Pending Anastasiya 11/20/ /20/2017 Denise Kovac 11/27/ /27/2017 Savenkova Pending Anastasiya 11/06/ /06/2017 Denise Kovac 11/10/ /10/2017 Savenkova Pending Anastasiya Savenkova 09/28/ /28/2017 Denise Kovac 10/10/ /11/2017 PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

5 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, Disposition Disposition Date: 12/06/2017 Effective Date (New): 05/01/2018 Effective Date (Renewal): 05/01/2018 Status: Approved Comment: Dear Denise Kovac, AINS, AIS, This will have reference to your filing submission dated August 31, Forms included in this filing are approved in accordance with Section 2307 of the New York Insurance Law, effective May 1, 2018, as requested. Rates and rules are acknowledged in accordance with Article 23 of the New York Insurance Law, effective May 1, 2018, as requested. Very truly yours, Maria T. Vullo Superintendent By: Anastasiya Savenkova Associate Insurance Examiner (212) Anastasiya.Savenkova@dfs.ny.gov Rate data does NOT apply to filing. Schedule Schedule Item Schedule Item Status Public Access Supporting Document (revised) Explanatory Memorandum Yes Supporting Document Explanatory Memorandum Yes Supporting Document Commercial Multi-Peril Insurance Review Standards Yes Checklist Supporting Document Side-By-Side Comparisons Yes PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

6 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, Schedule Schedule Item Schedule Item Status Public Access Supporting Document Rates and/or Rating Plans Yes Supporting Document Commercial Lines Cancellation & Nonrenewal Form Filing Yes Compliance Questionnaire (NYIL 3426) Supporting Document Minimum Premium/Return Premium and Minimum Earned Yes Premium Rules Supporting Document Audit Provisions/premium Audit Rules Yes Supporting Document Renewal Discounts - General Liability and Professional Yes Liability Supporting Document Highly Protected Risks Yes Supporting Document Hurricane Deductible Yes Supporting Document Aircraft policies- rating Yes Supporting Document Items on manual pages which appear in blue font, are Yes highlighted, and/or have scissors... Supporting Document Department Concerns and Our Responses Yes Supporting Document Additional Checklists/Questionnaires Yes Form (revised) GENERAL PROVISIONS APPLICABLE TO ALL Yes LIABILITY COVERAGE PARTS - NEW YORK Form GENERAL PROVISIONS APPLICABLE TO ALL Yes LIABILITY COVERAGE PARTS - NEW YORK Form (revised) EMPLOYMENT PRACTICES LIABILITY COVERAGE - Yes NEW YORK Form EMPLOYMENT PRACTICES LIABILITY COVERAGE - Yes NEW YORK Form (revised) WORKPLACE VIOLENCE EXPENSE COVERAGE Yes ENDORSEMENT - NEW YORK Form WORKPLACE VIOLENCE EXPENSE COVERAGE Yes ENDORSEMENT Form SPECIFIC CLAIMANT EXCLUSION Yes Form SPECIFIC INCIDENT EXCLUSION Yes Form SPECIFIC PERSON EXCLUSION Yes Form SPECIFIC SUBSIDIARY EXCLUSION Yes Form DOWNSIZING EXCLUSION Yes Form LABOR DISPUTE EXCLUSION Yes Form POLYGRAPH PROTECTION ACT OF 1988 EXCLUSION Yes Form PSYCHOLOGICAL AND PERSONALITY TESTING Yes PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

