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February 22, 2013 - Oregon State Bar

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Action Memo To: OSB Board of Governors<br />

October 30, 2012<br />

Page 3<br />

The date a claim is made is important because it determines the claim year expenditures<br />

on behalf of a Covered Party for a Claim are charged against.<br />

1. Indemnity.<br />

SECTION IV — GRANT OF COVERAGE<br />

a. The PLF will pay those sums that a COVERED PARTY becomes legally obligated to pay as<br />

DAMAGES because of CLAIMS arising out of a COVERED ACTIVITY to which this Plan applies.<br />

No other obligation or liability to pay sums or perform acts or services is covered unless<br />

specifically provided for under Subsection 2 - Defense.<br />

b. This Plan applies only to CLAIMS first made against a COVERED PARK during the<br />

COVERAGE PERIOD.<br />

(1) The applicable COVERAGE PERIOD for a CLAIM will be the earliest of:<br />

(a) When a lawsuit is filed or an arbitration or ADR proceeding is formally<br />

initiated; or<br />

(b)<br />

PLF; or<br />

When notice of a CLAIM is received by any COVERED PARTY or by the<br />

(c) When the PLF first becomes aware of facts or circumstances that<br />

reasonably could be expected to be the basis of a CLAIM; or<br />

(d) When a claimant intends to make a CLAIM but defers assertion of<br />

the CLAIM for the purpose of obtaining coverage under a later COVERAGE<br />

PERIOD and the COVERED PARTY knows or should know that the COVERED<br />

ACTIVITY that is the basis of the CLAIM could result in a CLAIM.<br />

(2) Two or more CLAIMS that are SAME OR RELATED CLAIMS, whenever made, will<br />

all be deemed to have been first made at the time the earliest such CLAIM was first<br />

made. This provision will apply to YOU only if YOU have coverage from any source<br />

applicable to the earliest such SAME OR RELATED CLAIM (whether or not the available<br />

limits of liability of such prior policy or plan are sufficient to pay any<br />

SECTION VII — NOTICE OF CLAIMS<br />

1. The COVERED PARTY must, as a condition precedent to the right of protection afforded by this<br />

coverage, give the PLF, at the address shown in the Declarations, as soon as practicable, written notice<br />

of any CLAIM made against the COVERED PARTY. In the event a SUIT is brought against the COVERED<br />

PARTY, the COVERED PARTY must immediately notify and deliver to the PLF, at the address shown in

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