Application for Life Sciences Liability Coverage Instructions: Please type or print clearly. Please answer ALL questions completely, leaving no blanks. If there are questions, or a part of them, that do not apply, please print “N/A” in the space next to them. Please provide any supporting information on a separate sheet of paper, using your letterhead and referencing which answer they are supplementing For “Yes” or “No” answers, please click the correct box. This form must be completed, dated and signed by a principal of your organization. Please submit the following information with this Application: Application Application Supplement – Nanotechnology, if applicable Clinical trial protocols, informed consent documents & clinical trial agreements Most recent Annual Report/Audited Financial Statement or most recent 10K & 10Q. Manufacturing or service contracts & indemnification agreements Hard copy or electronic loss runs Senior staff curriculum vitae Outline of Quality Control Program Advertisements, brochures, descriptive literature The above information may be necessary before a quotation can be obtained – failure to supply could delay or prevent a quote. The information requested in this application is for underwriting purposes only and does not constitute notice to the Company under any Policy of a claim or potential claim. All such notices must be submitted to the Company pursuant to the terms of the Policy, if and when issued. I. APPLICANT A. Legal name and mailing address of the entity to be the first Named Insured exactly as it will appear on the policy. First Named Insured Street Address City, State, Zip Code Contact Name and Phone Number: B. Broker or Agent Contact Information and Applicant’s Home State as Determined by the Broker or Agent (Applicable to Surplus Lines Policies Only): Name: Firm: Address: PF-12861c (08/12) ACE USA Page 1 of 12 Phone: Email: Home State (applicable to Surplus Lines policies only): Please provide home state (as defined by NRRA): C. Additional Named Insureds (Include ownership %-- must be > 50%): D. Additional Insureds: E. List all subsidiaries you have acquired or entities you have merged with in the last 5 years: Name of Entity: Date Acquired/Merged: F. Form of Business: Corporation Partnership Joint Venture Limited Liability Company Individual Other: (Please describe) G. What year was the company established? ___________ H. Name and address of parent company, if any: PF-12861c (08/12) ACE USA Page 2 of 12 I. II. Have you ever operated under another name? Yes No ( If so, please provide full details.) PRODUCT OR SERVICE REVENUE INFORMATION A. Revenues: U.S. Revenues: Foreign Revenues: Projected for Next Policy Period (for this quote): $ $ Last Year: $ $ The Year before Last Year: $ $ $ $ The Year before that: B. Product or Service Revenue Profile (Please provide percentages.) Source of Revenue % of revenue Product or Service Description Proprietary Pharmaceuticals/Biologics Medical Devices Contract Research Contract Manufacturing Diagnostics Generic Pharmaceuticals Over the Counter Products Distribution Other (please explain) C. Breakdown by Percentage (%) of Revenue: 1. Pharmaceuticals/Biologics, if applicable: Vaccines Cosmetics Imaging/Diagnostic Agents Nutri-pharmaceuticals Injectable/Oral Prescription Vitamins/Food Supplements PF-12861c (08/12) ACE USA Page 3 of 12 Topical Prescription Diet Aids Drug Delivery Other (please explain) 2. Medical Devices, if applicable: Cardiac Therapy/rehab Anesthesia/respiratory Dialysis Implants – Active Infusion Implants – Non-Active Non-Cardiac Catheters Lasers Analytical Instruments Surgical Devices Diagnostic Kits Dental Instruments Durable Medical Equipment Monitoring Devices Hospital Products/Supplies Imaging Devices Other (please explain) 3. Contracted Professional Services you supply, if applicable: Preclinical Testing Submission of Regulatory Filings Protocol Design Quality Control Study Selection or Monitoring Manufacturing Clinical Staff Recruitment Repackaging/Assembly Clinical Staff Training Marketing Data