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IMPORTANT STATE INFORMATION FRAUD WARNING STATEMENTS ARKANSAS DISTRICT OF COLUMBIA FLORIDA KENTUCKY LOUISIANA MAINE NEW JERSEY NEW MEXICO PENNSYLVANIA TENNESSEE VIRGINIA AND WEST VIRGINIA 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 THE PERSON TO CRIMINAL AND CIVIL PENALTIES. NOTE IN LOUISIANA MAINE TENNESSEE VIRGINA AND THE DISTRICT OF COLUMBIA PENALTIES MAY ALSO INCLUDE THE DENIAL OF INSURANCE BENEFITS. ALABAMA APPLICANTS ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR WHO KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO RESTITUTION FINES OR CONFINEMENT IN PRISON OR ANY COMBINATION THEREOF. 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 AND DENIAL OF INSURANCE AND CIVIL DAMAGES. ANY INSURANCE COMPANY OR AGENT OF AN INSURANCE COMPANY WHO KNOWINGLY PROVIDES FALSE INCOMPLETE OR MISLEADING FACTS OR INFORMATION TO A POLICY HOLDER OR CLAIMANT FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING TO DEFRAUD THE POLICY HOLDER 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. HAWAII APPLICANTS FOR YOUR PROTECTION HAWAII LAW REQUIRES YOU TO BE INFORMED THAT PRESENTING A FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT IS A CRIME PUNISHABLE BY FINES OR IMPRISONMENT OR BOTH. KANSAS APPLICANTS ANY PERSON WHO COMMITS A FRAUDULENT INSURANCE ACT IS GUILTY OF A CRIME AND MAY BE SUBJECT TO RESTITUTION FINES AND CONFINEMENT IN PRISON. A FRAUDULENT INSURANCE ACT MEANS AN ACT COMMITTED BY 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 OR INSURANCE AGENT OR BROKER ANY WRITTEN STATEMENT AS PART OF OR IN SUPPORT OF AN APPLICATION FOR INSURANCE OF THE RATING OF AN INSURANCE POLICY OR A CLAIM FOR PAYMENT OR OTHER BENEFIT UNDER AN INSURANCE POLICY WHICH SUCH PERSON KNOWS TO CONTAIN MATERIALLY FALSE INFORMATION CONCERNING ANY MATERIAL FACT THERETO OR CONCEALS FOR THE PURPOSE OF MISLEADING INFORMATION CONCERNING ANY FACT MATERIAL THERETO. MARYLAND APPLICANTS ANY PERSON WHO KNOWINGLY AND WILLFULLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR WHO KNOWINGLY AND WILLFULLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN PRISON. Form HS 99 48 02 13 Page 1 of 2 2013. The Hartford Page 1 of 2 2013 The Hartford | 2 |
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 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 SUCH VIOLATION. OHIO APPLICANTS ANY PERSON WHO WITH 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. 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. OREGON APPLICANTS ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD OR SOLICIT ANOTHER TO DEFRAUD AN INSURER 1 BY SUBMITTING AN APPLICATION OR 2 FILING A CLAIM CONTAINING A FALSE STATEMENT AS TO ANY MATERIAL FACT MAY BE VIOLATING STATE LAW. Form HS 99 48 02 13 Page 2 of 2 | 2 |
COMMERCIAL GENERAL LIABILITY CG 26 811204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINNESOTA CHANGES DUTIES CONDITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE CG 04 35 LIMITED PRODUCT WITHDRAWAL EXPENSE ENDORSEMENT CG 04 36 LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PERSONAL INJURY LIABILITY ENDORSEMENT CG 28 05 POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The following is added to the Duties Condition The requirement to notify us can be satisfied by notifying our agent. Notice can be by any means of communication. CG 26 811204 ISO Properties Inc. 2003 Page 1 0of 1 | 2 |
POLICY NUMBER 37 c s38817 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT PREMIUMS AND PREMIUM AUDIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The following is added to the Premiums Common Policy Condition The Minimum Retained Premium stated in the Declarations shall be considered as fully earned at the inception of the policy. In the event of cancellation by the first Named Insured we shall be entitled to retain any Minimum Retained Premium stated in the applicable Coverage Part Declarations. B. The following is added to the Premium Audit Condition If the Advance Premium set forth in the applicable Coverage Part Declarations is adjustable such Advance Premium is an estimated premium for the Audit Period set forth in the Declarations. At the end of such Audit Period we will compute any applicable Audit Premium. Then 1 Audit Premium which is greater than the paid Advance Premium is due and payable by the first Named Insured upon notice or 2 Paid Advance Premium which is greater than Audit Premium will be refunded to the first Named Insured subject to any Minimum Retained Audit Premium or Minimum Retained Premium set forth in the Declarations whichever of 1 or 2 applies. Form HS 25 31 06 05 Page 10of 1 c 2005 The Hartford | 2 |
POLICY NUMBER 37 c s38817 LICY NUMBER 37 c 538817 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT POLICY PERIOD This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. ltis hereby agreed that policy period wherever it appears in the Coverage Part means the following Policy period means the period beginning with the inception date shown in the Common Policy Declarations and ending with the earlier of 1. The date of cancellation of this Coverage Part or 2. The expiration date shown in the Common Policy Declarations. B. The last paragraph of Section lll Limits of Insurance is deleted and replaced by the following The Limits of Insurance of this Coverage Part apply separately to each policy period starting with the beginning of the policy period. If the policy period is extended after issuance for an additional period such additional period will be deemed part of the policy period for purposes of determining the Limits of Insurance. C. If any deductible applies to this Coverage Part the deductible will apply in the same manner as the Limits of Insurance in paragraph B. above. Form HS 25 37 06 05 Page 10of 1 c 2005 The Hartford | 2 |
Policy Number 37 c s38817 Effective Date 09012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE POLLUTION EXCLUSION EXCEPTION HOSTILE FIRE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Itis agreed that EXCLUSION f. is replaced by the following 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal pollutants seepage migration release or escape of a At or from any premises site or location b c d which is or was at any time owned or occupied by or rented or loaned to any insured At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you may be legally responsible At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations or e Tothe extent that any such bodily injury or property damage is included in the products completed operations hazard. Subparagraphs a and d do not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. 2 Any loss cost or expense arising out of any a Request demand or order or statutory or regulatory requirement that any 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 b Claim or suit by or on behalf of a 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. B. The last paragraph of Section Coverage A after the exclusions is replaced by the following Exclusions c. through e. and g. through n. do not apply to damage by fire lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. Form HC 21 31 10 01 c 2001 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THE V HARTFORD PRODUCER COMPENSATION NOTICE You can review and obtain information on The Hartford s producer compensation practices at www.TheHartford.com or at 1 800 592 5717. Form G3418 0 | 2 |
COMMERCIAL GENERAL LIABILITY CG 26 0502 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINNESOTA CHANGES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. The Examination Of Your Books And Records Common Policy Condition is replaced by the following We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to one year afterward.. Paragraph 1. Bankruptcy under Section IV Commercial General Liability Conditions is replaced by the following 1. Bankruptcy Bankruptcy insolvency or dissolution of the insured or of the insured s estate will not relieve us of our obligation under this Coverage Part and in case an execution against the insured on a final judgment is returned unsatisfied then such judgment creditor shall have a right of action on this Coverage Part against the company to the same extent that the insured would have had the insured paid the final judgment. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV Commercial General Liability Conditions Our rights do not apply against any person or organization insured under this or any other Coverage Part we issue with respect to the same occurrence. CG 26 05 02 07 ISO Properties Inc. 2006 Page 1 of 1 | 2 |
POLICY NUMBER 37 c 538817 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE POLLUTION EXCLUSION EXCEPTION FOR MOBILE EQUIPMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Subparagraph f.1d of the Absolute Pollution Exclusion Form HC 21 31 is replaced by the following d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations However this subparagraph does not apply to bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids i Escape from a vehicle part designed to hold store or receive them and i Are brought on or to the premise site or location in connection with such operations by such insured contractor of subcontractor. This exception does not apply if the bodily injury or property damage arises out of 1 The intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor or 2 Operations directly or indirectly involved with or related to testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants or HC 2186 10 01 c 2001 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVI RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 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 Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b 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 2 America or any agency thereof with any person or organization. B. Under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. 2 ERAGE PART C. Under any Liability or property d hazardous propert 1 The nuclear mz facility owned behalf of an discharged or di 2 The nuclear spent fuel possessed he stored transpor behalf of an ins The bodily inj arises out of the of services mat connection with maintenance nuclear facility located within tr its territories or exclusion 3 damage to suc property thereat 3. As used in this endorse Hazardous properties or explosive properties Nuclear material 1 special nuclear materi C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 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 The bodily injury or property damage 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 3 applies only to property damage to such nuclear facility and any property thereat.. 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. 3 IL 00 21 09 08 ISO Properties Inc. 2007 Page 1 of 2 | 2 |
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 self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 | 2 |
IL 02 45 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINNESOTA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. When this endorsement is attached to the 2 3 Standard Property Policy CP 00 99 the term C Coverage Part in this endorsement is replaced by r the term Policy. b. 90D B. The following provisions apply except when If thi Paragraph C. of this endorsement applies or T The Cancellation Common Policy Condition is issu replaced by the following of th CANCELLATION M A 1. The first Named Insured shown in the A Declarations may cancel this policy by mailing o or delivering to us advance written notice of P cancellation. P 2. We may cancel this policy subject to the A provisions of Paragraph B.3. below by first class mailing or by delivery of a written notice S of cancellation to the first Named Insured and any agent to their last mailing addresses F known to us. Notice of cancellation will state C the effective date of cancellation. The policy I period will end on that date. C 3. Policies In Effect 5 S a. Less Than 90 Days e If this policy is a new policy and has been in r effect for fewer than 90 days we may z cancel for any reason by giving notice at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or IL 02 45 09 08 ISO Properties Inc. 2007 2 30 days before the effective date of cancellation if we cancel for any other reason. b. 90 Days Or More If this policy has been in effect for 90 days or more or if it is a renewal of a policy we issued we may cancel only for one or more of the following reasons 1 Nonpayment of premium 2 Misrepresentation or fraud made by you or with your knowledge in obtaining the policy or in pursuing a claim under the policy 3 An act or omission by you that substantially increases or changes the risk insured 4 Refusal by you to eliminate known conditions that increase the potential for loss after notification by us that the condition must be removed Substantial change in the risk assumed except to the extent that we should reasonably have foreseen the change or contemplated the risk in writing the contract G Page 10f 3 | 2 |
6 Loss of reinsurance by us which provided coverage to us for a significant amount of the underlying risk insured. Any notice of cancellation pursuant to this item shall advise the policyholder that he or she has 10 days from the date of receipt of the notice to appeal the cancellation to the commissioner of commerce and that the commissioner will render a decision as to whether the cancellation is justified because of the loss of reinsurance within 30 business days after receipt of the appeal 7 A determination by the commissioner that the continuation of the policy could place us in violation of the Minnesota insurance laws or Nonpayment of dues to an association or organization other than an insurance association or organization where payment of dues is a prerequisite to obtaining or continuing such insurance. This provision for cancellation for failure to pay dues shall not be applicable to persons who are retired at 62 years of age or older or who are disabled according to social security standards. Under this Item B.3.b. we will give notice at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium. The cancellation notice shall contain the information regarding the amount of premium due and the due date and shall state the effect of nonpayment by the due date. Cancellation shall not be effective if payment of the amount due is made prior to the effective date of cancellation or 60 days before the effective date if we cancel for a reason described in Paragraphs B.3.b.2 through 8 above. The notice of cancellation will state the reason for cancellation. 4. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 5. Proof of mailing of any notice shall be sufficient proof of notice. C. The following applies with respect to coverage provided under the following FARM COVERAGE PART 1. Policies In Effect 60 Days Or More a. If this Coverage Part covers buildings used for residential purposes and has been 1 In effect for at least 60 days or 2 Renewed by us Paragraphs A.2. and A.6. of the Cancellation Common Policy Condition do not apply and the following is added to the Cancellation Common Policy Condition b. We may not cancel this policy except for 1 Nonpayment of premium 2 Misrepresentation or fraud made by you or with your knowledge a In obtaining this policy or b In connection with a claim under this policy 3 An act or omission by you that materially increases the risk we originally accepted or 4 A physical change in the Covered Property which a Is not corrected or restored within a reasonable time after it occurs and b Results in the property becoming uninsurable. c. We may cancel this policy by giving the first Named Insured written notice of cancellation at least 1 20 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for a reason described in Paragraphs C.1.b.2 through 4. Such notice will be mailed or delivered to the first Named Insured and will contain the reason for cancellation. Proof of mailing of any notice shall be sufficient proof of notice. Page 2 of 3 ISO Properties Inc. 2007 IL 02 45 09 08 | 2 |
2. Policies In Effect Less Than 60 Days When this Coverage Part covers buildings used for residential purposes and is a new policy which has been in effect fewer than 60 days cancellation is subject to the terms of the Cancellation Common Policy Condition except for Paragraphs A.2. and A.6. and is not subject to Paragraph B. or Paragraph C.1. of this endorsement. Under this Item C.2. Paragraphs A.2. and A.6. of the Cancellation Common Policy Condition are replaced by the following We may cancel this policy by giving the first Named Insured written notice of cancellation at least 20 days before the effective date of cancellation. Such notice will be mailed or delivered to the first Named Insured. Proof of mailing of any notice shall be sufficient proof of notice. If we cancel this policy for underwriting considerations we will inform you of the source from which the information was received. D. The following is added and supersedes any provisions to the contrary NONRENEWAL If we decide not to renew this policy we may do so by giving the first Named Insured and any agent written notice of our intent not to renew at least 60 days before the expiration date of this policy. Such notice will be delivered or mailed by first class mail to their last mailing addresses known to us. Proof of mailing of any notice shall be sufficient proof of notice. We need not mail or deliver this notice if you have 1. Insured elsewhere 2. Accepted replacement coverage or 3. Agreed not to renew this policy. IL 02 45 09 08 ISO Properties Inc. 2007 Page 30of 3 | 2 |