7 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, Schedule Schedule Item Schedule Item Status Public Access EXCLUSION Form EXCLUSION OF CERTIFIED ACTS OF TERRORISM - Yes NEW YORK Form THIRD PARTY LIABILITY ASSAULT EXCLUSION Yes Form SUMMARY OF PREMIUMS CHARGED Yes Form SUMMARY OF PREMIUMS CHARGED Yes Form OPTIONAL EXTENDED REPORTING PERIOD Yes ENDORSEMENT Form ADDITIONAL NAMED INSURED ENDORSEMENT Yes Form ATTACHMENT ENDORSEMENT Yes Form COVERAGE TERRITORY AMENDATORY Yes ENDORSEMENT Form COVERAGE TERRITORY VENUE LIMITATION Yes ENDORSEMENT Form NEW SUBSIDIARIES COVERAGE AMENDATORY Yes Form SPECIFIC ENTITY PRIOR ACTS AMENDATORY Yes ENDORSEMENT Form REPRESENTATION STATEMENT Yes Form CAP ON LOSSES FROM CERTIFIED ACTS OF Yes TERRORISM - NEW YORK Form PILLAR POLICY REINSTATEMENT Yes Form GENERAL CHANGE ENDORSEMENT Yes Form DEFENSE OUTSIDE LIMITS - EMPLOYMENT Yes PRACTICES LIABILITY COVERAGE NEW YORK Form NEW YORK CHANGES - CANCELLATION AND Yes NONRENEWAL Form ADDITIONAL INSURED ENDORSEMENT Yes Form SPECIFIC CLAIMANT DEDUCTIBLE AMENDATORY Yes ENDORSEMENT Form SPECIFIC JURISDICTION DEDUCTIBLE Yes AMENDATORY ENDORSEMENT Form THIRD PARTY LIABILITY CLAIMS-MADE DATES Yes AMENDATORY ENDORSEMENT Form PILLAR COMMON POLICY DECLARATIONS Yes Form EMPLOYMENT PRACTICES LIABILITY COVERAGE Yes PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

8 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, Schedule Schedule Item Schedule Item Status Public Access PART DECLARATIONS - NEW YORK Rate (revised) RULE Yes Rate RULE Yes Rate RULE Yes Rate RULE Yes PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

9 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, Objection Letter Objection Letter Status Pending Objection Letter Date 11/20/2017 Submitted Date 11/20/2017 Respond By Date 11/28/2017 Dear Denise Kovac, AINS, AIS, Introduction: This will have reference to your filing submission dated August 31, Based on the additional discussion with our actuary, we have the following comments: With respect to the individual rating modifications, it appears that the proposed factors are fairly steep and it is suggested that they are tempered to 0.90 for the lowest and 1.10 for the highest, otherwise if the company wishes to use the proposed factors, then these factors need to be supported with solid actuarial data. We await your prompt reply. In the meantime, the captioned filing is not approved for use in New York State. Pursuant to the Department s 2nd Supplement to Circular Letter No. 11(1998) dated December 20, 1999, a substantive reply must be submitted within 7 days. If such response is not received, this file will be considered withdrawn and closed accordingly. Thereafter, to request further review of the subject matter of this filing, a new filing will be required, in accordance with the provisions of Department Circular Letter No. 5 (2009) and SERFF filing submission guidelines, addressing the issue(s) discussed above and/or included in any previous Objection Letter(s) and/or Note(s) To Filer. Very truly yours, Anastasiya Savenkova Associate Insurance Examiner (212) Anastasiya.Savenkova@dfs.ny.gov Conclusion: Sincerely, Anastasiya Savenkova PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

10 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, Objection Letter Objection Letter Status Pending Objection Letter Date 11/06/2017 Submitted Date 11/06/2017 Respond By Date 11/13/2017 Dear Denise Kovac, AINS, AIS, Introduction: This will have reference to your filing submission dated August 31, Please note the following issues that were noted during actuarial review of the proposed rating structure: With respect to item 9 on pages 9.4 and 9.5 and the schedule rating plan of pages 9.5 and 9.6: since the rating modifications factors on pages 9.4 and 9.5 are high factors and are describing modifications that would typically be included in the schedule rating plan and are applied in addition to the schedule rating plan, such rating method is not acceptable as it circumvents the requirements of the Regulation 129 with respect to schedule rating plans and allows for modifications that are higher than +/- 10% applicable to each criterion and +/ - 15 % in aggregate, pursuant to Section 161.8(h) of Reg. 129). Please revise the pages noted above so that it complies with the Department Regulation 129. Conclusion: We await your prompt reply. In the meantime, the captioned filing is not approved for use in New York State. Pursuant to the Department s 2nd Supplement to Circular Letter No. 11(1998) dated December 20, 1999, a substantive reply must be submitted within 7 days. If such response is not received, this file will be considered withdrawn and closed accordingly. Thereafter, to request further review of the subject matter of this filing, a new filing will be required, in accordance with the provisions of Department Circular Letter No. 5 (2009) and SERFF filing submission guidelines, addressing the issue(s) discussed above and/or included in any previous Objection Letter(s) and/or Note(s) To Filer. Sincerely, Anastasiya Savenkova Associate Insurance Examiner (212) Anastasiya.Savenkova@dfs.ny.gov Sincerely, Anastasiya Savenkova PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