Entry/Database Management Sales Publications/Software Design Distribution Biostatistics Other (please explain) Please list your largest clients for current year: If you have product sales, please fill in the rest of this section: C. Please list any new products you expect to produce or introduce in the coming policy year: PF-12861c (08/12) ACE USA Page 4 of 12 D. Please list any discontinued products: Discontinued Product: Reason: E. Are any products or parts manufactured outside the U.S.? If yes, is the facility FDA approved? Yes Yes No No F. Are any products or components imported? If yes, are they FDA approved? Yes Yes No No G. Do any of your products include raw materials and/or components that contain or are composed of nanomaterials or involve nanomaterials or nanotechnology? Yes No (If yes, please complete ACE Nanotechnology Supplement.) H. Please list any products or components imported from China: I. Please list any products manufactured that are sold under another company’s label: Product Name: Other Company: J. Do you track the off-label sales of your products? Yes No N/A K. Are you aware of any off-label sales of your products? Yes No N/A L. What percentage of your total product sales comes from off-label sales?_______% M. Are any of your products sold as components for other products?_____ If yes, list component and end product: N. Do you require Certificates of Insurance from your suppliers? Yes No If yes, what limits do you require? $ __________________ each Occurrence/$ __________________ Aggregate $ __________________ each Occurrence/$ __________________ Aggregate O. Please list any activities you contract out (e.g.: product development, manufacturing, sales, distribution services): PF-12861c (08/12) ACE USA Page 5 of 12 P. What percentage of the sales representatives’ compensation is commission? _______ 1. Do you use your own sales force, another company’s, or contract out? 2. Do you train the sales force? Yes No ____________ Please describe: 3. Do any of your products training/certification programs require FDA approval? III. Yes No A. Do any of your employees provide direct patient care? Yes No B. Do any employees carry their own individual medical malpractice insurance? Yes No C. Do you operate an in-patient facility? Yes No D. Do any of your employees participate on an Institutional Review Board? Yes No E. Do you or any of your employees have a financial interest in the products of your clients? (Please describe on separate attachment.) Yes No CLINICAL TRIAL AND OTHER SERVICES YOU SUPPLY: F. What financial or other incentives are provided to Clinical Investigators? None Money Stock in your company Position in your company Other: (Please describe.) G. Do you or any of your employees ever act as both Trial Sponsor and Clinical Investigator? (If yes, please list trials on separate attachment.) Yes No H. How many subjects have you enrolled in clinical trials in the last 3 years? _____________ IV. CLINICAL TRIALS YOU SPONSOR N/A (Please use attachment if necessary) Protocol Name Product & Protocol Number PF-12861c (08/12) # of Test # of Test Subjects Subjects you Indication or City & enrolled expect to Disease Country of Last Policy enroll Next testing for Trials Period Policy Period ACE USA Ongoing or completed? Page 6 of 12 * Please attach FDA approved protocols & informed consent documents for active clinical trials, and draft protocols and informed consents for planned trials . V. REGULATORY A. To the best of your knowledge are you in compliance with the Food and Drug Administration (FDA) Regulations and to the extent applicable, the foreign agency equivalent? Yes No B. List all of the FDA Centers you work with: (e.g.: CDER, CBER, CDRH) C. Have you had product recalls in the past year? Yes No N/A Yes No N/A F. Have any of your products or company practices been subject to an investigation by any government agency? (If yes, please explain.) Yes No G. Have you had any clinical trials placed on a clinical hold? (If yes, provide details.) Yes No N/A H. Do you audit Clinical