POLICY NUMBER 37 nan nan nan nan 538817.0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following COMMERICIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 4. the Other Insurance Condition Section IV Commercial General Liability Conditions is replaced by the following 4. Other Insurance This insurance is excess over any other insurance whether primary excess contingent or on any other basis except when purchased specifically to apply in excess of this insurance. If this insurance is excess we will have no duty under this Coverage Part to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. If this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a. The total amount that all such other insurance would pay for damages in the absence of this insurance and b. The total of all deductible and self insured amounts under all that other insurance. Paragraph 2.e. of Section IV Commercial General Liability Conditions is replaced by the following Ad If we cover a claim or suit under this Coverage Part that may also be covered by other insurance available to an additional insured such additional insured must submit such claim or suit to the other insurer for defense and indemnity. ional Insureds Other Insurance Form HS 25 32 06 08 Page 1 of 1 2008 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THE g HARTFORD U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by the United States. Please read this Notice carefully. The Office of Foreign Assets Control OFAC of the U.S. Department of the Treasury administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries and regimes terrorists international narcotics traffickers those engaged in activities related to the proliferation of weapons of mass destruction and other threats to the national security foreign policy or economy of the United States. OFAC acts under Presidential national emergency powers as well as authority granted by specific legislation to impose controls on transactions and freeze assets under U.S. jurisdiction. OFAC publishes a list of individuals and companies owned or controlled by or acting for or on behalf of targeted countries. It also lists individuals groups and entities such as terrorists and narcotics traffickers designated under programs that are not country specific. Collectively such individuals and companies are called Specially Designated Nationals and Blocked Persons or SDNs. Their assets are blocked and U.S. persons are generally prohibited from dealing with them. This list can be located on OFAC s web site at httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is an SDN as identified by OFAC the policy is a blocked contract and all dealings with it must involve OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Form IH 99 40 04 09 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINNESOTA CHANGES CONTRACTUAL LIABILITY EXCLUSION AND SUPPLEMENTARY PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Exclusion b. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. B. Section I Supplementary Payments Coverages A And B is replaced by the following 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 1000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured Form HG 01221210 Page 1 of 2 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and b c d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when a. We have used up the applicable limit of insurance in the payment of judgments or settlements or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. Page 2 of 2 Form HG 01221210 | 2 |
COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered arefund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. IL0017 11 98 Copyright Insurance Services Office Inc. 1998 Page 1 of 2 | 2 |
E. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Sze Lisa Levin Secretary Donfhn el Douglas Elliot President Page 2 of 2 IL0017 11 98 | 2 |
THE g HARTFORD Named Insured THE MARVIN COMPANIES INC. Policy Number 37 538817 Effective Date 09012020 Expiration Date 09012021 Company Name HARTFORD FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRADE OR ECONOMIC SANCTIONS ENDORSEMENT This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance including but not limited to the payment of claims. All other terms and conditions remain unchanged. Form IH 99 41 04 09 Page 1 of 1 | 2 |
3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION AIRCRAFT PRODUCTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The following Exclusion is added This insurance does not apply to bodily injury or property damage included within the products completed operation hazard and arising out of 1. Aircraft products 2. Reliance upon any representation or warranty made with respect to aircraft products 3. The grounding of any aircraft or 4. Liability assumed by you under any contract or agreement if such liability arises out of aircraft products.. LIMITED EXCEPTION This exclusion does not apply to bodily injury to persons operating maintaining repairing or installing any aircraft products provided such bodily injury does not occur while the aircraft is in motion.. For the purposes of this endorsement the tions following definitions are added to the Defi Section 1. Aircraft includes but is not limited to a. Heavier than air flying vehicles b. c. d. e. f. Lighter than air flying vehicles Helicopters Gliders Missiles or Spacecraft. 2. Aircraft products means a. b. Aircraft or Any other goods or products other than real property designed manufactured sold handled or distributed or services produced or recommended by 1 Youor 2 Others trading under your name for use in the manufacture repair operation maintenance or use of any aircraft. 3. Grounding means b. The withdrawal of one or more aircraft from flight operations or The imposition of speed passenger or load restrictions on aircraft. Form HC 22 03 09 14 Page 1 of 1 2014 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DISCRIMINATION AMENDMENT OF PERSONAL AND ADVERTISING INJURY DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART Paragraph h. is added to the definition of Personal and advertising injury as follows h. Discrimination that results in humiliation or other injury to the feelings or reputation of a natural person provided that such discrimination is not committed by or at your direction or the direction of any partner member manager executive officer director stockholder or trustee of the insured. Form HC 30 06 09 16 Page 1 of 1 2016 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION UNMANNED AIRCRAFT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM EXCESS BROAD FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM EXCESS A. Exclusion 2.g. Aircraft Auto Or Watercraft under Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to g. Aircraft Auto Or Watercraft 1 Unmanned Aircraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This Paragraph g.1 applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Aircraft Other Than Unmanned Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft other than unmanned aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This Paragraph g.2 applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment 2 Form HC 23 14 06 17 2017 The Hartford training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft other than unmanned aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This Paragraph g.2 does not apply to a A watercraft while ashore on premises you own or rent b A watercraft you do not own that is i Lessthan 51 feet long and ii Not being used to carry persons for a charge Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or Bodily injury or property damage arising out of i The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or c d e Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. craft Auto Or Watercraft Coverage A Bodily Injury mage Liability is replaced by does not apply to uto Or Watercraft nned Aircraft injury or property damage out of the ownership nance use or entrustment to of any aircraft that is an nned aircraft. Use includes ion and loading or unloading. aragraph g.1 applies even if ims against any insured allege ence or other wrongdoing in the ision hiring employment g or monitoring of others by sured if the occurrence which d the bodily injury or property Je involved the ownership nance use or entrustment to of any aircraft that is an nned aircraft. ft Other Than Unmanned ft Auto Or Watercraft injury or property damage out of the ownership nance use or entrustment to of any aircraft other than nned aircraft auto or raft owned or operated by or or loaned to any insured. Use s operation and loading or ling. aragraph g.2 applies even if ims against any insured allege ence or other wrongdoing in the ision hiring employment training or monitoring that insured if the occl caused the bodily injur damage involved th maintenance use or others of any aircraf unmanned aircraft watercraft that is owne by or rented or loaned t This Paragraph g.2 d to a A watercraft whil premises you own A watercraft you dc is i Lessthan 51 fe ii Not being wus persons for a cl c Parking an auto ways next to pren or rent provided th owned by or rentec you or the insured Liability assumed insured contrac ownership maintel of aircraft or waterc Bodily injury damage arising ou i The operation or equipment tt to or part of. that would que definition C equipment if subject to a financial respol other motor ver law where it principally gara b d e | 2 |
ii The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. f An aircraft that is not owned by any insured and is hired chartered or loaned with a paid crew. However this exception does not apply if the insured has any other insurance for such bodily injury or property damage whether the other insurance is primary excess contingent or on any other basis. B. The following exclusion is added to Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Unmanned Aircraft Personal and advertising injury arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the offense which caused the personal and advertising injury involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. This exclusion does not apply to a. The use of another s advertising idea in your advertisement or b. Infringing upon another s copyright trade dress or slogan in your advertisement. C. The following definition is added to the Definitions section Unmanned aircraft means an aircraft that is not 1. Designed 2. Manufactured or 3. Modified after manufacture to be controlled directly by a person from within or on the aircraft. Page 2 of 2 Form HC 23 14 06 17 | 2 |
g Hlinois Union Insurance Company ACE Pollution and Casualty oo L oot Insurance Policy Declarations This Policy is issued by the stock insurance company shown above. THE DECLARATIONS TOGETHER WITH THE COMPLETED AND SIGNED APPLICATION THIS POLICY AND ANY ENDORSEMENTS OR SCHEDULES ATTACHED HERETO CONSTITUTE THE INSURANCE POLICY. This insurance policy has coverage sections which are purchased separately at the option of the First Named Insured. These coverage sections are shown in ltem 3 below. Only if the appropriate box in ltem 3 is checked indicated as X is coverage provided under that coverage section and the provisions applicable to the purchased coverage will apply. Policy No. APC G24922005 002 Renewal of APC G24922005 001 Item 1. First Named Goradia Capital LLC Insured Address 16800 Imperial Valley Drive Suite 499 Houston TX 77060 Item 2. Policy Period Policy Inception Date Policy Expiration Date Local Time of the Address Shownin January 1 2014 1201 AM. January 1 2015 1201 AM. Item 1. Item 3. Coverages Purchased Commercial General Liability Coverage Coverage A. Bodily Injury and Property Damage Coverage B. Personal and Advertising Injury Coverage C. Medical Expenses XK Pollution Liability Coverage Coverage D Premises Transportation and Disposal Sites Pollution Coverage D.1 On Site Third Party Bodily Injury and Property Damage Coverage D.2 Off Site Third Party Bodily Injury Property Damage and Remediation Costs Coverage D.3 On Site and Off Site Governmental Action Coverage D.4 Off Site Transportation Pollution Liability Coverage D.5 Off Site Non Owned Disposal Sites Liability NXOXX Coverage E. Sudden and Accidental Pollution Liability Coverage F. Pollution Discovery Cleanup General Pollution Liability Coverage Coverage G Products Pollution Hostile Fire and Contractors Pollution Liability Coverage G.1 Products Pollution Liability Coverage G.2 Hostile Fire and Building Equipment Coverage G.3 Contractor s Pollution Liability XXX Item 4. Retroactive Date Coverage D E and F Only 10312011 Item 5. Limits of Insurance Coverages A B Cand G 2000000 General Aggregate Limit 2000000 Products Completed Operations Aggregate Limit 1000000 Each Occurrence Limit 1000000 Personal and Advertising Injury Limit 500000 Damages to Premises Rented to You Limit Per Premises 5000 Medical Expense Limit 1000000 Each Pollution Condition Limit PC26086a 0911 2008 Page 1 of 4 rive Suite 499 perty Damage sing Injury ation and Disposal Sites Pollution arty Bodily Injury and Property Damage arty Bodily Injury Property Damage and Remediation Costs Site Governmental Action ortation Pollution Liability vned Disposal Sites Liability ntal Pollution Liability Cleanup verage Hostile Fire and Contractors Pollution Liabil on Liability Building Equipment llution Liability tions Aggregate Limit jury Limit ed to You Limit Per Premises nit | 2 |
Coverages D E and F 2000000 Aggregate Pollution Limit 1000000 Each Pollution Condition Limit Item 6. Self Insured Coverage D Eand F Retention 100000 Each Pollution Condition Item 7. Premium 381507 Includes 0.00 TRIA Premium In US Dollars This premium amount shall be 35 minimum earned as of the first day of the Policy Period indicated in ltem 2. above. The premium for this policy is subject to audit only if checked. ltem 8. a. Notice of Occurrence Offense Claim or Pollution Condition b. All other Notices ACE USA Claims ACE Custom Casualty P.0. Box 5127 P.0. Box 1000 Notices scranton PA 18505 0559 436 Walnut Street WA 07A Philadelphia PA 19106 Phone 888 251 3870 Fax 866 300 8206 Email CustomCasualtyFirstNoticeacegroup.com 24 Hour Emergency Response Hotline 1 888 310 9553 Item 9.a. Form of Business Individual Trust Partnership X Limited Liability Company Joint Venture Qrganization Including a corporation But not including a partnership joint venture or limited liability company Item 9.b. Covered Locations As per Endorsement No. 2 X if checked here Covered Locations are scheduled by endorsement to this policy. Item 10. Producer Lockton Companies Name and Address 444 West 47 Street Kansas City MO 64112 0559 70 6 tvEiretNatine arearalin cam E Lusiom Lasualty 0. Box 1000 6 Walnut Street WA 07A lladelphia PA 19106 overed Locations S per Endorsement NO. ame and Address 2008 PC26086a 0911 Page 2 of 4 | 2 |
Policy Form No. Page Table of Contents PC26085a ACE Pollution and Casualty Insurance Policy 1210 1 Section I Coverages 1 Commercial General Liability Coverage 1 Coverage A Bodily Injury and Property Damage Liability 6 Coverage B Personal and Advertising Injury Liability 9 Coverage C Medical Payments 10 Pollution Liability Coverage 10 Coverage D Premises Transportation and Disposal Sites Pollution Liability 13 Coverage E Sudden and Accidental Pollution Liability 15 Coverage F Pollution Discovery Cleanup 17 General Pollution Liability Coverage 17 Coverage G Products Pollution Hostile Fire and Contractors Pollution Liability 22 Section Il Defense Obligations and Supplementary Payments 22 Supplementary Payments Coverage A B and G 23 Defense Remediation and Settlement Coverage D E and F 24 Section Il Who Is An Insured 25 Section IV Limits of Insurance 27 Section V Conditions 31 Section VI Extended Reporting Period 32 Section VII Definitions Endorsements and Notices Attached at Policy Issuance Endorsement Form Number Number Form Name 1 PC26855 0409 Named Insured Endorsement 2 PC26739 0309 Schedule Of Covered Locations Retroactive Date Endorsement 3 PC26734 0309 Employee Benefits Liability Coverage Endorsement 4 PC26736 0309 Fungi Exclusion 5 PC26737 0309 Natural Resource Damage Exclusion 6 PC26740 0309 Silica Dust And Particulate Matter Exclusion 7 PC26741 0309 Waiver Of Transfer Of Rights Of Recovery Against Others To Us 8 PC27469 0906 Self Insured Retention Endorsement 9 PC31078 1108 Contractual Liability Railroads 10 PC26849 0409 Additional Insured Designated Person Or Organization 11 PC26878 0609 Stop Gap Employers Liability Coverage Endorsement Ohio 12 PC26888 0609 Amendment Of Coverage Territory Worldwide Coverage With Specified Exceptions 13 PC26876 0409 Schedule Of Non Owned Disposal Sites 14 PC26850 0409 Additional Insured Lessor Of Leased Equipment PC26086a 0911 2008 Page 3 of 4 | 2 |
Automatic Status When Required In Lease Agreement With You 15 PC38221 0812 Designated Entity Exclusion 16 PC27457 0609 Unintentional Failure To Disclose Endorsement 17 PC26853 0409 Lot Or Batch Clause Endorsement 18 PC26738 0309 Nuclear Energy Liability Exclusion 19 PC26856 0409 Kncnwledge Of Occurrence Pollution Condition Or Government 20 PC34062 1111 lisnlacki ng Endorsement 21 PC26803 0409 Self Insured Retention Endorsement Coverage D E and F 22 ALL32686 0111 Notice To Others Endorsement Schedule Notice By Insured s Representative 23 PC26849 0409 Additional Insured Designated Person Or Organization 24 CG 2173 0108 Exclusion Of Certified Acts Of Terrorism 25 ALL21101 1106 Trade Or Economic Sanctions Endorsement 26 XS1U96e 0206 Service Of Suit Endorsement 27 LD5S23i 1211 Signature Endorsement TRIA15c 0108 Policyholder Disclosure Notice Of Terrorism Insurance Coverage SL17905 Ed. 0409 Texas Surplus Lines Notification ALL11559d 1007 Risk Control Services For Texas Policyholders ALL4Y30d 1009 Information And Complaints ILP 001 01 04 U. S. Treasury Department s Office Of Foreign Assets Control OFAC Advisory Notice To Policyholders ALL20887 1006 Ace Producer Compensation Practices Policies 2008 PC26086a 0911 Page 4 of 4 | 2 |
lllinois Union Insurance Company ACE PaC Pollution and Casualty Insurance Coverage Throughout this policy the words you and your refer to the Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the Insurer providing this insurance. The word Insured means any person or organization qualifying as such under SECTION Iil WHO IS AN INSURED. Words and phrases that appear in quotation marks have special meaning referred to in SECTION VIl DEFINITIONS. This insurance policy has coverage sections which are purchased separately at the option of the First Named Insured Commercial General Liability Coverages A B and C Pollution Liability Coverages D.1 D.2 D.3 D.4 D.5 and E Pollution Discovery Cleanup Coverage F General Pollution Liability Coverage G.1 G.2 and G.3. Only if the appropriate box in Item 3 of the Declarations is checked indicated as Xl is coverage provided under that coverage section and the provisions applicable to the purchased coverage will apply. Throughout this policy the terms conditions exclusions and limitations apply to all coverages unless we indicate that they apply only to the designated coverage sections. SECTION COVERAGES COMMERCIAL GENERAL LIABILITY COVERAGE COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section IV Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A B or G or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A B and G of Section Il Defense Obligations and Supplementary Payments. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Ill Who Is An Insured or any PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 of 39 | 0 |
employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section lll Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to oceur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. Exclusions The insurance afforded under this Coverage A does not apply to Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. y Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages Contractual Liabi 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 2 of 39 | 1 |
b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any 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 b Claim or suit by or on behalf of a 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. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than fifty one 51 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged or b the operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the Definition of mobile equipment. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. War Bodily injury or property damage however caused arising directly or indirectly out of war. PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 3 of 39 | 1 |