11 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, Objection Letter Objection Letter Status Pending Objection Letter Date 09/28/2017 Submitted Date 09/28/2017 Respond By Date 10/13/2017 Dear Denise Kovac, AINS, AIS, Introduction: This will have reference to your filing submission dated August 31, Please address the following issues: Objection 1 - GENERAL PROVISIONS APPLICABLE TO ALL LIABILITY COVERAGE PARTS - NEW YORK, ML 101 NY, (Form) Comments: 1) Page 1 Section I item E and Page 7 Section XI we note that the policy refers to the term "Domestic Partner" - New York State's current legal environment does not recognize civil unions and domestic partners to have equivalent status as family members; therefore, these terms should be deleted from this form. In accordance with Circular Letter No. 27 (2008), which requires insurers to recognize the marriages of same-sex couples legally performed in other jurisdictions, your policy may be amended to add a definition of spouse which includes same-sex couples legally married in other jurisdictions. 2) Page 12 Section XXIV Parent Company Franchisor Extension - since this provision extends defense only coverage it is not clear how it complies with the Department Regulation 162 Section which allows such coverage only for instances that are not permitted to be covered by insurance. The proposed provision appears to apply to any claim. Objection 2 - EMPLOYMENT PRACTICES LIABILITY COVERAGE - NEW YORK, ML 112 NY, (Form) Comments: 1) Page 5 item M 6 - this provision appears to give back coverage for a type if liquidated damages. Please be advised that coverage for any liquidated coverage is not permitted on a New York issued policy. 2) Page 7 items A 2 and A 3 - please be advised that according to Section (d) of the Department Regulation 162 legal service coverage shall be written on "pay on behalf basis". Please revise. Objection 3 - DEFENSE OUTSIDE LIMITS - EMPLOYMENT PRACTICES LIABILITY COVERAGE NEW YORK, ML 4063 NY, (Form) Comments: Paragraph B of this form is still stating that the defense costs will be applied against the deductible. Is this the company's intent to have the defense costs to be paid in addition to the limits but defense costs still applying against the deductible? Please confirm or explain. Objection 4 - WORKPLACE VIOLENCE EXPENSE COVERAGE ENDORSEMENT, ML 205, (Form) Comments: Please be advised that business interruption expenses and other expenses associated with workplace violence event that are contained in this form have been previously considered by the Department to be first party expenses and thus these expenses may not reduce the limit of liability, especially since this coverage is written on a defense within limits basis and there is a minimum threshold limits requirements under the Department Regulation 107 Section Therefore, it appears that this coverage may only be written in addition to the liability limit or as a separate coverage associated with first party coverage form. Objection 5 PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

12 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, Comments: With respect to the JDG exhibit submitted in support for the proposed rates, the exhibit provided is very general and does not justify how the rates were derived. The examiner will refer the proposed rating to our actuary and any questions they may have will be forthcoming. Conclusion: We await your prompt reply. In the meantime, the captioned filing is not approved for use in New York State. Pursuant to the Department s 2nd Supplement to Circular Letter No. 11(1998) dated December 20, 1999, a substantive reply must be submitted within 15 days. If such response is not received, this file will be considered withdrawn and closed accordingly. Thereafter, to request further review of the subject matter of this filing, a new filing will be required, in accordance with the provisions of Department Circular Letter No. 5 (2009) and SERFF filing submission guidelines, addressing the issue(s) discussed above and/or included in any previous Objection Letter(s) and/or Note(s) To Filer. Sincerely, Anastasiya Savenkova Associate Insurance Examiner (212) Anastasiya.Savenkova@dfs.ny.gov Sincerely, Anastasiya Savenkova PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