Investigator performance? Yes No N/A Yes No N/A Yes No B. Do you have a written Quality Control Program? Yes No C. Do you have a written Product Recall Plan? Yes No D. Do you have a written Records Retention Program? Yes No (If yes, please provide details & recall status on a separate attachment.) D. Within the past 12 months, have there been any MDR’s or AER’s filed? (If yes, indicate the number of filings and the nature of each on a separate attachment.) E. Date and result of most recent FDA inspection. (Please submit a copy of any Form 483 and your documented response.) I. VI. Have any warning letters been issued against you or your Investigators in the last 3 years? (If yes, please explain and include copies of letters and responses.) RISK MANAGEMENT A. Do you have a Loss Prevention/Control Program? (If yes, please provide the name and title of the person in charge of program.) PF-12861c (08/12) ACE USA Page 7 of 12 E. Do you have promotional materials, contracts, guarantees, & labeling jointly reviewed by each applicable discipline? Yes No F. Do you ever assume the liability of others in your contracts? Yes No G. Do all your contracts contain hold harmless or indemnity agreements? Yes No H. Please describe any other risk management processes, procedures or techniques: VII. LOSS HISTORY A. List total incurred loss, including defense costs for the last five (5) years*: If NONE, check here: Policy Period Insurer # of Claims Total Cost Incurred *Attach previous carrier(s) hard copy loss runs or submit electronically B. Describe all incurred losses of $10,000 or more: (If necessary, please provide an attachment.) If NONE, check here: C. Any known occurrence(s) not yet reported? Yes No (If yes, please provide details on an attachment.) VIII. PRIOR INSURANCE COVERAGE INFORMATION: A. Please list Insurance for the last three years: Products-Completed Operations Liability: Policy Period PF-12861c (08/12) Carrier Limits ACE USA Retention Premium CM or Occ Page 8 of 12 Professional Liability: Policy Period Carrier Limits Retention Premium CM or Occ Limits Retention Premium CM or Occ Umbrella/Excess Liability: Policy Period Carrier B. Has your insurance ever been canceled or non-renewed by a carrier? Yes No (If yes, please provide details on a separate attachment.) IX. INSURANCE COVERAGE REQUEST Coverage Limits Requested Deductible or SIR and Amount Retro Date Underlying Limits w deducible/SIR: Products/Completed Operations Liability N/A Professional (E&O) Liability N/A Excess Products/Completed Operations Liability Excess Professional Liability Medical Malpractice Liability - SMO N/A Please check the Policy Form you are requesting: Claims-Made & Reported Claims-Made X. FRAUD WARNING, DECLARATION & CERTIFICATION, AND SIGNATURE NOTICE TO ARKANSAS, LOUISIANA, WEST VIRGINIA & RHODE ISLAND APPLICANTS: Any person who knowingly presents a false or fraudulent claim for payment for a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. NOTICE TO COLORADO APPLICANTS: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil PF-12861c (08/12) ACE USA Page 9 of 12 damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. NOTICE TO DISTRICT OF COLUMBIA APPLICANTS: WARNING: it is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the Applicant. NOTICE TO FLORIDA APPLICANTS: Any person who knowingly, and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application (or any supplemental application, questionnaire or similar document) containing any false, incomplete or misleading information is guilty of a felony of the third degree. NOTICE TO KANSAS APPLICANTS: Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act. NOTICE TO KENTUCKY APPLICANTS: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime. NOTICE TO MAINE APPLICANTS: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purposes of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits. NOTICE TO MARYLAND APPLICANTS: Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. NOTICE TO MINNESOTA APPLICANTS: Any person who knowingly and with intent to defraud any