Damage to Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of twenty one 21 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section IV Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Personal And Advertising Injury PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 4 of 39 | 1 |
Bodily injury arising out of personal and advertising injury. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Recording and Distribution of Material or Information in Violation of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 4 Any federal state or local statute ordinance or regulation other then the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Asbestos Bodily injury or property damage arising out of asbestos or asbestos containing materials. Lead Bodily injury or property damage arising out of the toxic properties of lead or lead containing products or materials. Fungi or Bacteria Bodily injury or property damage arising out of the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria including but not limited to legionella pneumophila regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. This exclusion will also apply to any costs or expenses arising out of the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria including but not limited to legionella pneumophila by any insured or by any other person or entity. Employment Related Practices Bodily injury to 1 Aperson arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after employment of that person 2 Whether the insured may be liable as an employer or in any other capacity and PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 5 of 39 | 1 |
3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Professional Services Bodily injury or property damage arising out of the rendering of or failure to render any professional service. w. Radioactive Matter Bodily injury or property damage arising out of the actual alleged or threatened exposure of persons or property to any radioactive matter or any form of radiation. X. Insurance Provided in Other Coverage Sections Any injury damage expense cost loss liability or legal obligation for which coverage is provided by any other coverage section of this policy. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section IV Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement b. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section IV Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A B and G of Section Il Defense Obligations and Supplementary Payments. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. Exclusions The insurance afforded under this Coverage B does not apply to Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Lial PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 6 of 39 | 1 |
Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality or Performance of Goods Failure to Conform to Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Infringement of Copyright Patent Trademark or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds in Media and Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Subparagraphs a. b. and c. of the definition of personal and advertising injury under Section VII Definitions. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Electronic Chatrooms or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. Pollution Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any 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 2 Claim or suit by or on behalf of a 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. War PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 7 of 39 | 1 |
1 Personal and advertising injury however caused arising directly or indirectly out of war. Recording and Distribution Of Material or Information In Violation of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Asbestos Personal and advertising injury arising out of asbestos or asbestos containing materials. Lead Personal and advertising injury arising out of the toxic properties of lead or lead containing products or materials. Fungi or Bacteria Personal and advertising injury arising out of the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria including but not limited to legionella pneumophilia regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. This exclusion will also apply to any costs or expenses arising out of the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria including but not limited to legionella pneumophilia by any insured or by any other person or entity. Employment Related Practices Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs ab or c above occurs before employment during employment or after employment of that person 2 Whether the insured may be liable as an employer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. Professional Services Personal and advertising injury arising out of the rendering of or failure to render any professional service. Insurance Provided in Other Coverage Sections Any injury damage expense cost loss liability or legal obligation for which coverage is provided by any other coverage section of this policy. PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 8 of 39 | 1 |
COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. Exclusions We will not pay under this Coverage C expenses for bodily injury Any Insured To any insured except volunteer workers. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. Products Completed Operations Hazard Included within the products completed operations hazard. Coverage A Exclusions Excluded under Coverage A. Insurance Provided in Other Coverage Sections Or any injury damage expense cost loss liability or legal obligation for which coverage is provided by any other coverage section of this policy. PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 9 of 39 | 1 |
POLLUTION LIABILITY COVERAGE COVERAGE D PREMISES TRANSPORTATION AND DISPOSAL SITES POLLUTION LIABILITY THIS COVERAGE IS PROVIDED ON A CLAIMS MADE AND REPORTED BASIS WHICH COVERS ONLY CLAIMS FIRST MADE AGAINST THE INSURED AND REPORTED TO THE INSURER DURING THE POLICY PERIOD. PLEASE READ THIS POLICY CAREFULLY. Coverage for legal defense expenses erodes and will be counted against the Limits of Insurance and the self insured retention for Coverage D. 1. Insuring Agreements D.1 On Site Third Party Bodily Injury and Property Damage Insuring Agreement We will pay in excess of the self insured retention those sums the insured becomes legally obligated to pay as damages because of a claim for bodily injury or property damage to the personal property of a third party only arising out of a pollution condition on at or under a covered location. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. D.2 Off Site Third Party Bodily Injury Property Damage and Remediation Costs Insuring Agreement We will pay in excess of the self insured retention those sums the insured becomes legally obligated to pay as damages because of a claim for bodily injury property damage or remediation costs of a third party only arising out of a pollution condition migrating from a covered location. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. D.3 On Site and Off Site Government Action Insuring Agreement We will pay in excess of the self insured retention those sums the insured becomes legally obligated to pay as a result of a government action arising out of a pollution condition on at under or migrating from a covered location. We will have the right and duty to defend the insured against any government action. However we will have no duty to defend the insured against any government action to which this insurance does not apply. D.4 Off Site Transportation Pollution Liability Insuring Agreement We will pay in excess of the self insured retention those sums the insured becomes legally obligated to pay as damages because of a claim arising out of a pollution condition caused by your waste or your products during the course of transportation. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. D.5 Off Site Non Owned Disposal Sites Lial We will pay in excess of the self insured retention those sums the insured becomes legally obligated to pay a as damages a result of a claim for remediation costs of a third party only or b as a result of a government action arising out of a pollution condition migrating from a non owned disposal site. We will have the right and duty to defend the insured against any such government action or claim. However we will have no duty to defend the insured against any claim or government action seeking damages to which this insurance does not apply. lity Insuring Agreement The insurance afforded in this Coverage D above shall only apply if 1 The pollution condition first commences during the policy period or prior to the policy period but subsequent to the Retroactive Date and before the end of the policy period identified in the Declarations and 2 The claim or government action is first made against the insured and reported to us in writing during the policy period or extended reporting period if any. 2. Exclusions The insurance afforded under this Coverage D does not apply to any claim or government actions including any legal defense expense arising out of or related to a. Asbestos PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 10 of 39 | 1 |
Asbestos or asbestos containing materials. This exclusion does not apply to remediation costs related to asbestos or asbestos containing materials discovered in soil or groundwater. Contractual Liability Liability of others assumed by an insured through contract or agreement except if the liability would have attached to the insured in the absence of such contract or agreement. This exclusion does not apply to environmental indemnity obligations. Divested Property Any pollution condition at a covered location where such pollution condition first commenced after the covered location had been sold abandoned or given away by any insured or was condemned. Employers Lial Bodily injury to 1 Aninsured or an employee of its parent subsidiary or affiliate a Arising out of and in the course of employment by any insured or its parent subsidiary or affiliate or b Performing duties related to the conduct of the insured s business. 2 The spouse child parent brother or sister of such insured or employee of its parent subsidiary or affiliate as a consequence of Subparagraph a. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of such bodily injury. Fines and Penalties Criminal fines or criminal penalties punitive exemplary or multiplied damages or any associated claims for injunctive relief in addition to such fines penalties or damages. This exclusion does not apply to any legal defense expense associated with such fines penalties or damages. This exclusion does not apply to coverage for punitive damages where such coverage is allowed by law. First Party Property Damage Damage to real or personal property owned by leased to loaned to or rented by an insured or otherwise in the care custody or control of an insured. Fraud or Misrepresentation Fraud or material misrepresentation on the part of any insured. Insured s Internal Expenses Expenses incurred by the insured for services performed by its salaried staff and employees. This exclusion does not apply to emergency response or any costs charges or expense incurred with our prior written approval at our sole discretion. Intentional Non Compliance The intentional disregard of or knowing willful or deliberate non compliance with any law statute regulation administrative complaint notice of violation notice letter instruction of any governmental agency or body or executive judicial or administrative order by any responsible insured. Known Conditions Pollution conditions in existence prior to the policy period and reported to a responsible insured but not specifically referenced or identified in documents listed on the Schedule of Known Conditions Endorsement attached to this policy. Lead Based Paint Lead based paint or any material or substance containing lead based paint. This exclusion does not apply to remediation costs arising out of lead based paint or substance containing lead based paint discovered in soil or groundwater. PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 11 of 39 | 1 |
Material Change in use A change in use of or operations at a covered location that materially increases the likelihood or severity of a pollution condition or claim from the intended uses or operations identified by an insured to us prior to the inception date of this policy. This exclusion applies only to the covered location associated with the change in use or operations and shall not limit coverage for other covered locations under this policy. Naturally Occurring Materials The presence or removal of naturally occurring materials. This exclusion does not apply in those circumstances where such substances are present at the covered locations as a result of human activities or human processes. Nuclear or Radioactive Material The actual alleged or threatened exposure of persons or property to radioactive toxic or explosive properties of nuclear material. On Remediation costs for pollution conditions on at or under a covered location. This exclusion also applies to remediation costs or any other costs incurred or attributable to pollution conditions on at or under a covered location even if such costs are incurred to prevent or abate a pollution condition that has migrated from a covered location. ite Remediation Costs This exclusion does not apply to remediation costs resulting from a government action covered under Coverage D.3 On Site and Off Site Government Action. Non Owned Disposal Sites Pollution conditions on at under or migrating from a non owned disposal site. This exclusion does not apply to coverage afforded under Coverage D.5 Off Site Non Owned Disposal Sites Liability if provided under this policy. Underground Storage Tanks Pollution conditions emanating from an underground storage tank located at a covered location 1 When the existence of such underground storage tank was known to a responsible insured prior to the policy period and 2 Which underground storage tank is not listed in the Schedule of Insured Underground Storage Tanks if applicable or 3 If an underground storage tank has been closed or removed and is not identified on the Schedule of Known Conditions Endorsement if applicable. Vehicles Use maintenance or operation including loading or unloading of a vehicle or other conveyance beyond the boundaries of the covered location. This exclusion does not apply to coverage afforded under Coverage D.4 Off Site Transportation Pollution Liability if provided under this policy. War Pollution conditions based upon arising out of or attributable to whether directly or indirectly any acts that involve or that involve preparation for war regardiess of any other cause or event that contributes concurrently in any sequence to the resultant injury or damage. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Named Insured Versus Named Insured PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 12 of 39 | 1 |
Claims made by a named insured against any other named insured. Insurance Provided in Other Coverage Sections Any injury damage expense cost loss liability or legal obligation for which coverage is provided by any other coverage section of this policy. COVERAGE E SUDDEN AND ACCIDENTAL POLLUTION LIABILITY THIS COVERAGE IS PROVIDED ON A CLAIMS MADE AND REPORTED BASIS WHICH COVERS ONLY CLAIMS FIRST MADE AGAINST THE INSURED AND REPORTED TO THE INSURER DURING THE POLICY PERIOD. PLEASE READ THIS POLICY CAREFULLY. Coverage for legal defense expenses erodes and will be counted against the Limits of Insurance and the self insured retention for Coverage E. 1. Insuring Agreement We will pay in excess of the self insured retention those sums the insured becomes legally obligated to pay as damages because of a claim for bodily injury or property damage of a third party only including any legal defense expense arising out of a pollution condition on at under or migrating from a covered location. The insurance afforded under this Coverage E shall only apply if a. The bodily injury or property damage results from a pollution condition that first commences during the policy period and b. Such pollution condition first commences at an identified time and place during the policy period and c. Any insured first discovers the pollution condition no later than ten 10 calendar days after it first commences and d. Any insured reports the pollution condition to us in writing no later than thirty 30 business days following its discovery by the insured as described in Paragraph c. above and in any event during the policy period and. Such pollution conditions do not arise out of or are not related to any underground storage tank and f. Such pollution condition is not 1 Heat smoke or fumes from a hostile fire or 2 Solely with respect to bodily injury smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests and g. Such pollution condition is not a continuation or repetition of any other release event. The insurance afforded under this Coverage E shall only apply if 1 The pollution condition first commences during the policy period or prior to the policy period but subsequent to the Retroactive Date and before the end of the policy period and 2 The claim or government action is first made against the insured and reported to us in writing during the policy period or extended reporting period if any. 2. Exclusions The insurance afforded under this Coverage E does not apply to any claim including any legal defense expense arising out of or related to a. Asbestos Asbestos or asbestos containing materials. b. Contractual Liability Liability of others assumed by any insured through contract or agreement except if the liability would have attached to any insured in the absence of such contract or agreement. PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 13 of 39 | 1 |