13 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, Response Letter Response Letter Status Submitted to State Response Letter Date 11/27/2017 Submitted Date 11/27/2017 Dear Anastasiya Savenkova, Introduction: In response to your 11/20/2017 objection: Response 1 Comments: We have revised the individual risk modification factors to be within the recommended range. Please see updated attached manual pages, specifically pages CML-9.4 and CML-9.5. Changed Items: No Supporting Documents changed. No Form Schedule items changed. Rate Schedule Item Changes Item Previous State Filing No. Exhibit Name Rule # or Page # Rate Action Number Date Submitted 1 RULE CML-1.1 thru CML-20.1, New 11/27/2017 CML-STATE-1.1 thru CML- By: Denise Kovac STATE-5.1 Previous Version 1 RULE CML-1.1 thru CML-20.1, CML-STATE-1.1 thru CML- STATE-5.1 Previous Version 1 RULE CML-1.1 thru CML-20.1, CML-STATE-1.1 thru CML- STATE-5.1 Previous Version 1 RULE CML-1.1 thru CML-20.1, CML-STATE-1.1 thru CML- STATE-5.1 New 11/10/2017 By: Denise Kovac New 10/11/2017 By: Denise Kovac New 08/31/2017 By: Denise Kovac PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

14 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, Conclusion: Thank you for your consideration. Sincerely, Denise Kovac PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

15 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, Response Letter Response Letter Status Submitted to State Response Letter Date 11/10/2017 Submitted Date 11/10/2017 Dear Anastasiya Savenkova, Introduction: In response to your 11/6/2017 objection: Response 1 Comments: We have revised as follows: Page CML Under (1) Employment Policies and Procedures, the first sentence, "Human Resources practices and procedures..." has been removed from all criterion in the table. - Item (2) has been revised from Employee Termination History, to instead reflect 'Management Quality'. Page CML Item 4. Schedule Factors table has been revised to replace Human Resources Management, with 'Complexity of Risk'. Changed Items: No Supporting Documents changed. No Form Schedule items changed. PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

16 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: Product Name: Rate Schedule Item Changes Item Previous State Filing No. Exhibit Name Rule # or Page # Rate Action Number Date Submitted 1 RULE CML-1.1 thru CML-20.1, New 11/10/2017 CML-STATE-1.1 thru CML- By: Denise Kovac STATE-5.1 Previous Version 1 RULE CML-1.1 thru CML-20.1, CML-STATE-1.1 thru CML- STATE-5.1 Previous Version 1 RULE CML-1.1 thru CML-20.1, Conclusion: Thank you for your consideration. Sincerely, Denise Kovac 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, CML-STATE-1.1 thru CML- STATE-5.1 New 10/11/2017 By: Denise Kovac New 08/31/2017 By: Denise Kovac PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

17 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, Response Letter Response Letter Status Submitted to State Response Letter Date 10/10/2017 Submitted Date 10/11/2017 Dear Anastasiya Savenkova, Introduction: In response to your 9/28/17 objection: Response 1 Comments: 1) The domestic partner definition and all mentions of domestic partner have been deleted. The following sentence has been added at the end of Section XI SPOUSE AND LEGAL REPRESENTATION EXTENSON: The term spouse includes same-sex couples legally married in jurisdictions other than New York. 2) Section XXIV - Parent Company Franchisor Extension has been deleted. Related Objection 1 Applies To: - GENERAL PROVISIONS APPLICABLE TO ALL LIABILITY COVERAGE PARTS - NEW YORK, ML 101 NY, (Form) Comments: 1) Page 1 Section I item E and Page 7 Section XI we note that the policy refers to the term "Domestic Partner" - New York State's current legal environment does not recognize civil unions and domestic partners to have equivalent status as family members; therefore, these terms should be deleted from this form. In accordance with Circular Letter No. 27 (2008), which requires insurers to recognize the marriages of same-sex couples legally performed in other jurisdictions, your policy may be amended to add a definition of spouse which includes same-sex couples legally married in other jurisdictions. 2) Page 12 Section XXIV Parent Company Franchisor Extension - since this provision extends defense only coverage it is not clear how it complies with the Department Regulation 162 Section which allows such coverage only for instances that are not permitted to be covered by insurance. The proposed provision appears to apply to any claim. Changed Items: No Supporting Documents changed. PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