Insurance company or Another person, files an application for insurance containing any materially false information, or conceals information for the purpose of misleading, commits a fraudulent insurance act, which is a crime and MAY subject such person to criminal and civil penalties. NOTICE TO NEW JERSEY APPLICANTS: Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. NOTICE TO NEW MEXICO APPLICANTS: ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMAITON IN AN APPICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES. NOTICE TO NEW YORK APPLICANTS: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. PF-12861c (08/12) ACE USA Page 10 of 12 NOTICE TO OHIO APPLICANTS: Any person who, with the intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. NOTICE TO OKLAHOMA APPLICANTS: WARNING: Any person who knowingly, and with intent to injure, defraud, or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony. NOTICE TO OREGON APPLICANTS: WARNING: Any person who knowingly and with intent to defraud any insurance company or another person, files an application for insurance or statement of claim containing any materially false information, or conceals information for the purpose of misleading, information concerning any fact material thereto, may be committing a fraudulent insurance act, which may be a crime and may subject such person to criminal and civil penalties. NOTICE TO PENNSYLVANIA APPLICANTS: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. NOTICE TO TENNESSEE & VIRGINIA AND WASHINGTON APPLICANTS: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. NOTICE TO VERMONT APPLICANTS: Any person who knowingly presents a false statement in an application for insurance may be guilty of a criminal offense and subject to penalties under state law. NOTICE TO ALL OTHER APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR ANOTHER PERSON, FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION, OR CONCEALS INFORMATION FOR THE PURPOSE OF MISLEADING, COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND MAY SUBJECT SUCH PERSON TO CRIMINAL AND CIVIL PENALTIES. DECLARATION AND CERTIFICATION BY SIGNING THIS APPLICATION, THE APPLICANT WARRANTS TO THE COMPANY THAT ALL STATEMENTS MADE IN THIS APPLICATION AND ANY SUPPLEMENTS ATTACHED HERETO ABOUT THE APPLICANT AND ITS OPERATIONS ARE TRUE AND COMPLETE, AND THAT NO MATERIAL FACTS HAVE BEEN MISSTATED OR MISREPRESENTED IN THIS APPLICATION OR HAVE BEEN SUPPRESSED OR CONCEALED. THE APPLICANT AGREES THAT IF AFTER THE DATE OF THIS APPLICATION, ANY INCIDENT, OCCURRENCE, EVENT OR OTHER CIRCUMSTANCE SHOULD RENDER ANY OF THE INFORMATION CONTAINED IN THIS APPLICATION OR ANY OTHER DOCUMENTS SUBMITTED IN CONNECTION WITH THE UNDERWRITING OF THIS APPLICATION INACCURATE OR INCOMPLETE, THEN THE APPLICANT SHALL NOTIFY THE COMPANY OF SUCH INCIDENT, OCCURRENCE, EVENT OR CIRCUMSTANCE AND SHALL PROVIDE THE COMPANY WITH INFORMATION THAT WOULD COMPLETE, UPDATE OR CORRECT SUCH INFORMATION. ANY OUTSTANDING QUOTATIONS OR BINDERS MAY BE MODIFIED OR WITHDRAWN AT THE SOLE DISCRETION OF THE COMPANY. COMPLETION OF THIS FORM DOES NOT BIND COVERAGE. THE APPLICANT’S ACCEPTANCE OF THE COMPANY’S QUOTATION IS REQUIRED BEFORE THE APPLICANT MY BE BOUND AND A POLICY ISSUED. THE APPLICANT AGREES, IF THE INSURANCE COVERAGE APPLIED FOR IS WRITTEN, THAT THIS APPLICATION SHALL BE THE BASIS PF-12861c (08/12) ACE USA Page 11 of 12 OF THE CONTRACT WITH THE INSURANCE COMPANY, AND BE DEEMED TO BE A PART OF THE POLICY TO BE ISSUED AS IF PHYSICALLY ATTACHED THERETO. THE APPLICANT HEREBY AUTHORIZES THE RELEASE OF CLAIMS INFORMATION FROM ANY PRIOR INSURERS TO THE COMPANY. THE APPLICANT AGREES TO COOPERATE WITH THE COMPANY IN IMPLEMENTING AN ONGOING PROGRAM OF LOSS-CONTROL AND WILL ALLOW THE COMPANY TO REVIEW AND MONITOR SUCH PROGRAMS THAT THE APPLICANT UNDERTAKES IN MANAGING ITS EXPOSURES. X Signature of Applicant X Date Signature of Broker/Agent Name of Applicant Name of Broker/Agent Title Signed by Licensed Resident Agent (Where Required By Law) PF-12861c (08/12) ACE USA Date Date Page 12 of 12