This exclusion does not apply to environmental indemnity obligations. Divested Property Any Pollution condition at a covered location where such pollution condition first commenced after the covered location had been sold abandoned or given away by any insured or was condemned. Employers Lial Bodily injury to 1 Any insured or an employee of its parent subsidiary or affiliate a Arising out of and in the course of employment by any insured or its parent subsidiary or affiliate or b Performing duties related to the conduct of any insured s business. 2 The spouse child parent brother or sister of such insured or employee of its parent subsidiary or affiliate as a consequence of Subparagraph a. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of such bodily injury. Fines and Penalties Criminal fines or criminal penalties punitive exemplary or multiplied damages or any associated claims for injunctive relief in addition to such fine penalties or damages. This exclusion does not apply to coverage for punitive damages where such coverage is allowed by law. This exclusion does not apply to any legal defense expense associated with such fines penalties or damages. First Party Property Damage Damage to real or personal property owned by leased to loaned to or rented by any insured or otherwise in the care custody or control of any insured. Fraud or Misrepresentation Fraud or material misrepresentation on the part of any insured. Insured s Internal Expenses Expenses incurred by any insured for services performed by its salaried staff and employees. This exclusion does not apply to emergency response or any costs charges or expense incurred with our prior written approval at our sole discretion. Intentional Non Compliance The intentional disregard of or knowing willful or deliberate non compliance with any law statute regulation administrative complaint notice of violation notice letter instruction of any governmental agency or body or executive judicial or administrative order by any insured. Known Conditions Pollution conditions in existence prior to the policy period and reported to any responsible insured. Lead Based Paint Lead based paint or any material or substance containing lead based paint. This exclusion does not apply to remediation costs arising out of lead based paint or substance containing lead based paint discovered in soil or groundwater. Material Change in Use A change in the use of or operations at a covered location that materially increases the likelihood or severity of a pollution condition or claim from the intended uses or operations identified by any insured to us prior to the inception date of this policy. This exclusion applies only to the covered location associated with the change in use or operations and shall not limit coverage for other covered locations under this policy. Naturally Occurring Materials PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 14 of 39 | 1 |
The presence or removal of naturally occurring materials. This exclusion does not apply in those circumstances where such substances are present at a covered location as a result of human activities or human processes. Nuclear or Radioactive Material The actual alleged or threatened exposure of persons or property to radioactive toxic or explosive properties of nuclear material. Remediation Costs Remediation costs even if such costs are incurred to prevent or abate a pollution condition. Non Owned Disposal Sites Pollution conditions on at under or migrating from a non owned disposal site. Vehicles Use maintenance or operation including loading or unloading of a vehicle or other conveyance beyond the boundaries of the covered location. War Pollution conditions based upon arising out of or attributable to whether directly or indirectly any acts that involve or that involve preparation for war regardiess of any other cause or event that contributes concurrently in any sequence to the resultant injury or damage. Workers Compensation and Similar Laws Any obligation of any insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Named Insured Versus Named Insured Claims made by a named insured against any other named insured. Insurance Provided in Other Coverage Sections Any injury damage expense cost loss liability or legal obligation for which coverage is provided by any other coverage section of this policy. COVERAGE F POLLUTION DISCOVERY CLEANUP THIS COVERAGE IS PROVIDED ON A CLAIMS MADE AND REPORTED BASIS WHICH COVERS ONLY CLAIMS FIRST MADE AGAINST THE INSURED AND REPORTED TO THE INSURER DURING THE POLICY PERIOD. PLEASE READ THIS POLICY CAREFULLY. Coverage for legal defense expenses erodes and will be counted against the Limits of Insurance and the self insured retention for Coverage F. 1. Insuring Agreement We will pay excess of the self insured retention those sums you are legally obligated to pay as remediation costs arising out of pollution conditions on at under or migrating from a covered location. The insurance afforded under this Coverage F shall only apply if a. The pollution condition first commences during the policy period or prior to the policy period but subsequent to the Retroactive Date identified in the Declarations and b. The pollution condition is first discovered by you and reported to us in writing during the policy period or extended reporting period if any. 2. Exclusions PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 15 of 39 | 1 |
The insurance afforded under this Coverage F does not apply to remediation costs including any legal defense expense arising out of or related to Asbestos Asbestos or asbestos containing materials. This exclusion does not apply to remediation costs arising out of or related to asbestos or asbestos containing materials discovered in soil or groundwater. Claims or Legal Defense Expenses Any claims or associated legal defense expenses. Contractual Liability Liability of others assumed by any insured through contract or agreement except if the liability would have attached to any insured in the absence of such contract or agreement. This exclusion does not apply to environmental indemnity obligations. Divested Property Pollution conditions at a covered location where such pollution condition first commenced after the covered location had been sold abandoned or given away by any insured or was condemned. Fines and Penalties Criminal fines or criminal penalties punitive exemplary or multiplied damages or any associated claims for injunctive relief in addition to such fines penalties or damages. This exclusion does not apply to any legal defense expense associated with such fines penalties or damages. This exclusion does not apply to coverage for punitive damages where such coverage is allowed by law. First Party Property Damage Damage to real or personal property owned by leased to loaned to or rented by any insured or otherwise in the care custody or control of any insured. Fraud or Misrepresentation Fraud or material misrepresentation on the part of any insured. Internal Expenses Expenses incurred by you for services performed by any of its salaried staff and employees. The exclusion does not apply to emergency response or any costs charges or expense incurred with our prior written approval at our sole discretion. Intentional Non Compliance The intentional disregard of or knowing willful or deliberate non compliance with any statute regulation administrative complaint notice of violation notice letter instruction of any governmental agency or body or executive judicial or administrative order by any responsible insured. Known Conditions Pollution conditions in existence prior to the policy period and reported to a responsible insured but not specifically referenced or identified in documents listed on the Schedule of Known Conditions Endorsement attached to this policy. Lead Based Paint Lead based paint or any material or substance containing lead based paint. This exclusion does not apply to remediation costs arising out of lead based paint or substance containing lead based paint discovered in soil or groundwater. Material Change in Use A change in the use of or operations at a covered location that materially increases the likelihood or severity of a pollution condition or claim from the intended uses or operations identified by an insured to us prior to the inception of this policy. PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 16 of 39 | 1 |
This exclusion applies only to the covered location associated with the change in use or operations and shall not limit coverage for other covered locations under this policy. Naturally Occurring Materials The presence or removal of naturally occurring materials. This exclusion does not apply in those circumstances where such substances are present at a covered locations as a result of human activities or human processes. Non Owned Disposal Sites Pollution conditions on at under or migrating from a non owned disposal site. Nuclear or Radioactive Material The actual alleged or threatened exposure of persons or property to radioactive toxic or explosive properties of nuclear material. Underground Storage Tanks Pollution conditions emanating from an underground storage tank located at a covered location 1 When the existence of such underground storage tank was known to a responsible insured prior to the policy period and 2 Which underground storage tank is not listed in the Schedule of Insured Underground Storage Tanks if applicable or 3 If an underground storage tank has been closed or removed and is not identified on the Schedule of Known Conditions Endorsement if applicable. War Pollution conditions based upon arising out of or attributable to whether directly or indirectly any acts that involve or that involve preparation for war regardiess of any other cause or event that contributes concurrently in any sequence to the resultant injury or damage. Insurance Provided in Other Coverage Sections Any injury damage expense cost loss liability or legal obligation for which coverage is provided by any other coverage section of this policy. GENERAL POLLUTION LIABILITY COVERAGE COVERAGE G PRODUCTS POLLUTION HOSTILE FIRE AND CONTRACTORS POLLUTION LIABILITY 1. Insuring Agreements G.1 Products Pollution Liability Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as a damages because of a bodily injury property damage or b remediation costs to which this insurance applies caused by a pollution condition arising out of your product and included in the products completed operations hazard. G.2 Hostile Fire and Building Equipment Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay 1 As damages because of bodily injury property damage or remediation costs arising out of a pollution condition resulting from heat smoke or fumes from a hostile fire or 2 As damages because of bodily injury arising out of a pollution condition resulting from smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for the building s occupants or their guests. PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 17 of 39 | 1 |
G.3 Contractor s Pollution Lial ly We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury property damage or remediation costs of a third party only arising out of a pollution condition resulting from your work. With respect to Insuring Agreements G.1 G.2 and G.3 above a We will have the right and duty to defend the insured against any suit seeking those damages or remediation costs. However we will have no duty with respect to any claim suit occurrence or pollution condition to which this insurance does not apply. We may at our discretion investigate any occurrence or pollution condition and settle any claim or suit that may result. But i The amount we will pay for damages or remediation costs is limited as described in Section IV Limits Of Insurance and i Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A B or G or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A B and G of Section Il Defense Obligations and Supplementary Payments. b This insurance applies only if The occurrence or pollution condition takes place in the coverage territory The bodily injury property damage or pollution condition first takes place during the policy period and Prior to the policy period no insured listed under Paragraph 1.of Section lll Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence pollution condition or claim knew that the bodily injury property damage or pollution condition had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury property damage or pollution condition occurred then any continuation change or resumption of such bodily injury property damage or pollution condition during or after the policy period will be deemed to have been known prior to the policy period. c Bodily injury property damage or a pollution condition which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section lll Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence pollution condition or claim includes any continuation change or resumption of that bodily injury property damage or pollution condition after the end of the policy period. Bodily injury property damage or a pollution condition will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section lll Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim i Reports all or any part of the bodily injury property damage or pollution condition to us or any other insurer ii Receives a written or verbal demand or claim for damages because of the bodily injury property damage or pollution condition or iii Becomes aware by any other means that bodily injury property damage or pollution condition has occurred or has begun to occur. e Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions The insurance afforded under this Coverage G does not apply to a. Expected or Intended Injury property damage or a pollution condition expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 18 of 39 | 1 |
b. Contractual Lial lity Liability for damages or remediation costs by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages or remediation costs 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury property damage or pollution condition occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury property damage or pollution condition provided 3 Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and 4 Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. d. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. e. Aircraft Auto Or Watercraft Bodily injury property damage or remediation costs arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than fifty one 51 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury property damage or remediation costs arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged or PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 19 of 39 | 1 |
b The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the Definition of mobile equipment. Mobile Equipment Bodily injury property damage or remediation costs arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. War Bodily injury property damage or remediation costs however caused arising directly or indirectly out of war. Damage to Property Property damage to or a pollution condition on at or under 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage or pollution condition arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage or pollution condition arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of twenty one 21 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section IV Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage or a pollution condition included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 20 of 39 | 1 |
2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Recording or Distribution of Material or Information in Violation of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 4 Any federal state or local statute ordinance or regulation other then the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material information. Asbestos Bodily injury property damage or remediation costs arising out of asbestos or asbestos containing materials. Lead Bodily injury property damage or remediation costs arising out of the toxic properties of lead or lead containing products or materials. Professional Services Bodily injury property damage or remediation costs arising out of the rendering of or failure to render any professional service including but not limited to recommendations opinions and strategies rendered for architectural consulting design and engineering work such as drawings designs maps reports surveys change orders plan specifications assessment work remedy selection site maintenance equipment selection and related construction management supervisory inspection or engineering services. Radioactive Matter Bodily injury property damage or remediation costs arising out of the actual alleged or threatened exposure of persons or property to any radioactive matter or any form of radiation. PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 21 of 39 | 1 |
Employment Related Practices Bodily injury to 1 Aperson arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after employment of that person 2 Whether the insured may be liable as an employer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. Intentional Non Compliance Any claim arising out of or related to the intentional disregard of or knowing willful or deliberate non compliance with any statute regulation administrative complaint notice of violation notice letter instruction of any governmental agency or body or executive judicial or administrative order by any responsible insured. Non Owned Disposal Sites Any claim arising out of or related to pollution conditions on at under or migrating from a non owned disposal site. Insured s Internal Expenses Any claim arising out of or related to expenses incurred by any insured for services performed by its salaried staff and employees. This exclusion does not apply to emergency response or any costs charges or expense incurred with our prior written approval at our sole discretion. Fines and Penalties Any claim arising out of or related to criminal fines or criminal penalties punitive exemplary or multiplied damages or any associated claims for injunctive relief in addition to such fines penalties or damages. This exclusion does not apply to any legal defense expense associated with such fines penalties or damages. This exclusion does not apply to coverage for punitive damages where such coverage is allowed by law. Insurance Provided in Other Coverage Sections Any injury damage expense cost loss liability or legal obligation for which coverage is provided by any other coverage section of this policy. SECTION Il DEFENSE OBLIGATIONS AND SUPPLEMENTARY PAYMENTS SUPPLEMENTARY PAYMENTS COVERAGE A B AND G 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 22 of 39 | 1 |
Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met b. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract This insurance applies to such liability assumed by the insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraphs 2.b.2 of Coverage A and Coverage G such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. DEFENSE REMEDIATION AND SETTLEMENT COVERAGES D E AND F PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 23 of 39 | 1 |