18 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: Product Name: Form Schedule Item Changes Item No. Form Name 1 GENERAL PROVISIONS APPLICABLE TO ALL LIABILITY COVERAGE PARTS - NEW YORK Previous Version 1 GENERAL PROVISIONS APPLICABLE TO ALL LIABILITY COVERAGE PARTS - NEW YORK Form Number No Rate/Rule Schedule items changed. Response 2 Comments: Edition Date Form Type Form Action Action Specific Readability Score Attachments Submitted Data ML 101 NY PCF New ML101NY 0118.pdf ML 101 NY PCF New ML101NY 0118.pdf 1) The exception for liquidated damages awarded under the Age Discrimination in Employment Act or the Equal Pay Act has been deleted. 2) The term reimburse has been replaced with pay on behalf of. Related Objection 2 Applies To: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, EMPLOYMENT PRACTICES LIABILITY COVERAGE - NEW YORK, ML 112 NY, (Form) Date Submitted: 10/11/2017 By: Denise Kovac Date Submitted: 08/31/2017 By: Denise Kovac Comments: 1) Page 5 item M 6 - this provision appears to give back coverage for a type if liquidated damages. Please be advised that coverage for any liquidated coverage is not permitted on a New York issued policy. 2) Page 7 items A 2 and A 3 - please be advised that according to Section (d) of the Department Regulation 162 legal service coverage shall be written on "pay on behalf basis". Please revise. PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

19 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, Changed Items: No Supporting Documents changed. Form Schedule Item Changes Item No. Form Name 1 EMPLOYMENT PRACTICES LIABILITY COVERAGE - NEW YORK Form Number Edition Date Form Type Form Action Action Specific Readability Score Attachments Submitted Data ML 112 NY PCF New ML112NY 0118.pdf Previous Version 1 EMPLOYMENT ML 112 NY PCF New ML112NY PRACTICES LIABILITY COVERAGE - NEW YORK 0118.pdf No Rate/Rule Schedule items changed. Response 3 Comments: Date Submitted: 10/11/2017 By: Denise Kovac Date Submitted: 08/31/2017 By: Denise Kovac We would like to confirm that yes, it is the company's intent to have the defense costs be paid in addition to the limits but defense costs still applying against the deductible. Related Objection 3 Applies To: - DEFENSE OUTSIDE LIMITS - EMPLOYMENT PRACTICES LIABILITY COVERAGE NEW YORK, ML 4063 NY, (Form) Comments: Paragraph B of this form is still stating that the defense costs will be applied against the deductible. Is this the company's intent to have the defense costs to be paid in addition to the limits but defense costs still applying against the deductible? Please confirm or explain. Changed Items: No Supporting Documents changed. No Form Schedule items changed. PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

20 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, No Rate/Rule Schedule items changed. Response 4 Comments: We are replacing this form with a NY version: ML 205 NY The part of and not in addition to option has been deleted from the form and rule on manual page CML-9.7. A separate limit will apply. ***A revised forms memo has been attached, which now identifies the state specific form ML 205 NY. Also, a typo was corrected on the memo for form ML 101 NY to reflect the true edition date of (previously showed as 01 16). Related Objection 4 Applies To: - WORKPLACE VIOLENCE EXPENSE COVERAGE ENDORSEMENT, ML 205, (Form) Comments: Please be advised that business interruption expenses and other expenses associated with workplace violence event that are contained in this form have been previously considered by the Department to be first party expenses and thus these expenses may not reduce the limit of liability, especially since this coverage is written on a defense within limits basis and there is a minimum threshold limits requirements under the Department Regulation 107 Section Therefore, it appears that this coverage may only be written in addition to the liability limit or as a separate coverage associated with first party coverage form. Changed Items: Supporting Document Schedule Item Changes Satisfied - Item: Explanatory Memorandum Comments: Attachment(s): FSMEMO1 (RULES).pdf MEMOF (FORMS).pdf Previous Version Satisfied - Item: Explanatory Memorandum Comments: Attachment(s): FSMEMO1 (RULES).pdf MEMOF (FORMS).pdf PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

