Exemptions from coverage. The professional liability coverage will not apply to actions, claims or proceedings arising out of acts taken in bad faith. The following are examples of types of conduct which will normally be deemed to have been taken in bad faith: the act was committed with the willful intention of causing injury or harm, or was reckless or malicious in nature; the act was committed in willful violation of law or training site regulations; or the act was committed while under the influence of alcohol or a controlled substance. Coverage may not be provided for “volunteer” activities that are not approved by the Program Director and/or are not part of the training program. The Resident should consult with his/her Program Director for clarification of coverage for proposed volunteer activities in advance of undertaking such activities. Professional liability coverage is not provided by the SJMC for external moonlighting activities, as these activities are outside the scope of the residency program. If SJMC is defending an action involving a Resident, whether the Hospital or the Resident are or are not individually named as defendants, the Resident shall cooperate fully with counsel in handling or resisting the action, claim or proceedings. This obligation shall continue after the Resident leaves the residency program.
Appears in 2 contracts
Sources: Resident Position Appointment Agreement, Resident Position Appointment Agreement