We will have the right and the duty to defend the insured against a claim to which Coverages D and E apply. We shall have no duty to defend the insured against any claims to which this insurance does not apply. Our duty to defend ends once the applicable Limits of Insurance are exhausted or are tendered into a court of applicable jurisdiction or once the insured refuses a settlement offer as provided in Paragraph 5. below. We will have the right to select legal counsel to represent the insured for the investigation adjustment and defense of any claims covered under Coverages D and E. Selection of legal counsel shall not be done without the insured s consent such consent shall not be unreasonably withheld delayed conditioned or denied. Legal defense expenses incurred prior to the selection of legal counsel by us will not be covered under this policy or credited against the self insured retention. You will have the right and the duty to retain a qualified environmental consultant to perform any investigation andor remediation of any pollution condition under Coverage F. You must receive our written consent prior to the selection and retention of such consultant except in the event of an emergency response. Any costs incurred prior to our consent will not be covered under this policy or credited against the self insured retention except in the event of an emergency response. With respect to Coverage D and E only legal defense expense shall be applied against and reduce the Pollution Aggregate Limit identified in Item 5 of the Declarations. With respect to Coverages D and E only legal defense expense shall erode and be counted against the self insured retention. We will present all settlement offers to the insured. If we recommend a settlement which is acceptable to a claimant exceeds any applicable self insured retention is within the Limits of Insurance and does not impose any additional unreasonable burdens on the insured and the insured refuses to consent to such settlement offer then our duty to defend shall end. Thereafter the insured shall defend such claim independently. Our liability shall not exceed the amount for which the claim could have been settled if our recommendation had been accepted exclusive of the self insured retention. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as b. e. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured Your volunteer workers only while performing duties related to the conduct of your business or your employees other than your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 24 of 39 | 1 |
b. c. d. duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above. 2 Bodily injury arising out of his or her providing or failing to provide professional health care services except for bodily injury arising out of incidental medical malpractice injury by any licensed physician dentist nurse or other medical practitioner employed or retained by you and acting within the scope of his or her license. The insurance provided hereunder to such persons shall not apply to liability arising out of services performed outside of the scope of their duties as your employees. Any series of continuous repeated or related acts will be treated as the occurrence of a single negligent professional health care service. Incidental medical malpractice injury means bodily injury arising out of the rendering or failure to render a Medical surgical dental x ray or nursing service or treatment or the furnishing of food or beverages in connection therewith or b The furnishing or dispensing of drugs or medical dental or surgical supplies or appliances. 3 Property damage to property a Owned occupied or used by or b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under Coverages A B C and G. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a named insured if there is no other similar insurance available to that organization. However b. Coverage under these Coverage section provisions is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier Coverage A and G does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not a named insured. With respect to Coverages D E and F insured includes any past or present director officer partner or employee of any insured while acting within the scope of his or her duties as such. SECTION IV LIMITS OF INSURANCE PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 25 of 39 | 1 |
The Limits of Insurance identified in the Declarations and the rules below fix the most we will pay regardless of the number of a. b. c. Insureds Claims made or suits or government actions brought or Persons or organizations making claims or bringing suits. Coverages A B.Cand G 1. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazar c. Damages under Coverage B and d. Damages and remediation costs under Coverage G except damages because of bodily injury or property damage or remediation costs included in the products completed operations hazard. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A and Coverage G for damages because of bodily injury and property damage and remediation costs included in the products completed operations hazard. Subject to Paragraph 1. above the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. Subject to Paragraphs 1. or 2. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. Subject to Paragraph 4. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. Subject to Paragraph 4. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. Subject to Paragraph 1. or 2. above the Each Pollution Condition Limit is the most we will pay under Coverage G for all claims arising from the same continuous repeated or related pollution conditions. Coverages D Eand F 1. One self insured retention shall apply to all claims or government actions including any legal defense expense arising from the same continuous repeated or related pollution condition. It is expressly agreed that our obligation to pay for any claims or government actions including any legal defense expense shall only apply after you have paid the full amount of the self insured retention. Under no circumstance will we be liable to pay any amount within the self insured retention. The Aggregate Pollution Limit is the most we will pay under this policy for all pollution conditions including any legal defense expense. Subject to Paragraph 3 above the Each Pollution Condition Limit is the most we will pay for all claims or government actions including any associated legal defense expense arising from the same continuous repeated or related pollution conditions. If we or one of our affiliates have issued claims made coverage to you over successive policy periods then any claims arising out of the same continuous repeated or related pollution condition that are reported to us over multiple policy periods PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 26 of 39 | 1 |
shall be treated as a single claim. Said claim will be subject to the Limits of Insurance and self insured retention of the policy in effect at the time that the pollution condition was first reported to us. 6. No other Limit of Insurance for any other coverage section in this policy shall be available to pay for any injury damage expense cost loss liability or legal obligation covered under Coverages D E and F. No Limit of Insurance applicable to Coverages D E and F shall be available to pay for any injury damage expense cost loss liability or legal obligation covered pursuant to any other Coverage Part in this policy. The Limits of Insurance for this policy apply separately to each consecutive annual period and to any remaining period of less than twelve 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than twelve 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION V CONDITIONS 1. Cancellation a. This policy may be cancelled only by the first named insured or through the first named insured s agent by mailing to us at the address listed in Item 1 of the Declarations written notice stating when such cancellation shall be effective. b. This policy may be cancelled by us for the following reasons 1 Non payment of premium 2 Fraud or material misrepresentation on the part of the insured 3 Achangein a Operations at a covered location during the policy period from the description identified in the Application and supporting materials which results in a material increase in the likelihood or severity of claims or pollution conditions or b Covered operations during the policy period from the description identified in the Application and supporting materials which results in a material increase in the likelihood or severity of claims or pollution conditions 4 Failure to comply with material terms conditions or obligations under this policy including failure to comply with your duty to pay or reimburse us for any applicable deductible. Cancellation by us shall be by mailing to the first named insured at the first named insured s last known address written notice stating when not less than sixty 60 days thereafter fifteen 15 days if cancellation is for non payment of any unpaid portion of the premium such cancellation shall be effective. The mailing of notice shall be sufficient proof of notice. The policy period will end on the effective date and hour of cancellation stated in the notice. c. Inthe event of cancellation we will retain a minimum earned premium indicated in the Declarations. The cancellation will be effective even if we have not made or offered a refund. Bankruptcy The insolvency or bankruptcy of any insured will not relieve us of our obligations under this policy. However any such insolvency or bankruptcy of an insured or an insured s estate will not relieve the first named insured of its obligation with respect to any applicable self insured retention or deductible under this policy. This insurance will not replace any other insurance to which this policy is excess nor will this policy drop down to be primary in the event of the insolvency or bankruptcy of any underlying insurer. Duties In The Event Of Occurrence Offense Claim Or Suit Coverages A B and C You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 27 of 39 | 1 |
e. 3 The nature and location of any injury or damage arising out of the occurrence or offense. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must also see to it that we receive written notice of the claim or suit as soon as practicable. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. Notice will be made to the address indicated in Item 8 of the Declarations. Duties in the Event of a Pollution Condition Claim including a Suit or Government Action Related to Pollution Coverages D E Fand G b. f. In the event you discover a pollution condition during the policy period you must take all reasonable measures to provide us with immediate notice by first calling the Pollution Emergencies 247 Hotline at 888 251 3870. The insured must see to it that we receive prompt written notice of any claim or government action at the address specified below. Notice should include reasonably detailed information as to 1 The identity of the insured 2 The covered location 3 The nature of the claim or government action and the pollution condition and 4 Any steps undertaken by you to respond to the claim or government action. The insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with any claim or government action 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation settlement or defense of the claim or government action and 4 Upon our request assist us in the enforcement of any right against any person or organization which may be liable to you because of injury or damage to which this policy may also apply. No insured shall make or authorize an admission of liability or attempt to settle or otherwise dispose of any claim or government action without our written consent. You will not incur any remediation costs without our written consent except in the event of an emergency response. In the event of a pollution condition you shall make every attempt to mitigate any loss comply with applicable environmental laws and retain qualified contractors or consultants. We shall have an opportunity to participate in the selection retention and oversight of such contractors or consultants. We shall have the right but not the duty to mitigate such pollution conditions if in our sole judgment you fail to take reasonable steps to do so. Any remediation costs we incur shall be deemed incurred by you and shall be subject to the self insured retention and Limits of Insurance listed herein. Notice will be made to PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 28 of 39 | 1 |
ACE Custom Casualty Claims PO Box 31079 Tampa FL 33631 3079 Pollution Emergencies Should First Be Called Into 888 251 3870 247 Hotline Multiple Coverage Parts Any suit or claim or portion thereof arising out of the same occurrence or pollution condition respectively which may be alleged as covered under any coverage section of this policy shall not be covered under those coverage section if we have already accepted coverage or coverage has already been held to apply for any other suits or claims or portions thereof arising out of the same continuous repeated or related occurrence or pollution condition or any continuation or repetition or series of related occurrences or pollution conditions under any of the other coverage sections of this policy. This condition does not apply to any claim for medical expenses under Coverage C caused by bodily injury which is covered under Coverage A D E or G. Legal Action Against Us No person or organization has a right under this policy a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limit of Insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance Coverage A B C and G If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A B C or G of this policy our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i Thatis Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to the Aircraft Auto or Watercraft Exclusions of Coverage A and F. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured by attachment of an endorsement. 2 When this insurance is excess we will have no duty under Coverages A B or G to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 29 of 39 | 1 |
a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance identified in the Declarations of this Coverage Part. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Coverages D Eand F If other valid and collectible insurance is available to the insureds covering a loss also covered by Coverages D E and F of this policy other than an insurance policy that is specifically written to apply in excess of this policy the insurance afforded by this policy shall apply in excess of and shall not contribute with such other insurance. 8. Inspection and Survey We have the right to 1 Make inspections and surveys at any time 2 Give you reports on the conditions we find and 3 Recommend changes. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions 1 Are safe or healthful or 2 Comply with laws regulations codes or standards. Paragraphs a. and b. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. Paragraph b. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. To the extent you have the ability to provide such access and with reasonable notice to the insured we shall be permitted but not obligated to inspect and sample the covered locations. You shall have the concurrent right to collect split samples. Neither our right to make inspections the making of said inspections nor any report thereon shall constitute an undertaking on behalf of or for the benefit of you or others to determine or warrant that such property or operations are safe or in compliance with environmental law or any other law. 9. Examination of Your Books and Records We may examine and audit the your books and records as they relate to this policy at any time during this policy period and extensions thereof and within three 3 years after the final termination of this policy. 10. Premium Audit a. b. We will compute all premiums for this policy in accordance with our rules and rates. The premium shown in the Declarations is a deposit premium only. If we audit at the close of each audit period we will compute the earned premium for that period and send notice to the first named insured. The due date for audit premiums is the date shown as the due date on the bill. If the sum of the deposit premium and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first named insured. PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 30 of 39 | 1 |
11. 12. 13. 14. 15. 16. 17. c. The first named insured must keep records of the information we need for premium computation and send us copies at such times as we may request. Representations By accepting this policy you agree a. The statements in the Declarations Schedules and Application for this policy are accurate and complete b. Those statements are based upon representations you made to us and. We have issued this policy in reliance upon your representations. Separation Of Insureds Except with respect to the Limits of Insurance the Fraud or Misrepresentation Exclusions the Named Insured Versus Named Insured Exclusions and any rights or duties specifically assigned in this policy to the first named insured this insurance applies a. Asif each named insured were the only named insured and b. Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. With respect to Coverages D E and F any recovery as a result of subrogation proceedings arising under this policy shall accrue first to you to the extent of any payments in excess of the Limits of Insurance then to us to the extent of our payment under the policy and then to you to the extent of the self insured retention. Expenses incurred in such subrogation proceedings shall be apportioned among the interested parties in the recovery in the proportion that each interested party s share in the recovery bears to the total recovery. Headings The descriptions in the headings and sub headings of this policy are inserted solely for convenience and do not constitute any part of the terms or conditions hereof. Consent Where our consent or your consent respectively is required under this policy such consent shall not be unreasonably withheld delayed conditioned or denied. When We Do Not Renew If we decide not to renew this policy we will mail or deliver to the first named insured identified in the Declarations written notice of the non renewal not less than sixty 60 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. Transfer of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. SECTION VI EXTENDED REPORTING PERIOD Coverages D E and F only 1. We will provide one or more extended reporting periods as described below if a. Coverage D E or F are canceled or not renewed or b. We renew or replace Coverage D E or F with insurance that PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 31 of 39 | 1 |