21 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: Product Name: Form Schedule Item Changes Item No. Form Name Form Number Edition Date Form Type Form Action Action Specific Readability Score Attachments Submitted Data 1 WORKPLACE ML 205 NY END New ML205NY VIOLENCE 0118.pdf EXPENSE COVERAGE ENDORSEMEN T - NEW YORK Previous Version 1 WORKPLACE ML END New ML205 VIOLENCE 0118.pdf EXPENSE COVERAGE ENDORSEMEN T Rate Schedule Item Changes Item Previous State Filing No. Exhibit Name Rule # or Page # Rate Action Number Date Submitted 1 RULE CML-1.1 thru CML-20.1, New 10/11/2017 CML-STATE-1.1 thru CML- By: Denise Kovac STATE-5.1 Previous Version 1 RULE CML-1.1 thru CML-20.1, Response 5 Comments: CML-STATE-1.1 thru CML- STATE-5.1 We will await further feedback and address any questions that arise upon the actuarial review. Thanks. Related Objection 5 New 08/31/2017 By: Denise Kovac Date Submitted: 10/11/2017 By: Denise Kovac Date Submitted: 08/31/2017 By: Denise Kovac Comments: With respect to the JDG exhibit submitted in support for the proposed rates, the exhibit provided is very general and does not justify how the rates were derived. The examiner will refer the proposed rating to our actuary and any questions they may have will be forthcoming. Changed Items: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

22 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, No Supporting Documents changed. No Form Schedule items changed. No Rate/Rule Schedule items changed. Conclusion: Thank you for your consideration. Sincerely, Denise Kovac PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

23 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, Form Schedule Item Schedule Item Form Form Edition Form No. Status Name Number Date Type Action Data Score Attachments 1 GENERAL PROVISIONS ML 101 NY PCF New ML101NY APPLICABLE TO ALL 0118.pdf LIABILITY COVERAGE PARTS - NEW YORK 2 EMPLOYMENT ML 112 NY PCF New ML112NY PRACTICES LIABILITY 0118.pdf COVERAGE - NEW YORK 3 WORKPLACE VIOLENCE ML 205 NY END New ML205NY EXPENSE COVERAGE 0118.pdf ENDORSEMENT - NEW YORK 4 SPECIFIC CLAIMANT ML END New ML pdf EXCLUSION 5 SPECIFIC INCIDENT ML END New ML pdf EXCLUSION 6 SPECIFIC PERSON ML END New ML pdf EXCLUSION 7 SPECIFIC SUBSIDIARY ML END New ML pdf EXCLUSION 8 DOWNSIZING ML END New ML pdf EXCLUSION 9 LABOR DISPUTE ML END New ML pdf EXCLUSION 10 POLYGRAPH ML END New ML pdf PROTECTION ACT OF 1988 EXCLUSION 11 PSYCHOLOGICAL AND ML END New ML pdf PERSONALITY TESTING EXCLUSION 12 EXCLUSION OF CERTIFIED ACTS OF TERRORISM - NEW YORK 13 THIRD PARTY LIABILITY ASSAULT EXCLUSION Form Action Specific Readability ML 338 NY END New ML338NY 0116.pdf ML END New ML pdf PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

24 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, Item Schedule Item Form Form Edition Form No. Status Name Number Date Type Action Data Score Attachments 14 SUMMARY OF ML OTH New ML pdf PREMIUMS CHARGED 15 SUMMARY OF ML 400 A OTH New ML400A 0116.pdf PREMIUMS CHARGED 16 OPTIONAL EXTENDED ML END New ML pdf REPORTING PERIOD ENDORSEMENT 17 ADDITIONAL NAMED ML END New ML pdf INSURED ENDORSEMENT 18 ATTACHMENT ML END New ML pdf ENDORSEMENT 19 COVERAGE TERRITORY ML END New ML pdf AMENDATORY ENDORSEMENT 20 COVERAGE TERRITORY ML END New ML pdf VENUE LIMITATION ENDORSEMENT 21 NEW SUBSIDIARIES ML END New ML pdf COVERAGE AMENDATORY 22 SPECIFIC ENTITY PRIOR ML END New ML pdf ACTS AMENDATORY ENDORSEMENT 23 REPRESENTATION ML OTH New ML pdf STATEMENT 24 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM - NEW YORK 25 PILLAR POLICY REINSTATEMENT 26 GENERAL CHANGE ENDORSEMENT Form Action Specific Readability ML 458 NY END New ML458NY 0116.pdf ML OTH New ML pdf ML 460 A END New ML460A 0116.pdf PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

25 SERFF Tracking #: CNNA State Tracking #: R Company Tracking #: C-ML NY State: New York Filing Company: The Cincinnati Insurance Company TOI/Sub-TOI: 05.0 CMP Liability and Non-Liability/ CMP Sub-TOI Combinations Product Name: MANAGEMENT LIABLITY (PILLAR - EPLI) Project Name/Number: /B_EBC_22445, 23582, 22448, 24826, 25544, B_ML_28183, 28182, Item Schedule Item Form No. Status Name 27 DEFENSE OUTSIDE LIMITS - EMPLOYMENT PRACTICES LIABILITY COVERAGE NEW YORK 28 NEW YORK CHANGES - CANCELLATION AND NONRENEWAL 29 ADDITIONAL INSURED ENDORSEMENT 30 SPECIFIC CLAIMANT DEDUCTIBLE AMENDATORY ENDORSEMENT 31 SPECIFIC JURISDICTION DEDUCTIBLE AMENDATORY ENDORSEMENT 32 THIRD PARTY LIABILITY CLAIMS-MADE DATES AMENDATORY ENDORSEMENT 33 PILLAR COMMON POLICY DECLARATIONS 34 EMPLOYMENT PRACTICES LIABILITY COVERAGE PART DECLARATIONS - NEW YORK Form Number ML 4063 NY ML 4139 NY Edition Form Form Action Specific Readability Date Type Action Data Score Attachments PCF New ML4063NY 1216.pdf CNR New ML4139NY 1216.pdf ML END New ML pdf ML END New ML pdf ML END New ML pdf ML END New ML pdf ML DEC New ML pdf ML 512 NY DEC New ML512NY 0116.pdf Form Type Legend: ABE Application/Binder/Enrollment ADV Advertising BND Bond CER Certificate CNR Canc/NonRen Notice DEC Declarations/Schedule DSC Disclosure/Notice END Endorsement/Amendment/Conditions ERS Election/Rejection/Supplemental Applications OTH Other PDF Pipeline for SERFF Tracking Number CNNA Generated 12/06/ :59 AM

26 GENERAL PROVISIONS APPLICABLE TO ALL LIABILITY COVERAGE PARTS - NEW YORK These General Provisions apply only to those Coverage Parts which include a liability coverage, which shall include all Coverage Parts other than Crime Coverage. Furthermore, any reference to the "policy" in these General Provisions refers to all Coverage Parts other than Crime Coverage. Throughout this policy, the words "we", "us" and "our" refer to the Company providing this insurance. In consideration of the payment of the premium, in reliance on all statements in the application and all other information provided to us and subject to all the provisions of this policy, including the Declarations, we and the insureds agree as set forth below. SECTION I - DEFINITIONS Where set forth in bold type in this policy, whether in singular or in plural, the following terms shall have the meanings indicated. A. Application means: 1. The Application Form for this policy; 2. Any materials submitted with the Application Form which shall be maintained on file with us and shall be deemed to be attached hereto as if physically attached; 3. Any representation provided to us within the last three years in connection with any policy of which this policy is a renewal or replacement. B. Claim has the meaning set forth in the applicable coverage part. C. Debtor in possession means a "debtor in possession" as that term is defined in Title 11 of the United States Code, as amended. D. Defense costs has the meaning set forth in the applicable coverage part. E. Executive has the meaning set forth in the applicable coverage part. F. Extended reporting period means the periods of time described in Section XIX of the General Provisions. G. Insured persons has the meaning set forth in the applicable coverage part. H. Insured has the meaning set forth in the applicable coverage part. I. Interrelated means all events or incidents which have as a common nexus any: 1. Fact, circumstance, situation, event, transaction, or cause; or 2. Series of causally connected facts, circumstances, situations, events, transactions or causes. J. Loss has the meaning set forth in the applicable coverage part. K. Named insured means the entity or entities shown in the applicable Declarations as a Named Insured and any such entity in its capacity as a debtor in possession. L. Organization has the meaning set forth in the applicable coverage part. M. Personal injury has the meaning set forth in the applicable coverage part. N. Policy period means the period from the inception date to the expiration date as set forth in the Declarations, or to the earlier date of termination of coverage of the applicable Coverage Part. O. Policy year means the period within the policy period from the inception date as set forth in the Declarations to the succeeding anniversary date exactly 1 year later at 12:01 AM standard time, and policy year means any subsequent annual period between anniversary dates at 12:01 AM standard time thereafter. In the event of a policy period less than 1 year, the policy year will be the same as the policy period. ML 101 NY Page 1 of 12