1 Has a Retroactive Date later than the date shown in the Schedule below or 2 Does not apply on a claims made basis. Extended reporting periods do not extend the policy period or change the scope of coverage provided. They apply only to claims or government actions that occur before the end of the policy period but not before the Retroactive Date if any shown in the Declarations. Once in effect extended reporting periods may not be canceled. A Basic extended reporting period is automatically provided without additional charge. This period starts with the end of the policy period and lasts for a. Five years with respect to claims or government actions arising from pollution conditions reported to us not later than sixty 60 days after the end of the policy period in accordance with Condition 4. of Section V b. Sixty 60 days with respect to claims or government actions arising from pollution conditions not previously reported to us. The Basic extended reporting period does not apply to claims or government actions that are covered under any subsequent insurance you purchase or that would be covered but for exhaustion of the amount applicable to such claims or government actions. A Supplemental extended reporting period of up to thirty six 36 months is available but only by an endorsement and for an extra charge of not more than 200 of the original premium applicable to Coverages D E and F. This Supplemental extended reporting period starts when the Basic extended reporting period set forth in paragraph 3 above ends. You must give us a written request for the endorsement within sixty 60 days after the end of the policy period. The Supplemental extended reporting period will not go into effect unless you pay the additional premium promptly when due. The Basic or Supplemental extended reporting periods will not reinstate or increase any of the Limits of Insurance applicable to Coverages D E and F. These extended reporting periods will not extend the policy period or change the scope of coverage. Instead any claim or government action first made against an insured during the policy period or subsequent to the policy period but during an extended reporting period and reported to us within an extended reporting period will be deemed to have been made and reported on the last day of the policy period. In the event that the insured has purchased any other insurance to replace the insurance provided pursuant to this endorsement the coverage afforded under Coverages D E and F for claims or government actions first made and reported during such extended reporting period shall be excess over any other valid and collectible replacement insurance. Notice of election to purchase the Supplemental extended reporting period must be made to the address stated in the Declarations for All Other Notices. SECTION VII DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However auto does not include mobile equipment. PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 32 of 39 | 1 |
11. 12. 13. 14. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Certified industrial hygienist means a licensed professional as established by the American Board of Industrial Hygiene that is a. Mutually agreed upon between you and us and b. Qualified by knowledge skill education and training to perform an assessment of the fungal ecology of a property building systems and or contents prepare an investigation protocol interpret the results and prepare a scope of work to remediate the site to an ordinary ambient indoor air ecology for similar indoor environments. We may also exercise our right to require that such certified industrial hygienist have certain minimum qualifications with respect to their competency including experience with similar fungi remediation projects. Claim means the written assertion of a legal right received by the insured including but not limited to a suits or other actions alleging responsibility or liability on the part of the insured for damages arising out of pollution conditions under Coverages D E F or G. With respect to Coverage A B or C claim means a written demand against any insured for monetary damages. Coverage territory means a. The United States of America including its territories and possessions b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. However with respect to Coverages D E and F coverage shall only apply to covered locations in the United States of America including its territories and possessions. Covered location means the locations identified in ltem 9.b of the Declarations or the Schedule of Covered Locations attached to this policy. Emergency response means actions taken and reasonable remediation costs incurred within seventy two 72 hours following the discovery of a pollution condition by insured in order to abate or respond to an imminent and substantial threat to human health or the environment arising from such pollution condition. Employee includes a leased worker. Employee does not include a temporary worker.. Environment includes any air land structure or the air therein watercourse or water including underground water and biota. Environmental emergencies means any pollution conditions that pose an imminent threat to human health safety or the environment thereby requiring an emergency response. Environmental indemnity obligations means an insured s obligation to defend or indemnify a third party with respect to a pollution condition to which this insurance otherwise applies provided that such defense or indemnity obligation is explicitly included within a contract identified on the Schedule of Insured Contracts Endorsement attached to this policy if any. Environmental laws means any federal state provincial municipal or other local laws statutes ordinances rules guidance documents regulations and all amendments thereto including state voluntary cleanup or risk based corrective action guidance governing the liability or responsibilities of the insured with respect to pollution conditions. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 33 of 39 | 1 |
15. 16. 17. 18. 19. 20. 21. 22 Extended reporting period means the additional period of time in which to report a claim or government action under Coverage D E and F of this policy first made against the insured subsequent to the end of the policy period arising from a pollution condition to which this insurance applies. First named insured means the person or entity as identified in Item 1 of the Declarations. The first named insured is the party responsible for payment of all premiums deductibles and self insured retentions. The first named insured will also serve as the sole agent on behalf of all insureds with respect to the provision and receipt of notices including notice of cancellation or non renewal receipt and acceptance of any endorsements or any other changes to this policy return of any premium assignment of any interest under this policy as well as the exercise of any applicable extended reporting period unless any such responsibilities are otherwise designated by endorsement. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. Government action means an order or directive that requires the insured to incur remediation costs or liability imposed by any federal state provincial municipal or other local government agency or body acting under environmental laws governing the liability of an insured with respect to actual or alleged pollution conditions. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. lllicit abandonment means the intentional placement abandonment or disposal on at or into a covered location by a person or entity that a. s not an insured b. Is not affiliated by common ownership with an insured and c. Does not maintain or has not maintained an ownership or operational interest in the covered location. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within fifty 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within fifty 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 34 of 39 | 1 |
23. 24 25. 26. 27. 28. a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Legal defense expense means reasonable legal costs charges and expenses including expert charges incurred in the investigation adjustment or defense of claims or any government actions under Coverages D E or G but does not include expenses for expert evaluations performed as part any required remedial investigation which if otherwise covered under Coverage D or E shall be considered damages or remediation costs. Loading or unloading means the handling of property a. Afteritis moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While itis in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Low level radioactive waste means waste that is radioactive but not classified as the following high level waste spent nuclear fuel or the highly radioactive waste produced if spent fuel is reprocessed uranium milling residues and waste with greater than specified quantities of elements heavier than uranium. Mixed waste means waste containing both radioactive and hazardous components as defined pursuant to United States law within the Atomic Energy Act and the Resource Conservation and Recovery Act as either may be amended. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads a Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraphs a. b.. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraphs a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 35 of 39 | 1 |
29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Named insured means the first named insured or any person or entity specifically endorsed onto this policy as a named insured if any. Such named insured shall maintain the same rights under this policy as the first named insured except for those specific notice rights otherwise explicitly reserved to the first named insured in this policy. Natural resource damages means damages for injury to destruction of or loss of fish wildlife biota land air water groundwater drinking water supplies and other similar resources belonging to managed by held in trust by appertaining to or otherwise controlled by the United States any state or local government any foreign government or any Indian tribe including the reasonable costs of assessing such injury destruction or loss resulting there from. Non owned disposal site means a site not owned or operated by the insured and in which the insured maintains no ownership interest which receives or has received the insured s waste. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. A pollution condition is not an occurrence. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Personal property means any property other than real property buildings permanent improvements or fixtures. Policy period means the period identified in Item 2 of the Declarations of this policy or any shorter period resulting from cancellation of this policy. 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. Pollution includes but is not limited to the actual alleged or potential presence in or introduction into the environment of a. Any substance if such substance has or is alleged to have the effect of making the environment impure harmful or dangerous b. Hazardous substances hazardous materials or c. Any pollutant. Pollution condition means The presence of fungi or legionella pneumophila or The discharge dispersal release escape migration seepage or illicit abandonment of any solid liquid gaseous or thermal irritant or contaminant including smoke soot vapors fumes acids alkalis chemicals hazardous substances hazardous materials or waste materials on in into or upon land and structures thereupon the atmosphere surface water PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 36 of 39 | 1 |
or groundwater. For purposes of this definition waste materials include but are not limited to low level radioactive waste and mixed waste. Movement via vehicle from the covered location to another location shall not be considered a discharge dispersal release escape migration or seepage. An occurrence is not a pollution condition. 39. Products completed operations hazard Includes all bodily injury and property damage and with respect to Coverage F only a pollution condition occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. Does not include bodily injury property damage or pollution condition arising out 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. 40. Property damage means a. 42. b. Physical injury to tangible property of third parties including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or Loss of use of tangible property of third parties that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it or With respect to Coverage D E F and G diminished value of property owned by third parties or natural resource damages. For the purposes of this policy electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Remediation costs means reasonable expenses incurred to investigate quantify monitor mitigate abate remove dispose treat neutralize or immobilize pollution conditions to the extent required by environmental law. If no applicable laws exist that govern the remediation of fungi or legionella pneumophila in the jurisdiction of the covered location necessary remediation costs may be established by securing the written professional recommendations of a certified industrial hygienist retained with our prior approval. Remediation costs shall also include a. b. Reasonable legal cost where such cost has been incurred by an insured with our prior written consent and Reasonable expenses required to restore repair or replace real or personal property to substantially the same condition it was in prior to being damaged during the course of responding to a pollution condition or government action. Responsible insured means any employee of an insured responsible for environmental affairs control or compliance at a covered location and any officer director or partner of an insured. PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 37 of 39 | 1 |
47. 50. 51. 52.. Self insured retention means the dollar amount indicated in Item 6 of the Declarations or as otherwise designated by endorsement to this policy.. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent.. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions.. Transportation means the movement of your waste goods or products by vehicle or other conveyance beyond the boundaries of a covered location by you or any third party vendor engaged in the business of transporting property for hire until such time as the waste goods or product is unloaded from the vehicle or other conveyance. Transportation does not include waste goods or products off loaded from the conveyance or waste goods or products in or on a conveyance at rest for a period longer than seventy two 72 hours prior to reaching its final destination. Underground storage tank means any storage tank and associated piping and appurtenances at any time connected thereto which storage tank has more than ten percent 10 of its volume below ground.. Vehicle means any aircraft auto recreational motor vehicle mobile equipment or watercraft.. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. War means a. War including undeclared or civil war b. War like action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include Vending machines or other property rented to or located for the use of others but not sold or any waste products or product that is to be recycled or re used. Your work a. Means 1 Work or operations performed by you or on your behalf and PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 38 of 39 | 1 |
2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. PC26085a 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 39 of 39 | 1 |
Illinois Union INSURANCE COMPANY 525 West Monroe Street Suite 700 Chicago IL 60661 NOTICE POLICY NO. APC G24922005 002 NAME OF INSURED Goradia Capital LLC ADDRESS 16800 Imperial Valley Drive Suite 499 Houston TX 77060 We are pleased to enclose your policy for this account. Please be advised that by binding this risk with the above referenced Surplus Lines Insurance Company you agree that as the Surplus Lines Broker responsible for the placement of this insurance policy it is your obligation to comply with all States Surplus Lines Laws including completion of any declarations affidavits that must be filed as well as payment of any and all Surplus Lines taxes that must be remitted to the States. We will look to you for indemnification if controlling Surplus Lines Laws are violated by you as the Surplus Lines broker responsible for the placement. The Surplus Lines Broker further confirms that this risk has been declined by three admitted carriers not including any insurer affiliated with the Surplus Lines Insurance Company. Thank you for this placement and your regulatory compliance. Date 01012014 WSG084 1003 | 2 |
NAMED INSURED ENDORSEMENT Named Insured Endorsement Number Goradia Capital LLC 1 Policy Symbol Policy Number Policy Period Effective Date of Endorsement APC G24922005 002 01012014 to 01012015 01012014 Issued By Name of Insurance Company Illinois Union Insurance Company Tnsert the policy number. The remainder of the information is to be completed only when this endorsement s issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following ACE POLLUTION AND CASUALTY INSURANCE POLICY It is agreed that the following persons and organizations are added as Named Insureds Haverhlll Chemical LLC n Copolymer LLC SBR n Copolymer Services LLC n Copolymer Geismar LLC EPDM Lion Copolymer Geismar I LLC EPDM Services LC Geismar Services LLC Lion Copolymer Holdings LLC Al other terms and conditions of this policy remain unchanged. Authorized Representative PC26855 0409 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
SCHEDULE OF COVERED LOCATIONS RETROACTIVE DATE ENDORSEMENT Named Insured Endorsement Number Goradia Capital LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement APC G24922005 002 01012014 to 01012015 01012014 Issued By Name of Insurance Company lllinois Union Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following ACE POLLUTION AND CASUALTY INSURANCE POLICY COVERAGES D and F POLLUTION LIABILITY INSURANCE Itis A. The coverage afforded under this policy applies to the covered locations listed in the Schedule below. B. The coverage for the covered locations listed below is afforded under this policy only for the Insuring Agreements as identified in the table below for each respective covered location. agreed that C. Solely with respect to the covered locations listed with a retroactive date no coverage under this policy shall be afforded for pollution conditions commencing in whole or in part prior to the listed retroactive date. Therefore this policy will not apply to remediation costs claims government action remediation costs or legal defense expenses arising out of or related to pollution conditions which commenced in whole or part prior to the listed retroactive date. SCHEDULE OF COVERED LOCATIONS Covered Location Insuring Agreement Retroactive Date 1 1019 Haverhill Ohio Furnace Road D1D2 D4 103111 Haverhill OH 45636 Non Owned Location 2 1943 Independence Parkway South D1D2 D4 103111 Laporte Texas 77571 Non Owned Disposal Sites 3 Clean Harbors Hebron OHD980587364 D5 010113 4 Green Valley Environmental KY000985739 D5 010113 5 Safety Kleen WVR000001446 D5 010113 6 Stericycle Inc. Parkersburk WV D5 010113 7 Veolia Environmental Services WC D5 103111 OHD093945293 8 Veolia Environmental Services Sauget D5 103111 1LD098642424 9 Veolia Environmental Texas TXD000838896 D5 103111 10 Veolia ES Technical Solutions NJD980536593 D5 103111 11 Veolia ES Technical Solutions WI D988566543 D5 010113 Al other terms and conditions of this policy remain unchanged. Authorized Representative PC26739 0309 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