27 In the event of an odd term policy period longer than 1 year, the policy year is the period from the inception date to the next chronological date which precedes the expiration date by exactly 1 or more years at 12:01 AM standard time. If there are subsequent annual periods remaining in the policy period after that date at 12:01 AM standard time, such annual periods will each be a policy year. However, if after the issuance of this Coverage Part, any policy year is extended for an additional period of less than 12 months, that additional period of time will be deemed to be part of the last preceding policy year. The aggregate limit and any coverage limit of the expiring policy shall be increased in proportion to the policy extension. P. Pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Pollutants does not mean noise. Q. Subsidiary means any entity in which the named insured owns, directly or indirectly, more than 50% of the outstanding securities or voting rights representing the present right to vote for election of directors, trustees, managers (if a limited liability company) or equivalent positions and any such entity in its capacity as a debtor in possession. R. Termination of coverage means, whether made by the insurer or the insured at any time: 1. Cancellation or nonrenewal of this policy; or 2. Decrease in limits, reduction of coverage, increased deductible or self-insured retention, new exclusion, or any other change in coverage less favorable to the insured. S. Wrongful act has the meaning set forth in the applicable coverage part. SECTION II - EXCLUSIONS A. Nuclear This insurance does not apply: 1. Under any Liability Coverage, to loss or claims: a. With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or b. Resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. 2. Under any Liability Coverage, to loss or claims resulting from hazardous properties of nuclear material, if: a. The nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (2) has been discharged or dispersed therefrom; b. The nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an insured; or c. The loss or claim arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this Exclusion c. applies only to loss to such nuclear facility and any property thereat. 3. As used in this endorsement: Hazardous properties includes radioactive, toxic or explosive properties. Nuclear material means source material, special nuclear material or by-product material. ML 101 NY Page 2 of 12

28 Source material, special nuclear material, and by-product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a. containing by-product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, and b. resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means: a. Any nuclear reactor; b. Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste; c. Any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; d. Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a selfsupporting chain reaction or to contain a critical mass of fissionable material. B. Pollution We are not liable to pay, indemnify or defend any claim for: 1. The actual, alleged, or threatened exposure to discharge, generation, storage, transportation, discharge, dispersal, seepage, migration, emission, release, treatment, removal, disposal or escape of pollutants; or 2. Any request, demand, order or statutory or regulatory requirement that the named insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants; or 3. Any demand by or on behalf of any governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, pollutants. However, as it applies to any Directors and Officers Liability Coverage (including Educators Legal Liability), this exclusion shall not apply to any claim to which Insuring Agreement A. solely applies. C. Prior Knowledge We are not liable to pay, indemnify or defend any claim based upon, arising out of, or in consequence of, or in any way involving any wrongful act committed, attempted or allegedly committed or attempted prior to the policy period of the applicable Coverage Part if: 1. Prior to the earlier of the following dates: a. The inception of the applicable Coverage Part; b. The inception of the original Coverage Part of which the applicable Coverage Part is a renewal or replacement; or c. The Continuity Date, if any, stated in the Declarations for the applicable Coverage Part; any executive knew that such wrongful act is or would reasonably be regarded as the basis of a claim; or 2. There is a previous policy under which the insureds are entitled to coverage for such claim. ML 101 NY Page 3 of 12