EMPLOYEE BENEFITS LIABILITY COVERAGE ENDORSEMENT Named Insured Endorsement Number Goradia Capital LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement G24922005 002 01012014 to 01012015 01012014 Issued By Name of Insurance Company Illinois Union Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement s issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following ACE POLLUTION AND CASUALTY INSURANCE POLICY THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY SCHEDULE Limits of Insurance Each Employee Limit 1000000 Employee Benefits Aggregate Limit 1000000 Each Employee Deductible 1000 Retroactive Date 10312011 A. The following is added to Section Coverages COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreements a. We will pay those sums that the insured becomes legally obligated to pay as damages because of any act error or omission of the insured or any other person for whose acts the insured is legally liable to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. We may at our discretion investigate any report of an act error or omission and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Paragraph D. Section Il Limits of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settiements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A B and G of Section Il Defense Obligations and Supplementary Payments. b. This insurance applies to damages only if 1 The act error or omission is negligently committed in the administration of your employee benefit program 2 The act error or omission did not take place before the Retroactive Date if any shown in the Schedule or after the end of the policy period and PC267340309 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 7 | 2 |
3 A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this endorsement. c. A claim seeking damages will be deemed to have been made at the earlier of the following times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or 2 When we make settlement in accordance with Paragraph a. above. A claim received and recorded by the insured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. d. All claims for damages made by an employee because of any act error or omission or a series of related act errors or omissions including damages claimed by such employees dependents and beneficiaries will be deemed to have been made at the time the first of those claims is made against any insured. Exclusions This insurance does not apply to a. Dishonest Fraudulent Criminal or Malicious Act Damages arising out of any intentional dishonest fraudulent criminal or malicious act error or omission committed by any insured including the willful or reckless violation of any statute. b. Bodily Injury Property Damage Or Personal and Advertising Injury Bodily injury property damage or personal and advertising injury. c. Failure to Perform a Contract Damages arising out of a failure of performance of contract by any insurer. d. Insufficiency of Funds Damages arising out of an insufficiency of funds to meet obligations under any plan included in the employee benefit program. e. Inadequacy of Performance of Investment Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefits program. f. Workers Compensation and Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as now or hereinafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance. i. Taxes Fines or Penalties PC267340309 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 7 | 2 |
Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. Employment Related Practices Damages arising out of wrongful termination of employment discrimination or other employment related practices. Insurance Provided in Other Coverage Sections Any injury damage expense cost loss liability or legal obligation for which coverage is provided by any other coverage section of this policy. For the purposes of the coverage provided by this endorsement Al references to Supplementary Payments Coverages A B and G Section Il Defense Obligations and Supplementary Payments are replaced by Supplementary Payments Coverages A B G and Employee Benefits Liability. Paragraphs 1.b. and 2. of the Supplementary Payments provision do not apply. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of Section Il Who Is An Insured are replaced by the following Each of the following is also an insured a. Each of your employees who is or was authorized to administer your employee benefit program. b. Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your legal representative is appointed. c. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Endorsement. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if no other similar insurance applies to that organization. a. Coverage under this provision is afforded only until the 90 day after you acquire or form the organization or the end of the policy period whichever is earlier. b. Coverage under this provision does not apply to any act error or omission that was committed before you acquired or form the organization. For the purposes of the coverage provided by this Endorsement Section IV Limits Of Insurance is replaced by the following Limits Of Insurance a. The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits or government actions brought 3 Persons or organizations making claims or bringing suits 4 5 b. The Employee Benefits Aggregate Limit is the most we will pay for all damages because of acts errors or omissions negligently committed in the administration of your employee benefit program. Acts errors or omissions or Benefits included in your employee benefit program. PC267340309 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 7 | 2 |
c. Subject to the Employee Benefits Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries as a result of 1 An act error or omission or 2 A series of related acts errors or omissions negligently committed in the administration of your employee benefit program. However the amount paid under this endorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. The Limits Of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits Of Insurance. Deductible Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Schedule as applicable to Each Employee. The limits of insurance shall not be reduced by the amount of this deductible. The deductible amount stated in the Schedule applies to all damages sustained by any one employee including such employee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. The terms of this insurance including those with respect to 1 Our right and duty to defend any suits seeking those damages and 2 Your duties and the duties of any other involved insured in the event of an act error or omission or claim apply irrespective of the application of the deductible amount. 3 We may pay any part or all of the deductible amount to effect settiement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as we have paid. E. For the purposes of the coverage provided by this endorsement Conditions 3. and 7. of Section V Conditions are replaced by the following 3. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit Coverages A B and C You must see to it that we are notified as soon as practicable of an act error or omission which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and 2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information PC267340309 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 7 | 2 |
3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of an act error or omission to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. 7. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this endorsement our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Schedule of this insurance and that applies to an act error or omission on other than a claims made basis if a No Retroactive Date is shown in the Schedule of this insurance or b The other insurance has a policy period which continues after the Retroactive Date shown in the Schedule of this insurance. 2 When this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Schedule of this endorsement. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added. EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Extended Reporting Period as described below if a. This endorsement is canceled or not renewed or b. We renew or replace this endorsement with insurance that PC267340309 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 7 | 2 |
2. 1 Has a Retroactive Date later than the date shown in the Schedule of this endorsement or 2 Does not apply to an act error or omission on a claims made basis. The Extended Reporting Period does not extend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect the Extended Reporting Period may not be canceled. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of damages and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section applicable to the Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Extended Reporting Period starts. If the Extended Reporting Period is in effect we will provide an extended reporting period aggregate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits of Insurance. Paragraph D.1.b. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.1.c. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the Definitions Section 1. Administration means a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise PC267340309 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 6 of 7 | 2 |
Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits Unemployment insurance social security benefits workers compensation and disability benefits Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies and Any other similar benefits designated in the Schedule or added thereto by endorsement. H. For the purposes of the coverage provided by this endorsement Definitions 4. 8. and 39. in the Definitions Section are replaced by the following 4. 39. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. Employee means a person actively employed formerly employed on leave of absence or disabled or retired. Employee includes a leased worker. Employee does not include a temporary worker. Suit means a civil proceeding in which damages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Al other terms and conditions of this policy remain unchanged. Authorized Representative PC267340309 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 7 | 2 |
FUNGI EXCLUSION Named Insured Endorsement Number Goradia Capital LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement G24922005 002 01012014 to 01012015 01012014 Issued By Name of Insurance Company Illinois Union Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement s issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following ACE POLLUTION AND CASUALTY INSURANCE POLICY A It is agreed that the definition of pollution condition of Section VII Definitions is deleted in its entirety and replaced by the following Pollution condition means the discharge dispersal release escape migration or seepage of any solid liquid gaseous or thermal irritant including smoke soot vapors fumes acids alkalis chemicals hazardous substances hazardous materials or waste materials on in into or upon land and structures thereupon the atmosphere surface water or groundwater. Movement via vehicle from the covered location to another location shall not be considered a discharge dispersal release escape migration or seepage. An occurrence is not a pollution condition.. The following exclusion is added This insurance does not apply to Fungi Any injury damage expense cost loss liability or legal obligation arising out of or related to fungi Including the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. This exclusion shall also apply to any costs or expense arising out of the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi by any insured or by any other person or entity. This exclusion applies to all coverages under this policy. Al other terms and conditions of this policy remain unchanged. Authorized Representative PC26736 0309 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
NATURAL RESOURCE DAMAGE EXCLUSION Named Insured Endorsement Number Goradia Capital LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement G24922005 002 01012014 to 01012015 01012014 Issued By Name of Insurance Company Illinois Union Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement s issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following ACE POLLUTION AND CASUALTY INSURANCE POLICY A It is agreed that the definition of property damage of Section VII Definitions is deleted in its entirety and replaced by the following Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it or c. With respect to Coverage D E F and G diminished value of property owned by third parties. For the purposes of this policy electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following exclusion is added This insurance does not apply to any claims government actions remediation costs or legal defense expenses arising out of or in anyway related natural resource damages. Al other terms and conditions of this policy remain unchanged. Authorized Representative PC26737 0309 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
SILICA DUST AND PARTICULATE MATTER EXCLUSION Named Insured Goradia Capital LLC Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement APC G24922005 002 01012014 to 01012015 01012014 Issued By Name of Insurance Company Illinois Union Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following ACE POLLUTION AND CASUALTY INSURANCE POLICY The following exclusion is added This insurance does not apply to Silica Any injury damage expense cost loss liability or legal obligation arising out of resulting from or in any way related to in whole or in part the respiration inspiration inhalation or breathing in of dust or particulate matter. Dust or particulate matter may include but is not limited to dust particulate matter inspirable dust respirable dust smoke mist dirt fibers grit soot salt acids bases metals aerosols crystals minerals sand silicates or silica. The addition of this endorsement does not imply that other policy provisions including but not limited to any pollution exclusion or asbestos exclusion do not also exclude coverage for dust or particulate matter related injury damage expense cost loss liability or legal obligation. This exclusion applies to all coverages under this policy. Al other terms and conditions of this policy remain unchanged. Authorized Representative PC26740 0309 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Named Insured Endorsement Number Goradia Capital LLC 7 Policy Symbol Policy Number Policy Period Effective Date of Endorsement APC G24922005 002 01012014 to 01012015 01012014 Issued By Name of Insurance Company lllinois Union Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following ACE POLLUTION AND CASUALTY INSURANCE POLICY COVERAGES A B C AND G SCHEDULE Any person or organization against whom you have agreed to waive your right of recovery in a written contract provided such contract was executed prior to the date of loss. The Transfer of Rights of Recovery Against Others To Us Condition Section V Conditions is amended by addition of the following We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. Al other terms and conditions of the policy remain unchanged. Authorized Representative PC26741 0309 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
SELF INSURED RETENTION ENDORSEMENT Named Insured Endorsement Number Goradia Capital LLC 8 Policy Symbol Policy Number Policy Period Effective Date of Endorsement APC G24922005 002 01012014 to 01012015 01012014 Issued By Name of Insurance Company lllinois Union Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following ACE POLLUTION AND CASUALTY INSURANCE POLICY COVERAGES A B AND G SCHEDULE Self Insured Retention 100000 SECTION COVERAGES I. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement is deleted and replaced with the following 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury other than bodily injury arising out of personal and advertising injury or property damage to which this insurance applies and which are in excess of the Self Insured Retention stated in the Schedule above. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section lll Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1 of Section lllWho Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section lll Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim PC27469 0909 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10f8 | 2 |
1. 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under ALLOCATED LOSS ADJUSTMENT EXPENSES COVERAGES A AND B below but we shall have the right and opportunity to assume from the insured the defense and control of any claim or suit seeking payment of damages covered under this policy that we believe likely to exceed the Self Insured Retention. In such event the insured shall cooperate fully. The amount we will pay for damages that are in excess of the Self Insured Retention is limited as described in Section IV Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement is deleted and replaced with the following Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies and which are in excess of the Self Insured Retention stated in the Schedule above. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under ALLOCATED LOSS ADJUSTMENT EXPENSES COVERAGES A AND B below but we shall have the right and opportunity to assume from the insured the defense and control of any claim or suit seeking payment of damages covered under this policy that we believe likely to exceed the Self Insured Retention. In such event the insured shall cooperate fully. The amount we will pay for damages that are in excess of the Self Insured Retention is limited as described in Section IV Limits Of Insurance. COVERAGE G PRODUCTS POLLUTION HOSTILE FIRE AND CONTRACTORS POLLUTION LIABILITY 1. Insuring Agreement is deleted and replaced with the following Insuring Agreements G.1 Products Pollution Liability Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as a damages because of bodily injury property damage or b remediation costs to which this insurance applies caused by a pollution condition arising out of your product and included in the products completed operations hazard and which are excess of the Self Insured Retention stated in the Schedule above. G.2 Hostile Fire and Building Equipment Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay 1 As damages because of bodily injury property damage or remediation costs arising out of a pollution condition resulting from heat smoke or fumes from a hostile fire or 2 Asdamages because of bodily injury arising out of a pollution condition resulting from smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for the building s occupants or their guests PC27469 0909 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 8 | 2 |
and which are excess of the Self Insured Retention stated in the Schedule above. G.3 Contractor s Pollution Liability We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury property damage or remediation costs of a third party only arising out of a pollution condition resulting from your work and which are excess of the Self Insured Retention stated in the Schedule above.. With respect to Insuring Agreements G.1 G.2 and G.3 above a b c d e We will have the right and opportunity to assume from the insured the defense and control of any claim or suit seeking damages or remediation costs covered under this policy that we believe likely to exceed the Self Insured Retention. In such event the insured shall cooperate fully. The amount we will pay for damages or remediation costs that are in excess of the Self Insured Retention is limited as described in Section IV Limits Of Insurance. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A B and G of Section Il Defense Obligations and Supplementary Payments. This insurance applies only if i The occurrence or pollution condition takes place in the coverage territory i The bodily injury property damage or pollution condition first takes place during the policy period and iii Prior to the policy period no insured listed under Paragraph 1.of Section lll Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence pollution condition or claim knew that the bodily injury property damage or pollution condition had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury property damage or pollution condition occurred then any continuation change or resumption of such bodily injury property damage or pollution condition during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury property damage or a pollution condition which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section lll Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence pollution condition or claim includes any continuation change or resumption of that bodily injury property damage or pollution condition after the end of the policy period. Bodily injury property damage or a pollution condition will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section lll Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim i Reports all or any part of the bodily injury property damage or pollution condition to us or any other insurer ii Receives a written or verbal demand or claim for damages because of the bodily injury property damage or pollution condition or iii Becomes aware by any other means that bodily injury property damage or pollution condition has occurred or has begun to occur. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. PC27469 0909 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 8 | 2 |
IV. SUPPLEMENTARY PAYMENTS COVERAGES A AND B is deleted and replaced with the following ALLOCATED LOSS ADJUSTMENT EXPENSES COVERAGES A AND B You are responsible for Allocated Loss Adjustment Expense according to your election indicated below. If no election is indicated b. will apply. X a You are responsible for the payment of the Self Insured Retention. Under this option any amount paid in Allocated Loss Adjustment Expense will be included toward the satisfaction of the Self Insured Retention. We have the right but not the duty to defend any suit. If we do not assume defense or control of the claim or suit we will reimburse to you all reasonable and necessary Allocated Loss Adjustment Expense you incur with our prior written approval in excess of the Self Insured Retention. b You are responsible for the payment of the Self Insured Retention. Under this option any amount paid in Allocated Loss Adjustment Expense will not be included toward satisfaction of the Self Insured Retention. However under this option we will reimburse you a share of Allocated Loss Adjustment Expense as follows 1. The percentage of Allocated Loss Adjustment Expense that we will reimburse to you is the amount which we are obligated to pay as damages and remediation costs to which this insurance applies divided by the amount which we are obligated to pay as damages and remediation costs to which this insurance applies plus the amount of the Self Insured Retention paid by you. 2. If the damages to which this insurance applies do not exceed the amount of the Self Insured Retention or if the claim or suit is settled without payment of damages or remediation costs you are responsible for all Allocated Loss Adjustment Expense. You are responsible for the payment of all Allocated Loss Adjustment Expense. Under this option this insurance does not apply to defense investigation settiement or legal expenses pre or post judgment interest arising out of any occurrence offense or pollution condition. These payments will not reduce the limits of insurance. SECTION IV LIMITS OF INSURANCE Section IV LIMITS OF INSURANCE Coverages A B and C and the Declarations are amended to add the following The limits of insurance as shown in the Declarations shall apply in excess of the Self Insured Retention shown in the Schedule above. You agree to assume payment of the Self Insured Retention. SECTION V CONDITIONS I. Condition 2. Bankruptcy is deleted and replaced with the following 2. Bankruptcy Payment of Self Insured Retention Coverages A B and C In the event of bankruptcy or insolvency of any insured or the inability failure or refusal to pay the Self Insured Retention by any insured we will not be liable under the policy to any greater extent than we would have been liable had the insured not become bankrupt or insolvent or had such inability failure or refusal not occurred and this policy will not apply as a replacement for the Self Insured Retention. You will continue to be responsible for the full amount of the Self Insured Retention before the limits of insurance under this policy apply. In no case will we be required to pay the Self Insured Retention or any portion thereof. Bankruptcy of the insured or the insured s estate will not relieve us of any of our obligations under this insurance. Il. Condition 3. Duties In The Event Of Occurrence Offense Claim Or Suit is deleted and replaced with the following PC27469 0909 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 8 | 2 |
3. Duties In The Event Of Occurrence Offense Claim or Suit Coverage A B and C a. You must notify us as soon as practicable of an occurrence or an offense which may result in a claim or suit and of any subsequent development likely to result in liability for us hereunder and b. You must notify us as soon as practicable in writing of any occurrence or offense when any of the following occur or are alleged to occur or to have occurred i. Where a single claim or suit or multiple claims or suits arising from one occurrence or offense is are likely to exceed fifty percent 50 of the applicable limit of the Self Insured Retention stated in the Schedule above ii. A fatality A major extremity or multiple minor extremity amputations iv. Any serious head injury including skull fracture v. Loss or impairment of hearing vi. Partial or total blindness in either or both eyes vii. A brain or brain stem injury viii. Any injury to the spinal cord or vertebrae including paraplegia quadriplegia and partial paralysis ix. A heart attack x. Any burn to twenty five 25 or more of the body xi. Any occurrence where multiple injuries are involved xii. Any allegation of bad faith conduct by you or any applicable Claims Service Organization or xiii. Any complaint or filing with an Insurance Department of any state. c. Notice shall include i. How when and where the occurrence or offense took place. ii. The names and addresses of any injured persons and witnesses and iii. The nature and location of any injury or damage arising out of the occurrence or offense. d. Notice shall be made to the address indicated in ltem 9.a. of the Declarations e. Ifaclaimis made or suit is brought against any insured you must i. Immediately record the specifics of the claim or suit the date received and for a suit how and upon whom it was served and ii. Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. f. You and any other insured must i. Grantus complete access to all claim files the defense attorney s complete file all investigation and reports including all evaluations and information on negotiations and settlements. At our election the defense attorney must provide us with simultaneous copies of all correspondence provided to any insured ii. Immediately send us copies of any demands notices summonses or legal papers received in connection with any claim or suit Authorize us to obtain records and other information iv. Cooperate with us in the investigation settlement or defense of any claim or suit and PC27469 0909 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 8 | 2 |
v. Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. g. Noinsureds will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our express written consent. h. When the insured s liability is reasonably expected by us to exceed the Self Insured Retention stated in the Schedule above we may request that the insured tender the remaining amount of the Self Insured Retention in order to complete the settlement of any such claim or suit. If the liability of the insured for the claim or suit can be extinguished through a settlement which exceeds the Self Insured Retention and is within the Limits of Insurance and the insured refuses to agree to the settlement then our liability will not exceed the amount which we would contributed had the settlement been accepted. Any obligation for Allocated Loss Adjustment Expense we might have will not include Allocated Loss Adjustment Expense incurred after the date we requested you tender the remaining Self Insured Retention. lll. The following additional Conditions are added to SECTION V CONDITIONS 1. Satisfaction of Self Insured Retention The Self Insured Retention under this policy must be satisfied by actual payment by you. The Self Insured Retention shall not be satisfied by payment by the insured of any deductible of any other policy or payments made on behalf of the insured by any other insurer person or entity. The Self Insured Retention under this policy shall not be satisfied by any insurance coverage whatsoever. In the event that bodily injury property damage personal and advertising injury or remediation costs covered by this policy is also covered by any other insurance even if such other insurance is provided by us the insured must make actual payment of the Self Insured Retention under this policy without regard to whether the insured must pay other Self Insured Retentions under any other policy even if such other policy is issued by us and even if the damages claimed are deemed to have been caused by one occurrence or pollution condition. Maintenance of Self Insured Retention You will do whatever is required including provision of sufficient funds and compliance with any legally required self insured registration or similar requirements to maintain the Self Insured Retention in full effect. If the Self Insured Retention at any time becomes invalid suspended unenforceable or uncollectible for any reason we will be liable only to the extent we would have been had such Self Insured Retention remained in full effect. The first Named Insured shall give us written notice as soon as practicable of any change in the operating status of any Self Insured Retention. Claims Service Organization a. You have the obligation to provide at your own expense an adequate defense and a prompt and diligent investigation of all occurrences offenses pollution conditions and any resultant claim or suit subject to the Self Insured Retention stated in the Schedule above. You will evaluate all claims and suits without regard to the Self Insured Retention or the Limits of Insurance of this policy. b. However neither you nor any Claims Service Organization acting on your behalf will make or agree to any settlement for a sum in excess of the Self Insured Retention stated in the Schedule above without our prior written consent. In the event that any Insured fails to comply with this condition and settles a claim or suit for an amount in excess of the Self Insured Retention without our consent then no loss cost damages or expense will be payable by us. c. IfaClaims Service Organization is shown below it is required that a claims service agreement is executed between you and such Claims Service Organization. The service agreement shall require that all claims and suits be administered by the Claims Service Organization. Claims Service Organization ESIS AddressOn file with Company PC27469 0909 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 6 of 8 | 2 |
SECTION d. The insured may not without our consent cancel amend fail to make payment under or suspend the claims service agreement between the above named Claims Service Organization if one is shown and the Named Insured. e. Should the contractual arrangement between you and the Claims Service Organization be terminated you must contract with another Claims Service Organization that we approve of to handle claims and pursue recoveries for any appropriate claim. Access to Claims Files Upon reasonable notice you must grant us complete access to all claim files as to all open and closed claims and suits to all corresponding Claims Service Organization s files and defense attorneys files and to all investigation and evaluation reports including all evaluations and information on negotiations and settlements so that we can at our expense audit the handling of all claims historically and currently. This access to files specifically includes claim files that have been resolved or may be resolved in the Self Insured Retention. DEFINITIONS SECTION VII DEFINITIONS of the policy is amended to include the following additional definitions 1. Allocated Loss Adjustment Expense Coverages A B and G Allocated Loss Adjustment Expense means any expenses costs or interest incurred in connection with the investigation administration adjustment settlement or defense of any claim or suit to which this policy applies which you we or the Claim Service Organization if one is shown above under standard accounting practices directly allocates to a particular claim whether or not a payment indemnifying the claimants is made. Such expenses include but are not limited to the cost for bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies the cost of bonds to release attachments subrogation all court costs fees and expenses fees for service of process fees and expenses to attorneys for legal services the cost of services of undercover operations and detectives fees to obtain medical cost containment services the cost of employing experts for the purpose of preparing maps photographs diagrams and chemical or physical analysis or for expert advice or opinion the cost of obtaining copies of any public records and the cost of obtaining depositions and court reporters or recorded statements. Allocated Loss Adjustment Expense includes all prejudgment interest awarded against the insured against that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance Allocated Loss Adjustment Expense does not include any prejudgment interest based on that period of time after the offer. Allocated Loss Adjustment Expense includes all interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance shown in the Declarations. Allocated Loss Adjustment Expense shall not include the salaries of our employees your employees the Claim Service Organization employees or any potential Claim Service Organization employees or any adjuster s fees. Payments for Allocated Loss Adjustment Expense will not reduce the limits of insurance. The amount of Allocated Loss Adjustment Expense payable by you and by us is specified in Section I Paragraph lll hereof and depends on your election under that paragraph. 2. Self Insured Retention Coverages A B and G Self Insured Retention means those sums that you or any insured shall become legally obligated to pay as damages because of bodily injury property damage personal and advertising injury or remediation costs to which this insurance applies. The amount of the Self Insured Retention is specified in the Schedule above. The Self Insured Retention can only be satisfied as specified in Section lll Condition 1 Satisfaction of Self Insured Retention hereof. PC27469 0909 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 8 | 2 |
Self Insured Retention does not include any Allocated Loss Adjustment Expense incurred in defense of any claim or suit unless Option a. is selected Section I Paragraph Il hereof. Al other terms exclusions and conditions of this policy remain unchanged. Authorized Representative PC27469 0909 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 8 of 8 | 2 |
CONTRACTUAL LIABILITY RAILROADS Named Insured Goradia Capital LLC Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement APC G24922005 002 01012014 to 01012015 01012014 Issued By Name of Insurance Company Illinois Union Insurance Company Tnsert the policy number. The remainder of the information is to be completed only when this endorsement s issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following ACE POLLUTION AND CASUALTY INSURANCE POLICY COVERAGES A AND B SCHEDULE Scheduled Railroad UP Railroad CN Railroad Wheeling Lake Erie Railway BNSF Railway Company Indiana Ohio Railway Designated Job Site UP Railroad 1400 Douglas Omaha NE 68179 CN Railroad 935 de La Gauchetiere Street West Montreal QC H3B 2M9 Wheeling Lake Erie Railway 100 E. First Street Brewster OH 44613 BNSF Railway Company POB 961069 Fort Worth TX 76161 0069 CSX Transportation Inc. 6737 Southpoint Drive South Jacksonville FL 32216 Indiana Ohio Railway CIND 11427 Reed Hartman Highway Suite 214 Cincinnati OH 45241 With respect to operations performed for or affecting a Scheduled Railroad at a Designated Job Site the definition of insured contract applicable to Coverages A and B only in the Definitions section is replaced by the following 20. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement PC31078 1110 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 | 2 |
1 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 2 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 1 above and supervisory inspection architectural or engineering activities. Al other terms and conditions of this policy remain unchanged. Authorized Representative PC31078 1110 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 2 | 2 |
ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION Named Insured Endorsement Number Goradia Capital LLC 10 Policy Symbol Policy Number Policy Period Effective Date of Endorsement APC G24922005 002 01012014 to 01012015 01012014 Issued By Name of Insurance Company Illinois Union Insurance Company Tnsert the policy number. The remainder of the information is to be completed only when this endorsement s issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following ACE POLLUTION AND CASUALTY INSURANCE POLICY COVERAGES A B C AND G SCHEDULE Name of Additional Insured Persons or Organizations Any person or organization against whom you have agreed to waive your right of recovery in a written contract provided such contract was executed prior to the date of loss. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf A. In the performance of your ongoing operations or B. In connection with your premises owned by or rented to you. Al other terms and conditions of this policy remain unchanged. Authorized Representative PC26849 0409 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
STOP GAP EMPLOYERS LIABILITY COVERAGE ENDORSEMENT OHIO Named Insured Endorsement Number Goradia Capital LLC 1 Policy Symbol Policy Number Policy Period Effective Date of Endorsement G24922005 002 01012014 to 01012015 01012014 Issued By Name of Insurance Company Illinois Union Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following ACE POLLUTION AND CASUALTY INSURANCE POLICY SCHEDULE Limits Of Insurance Bodily Injury By Accident 1000000 Each Accident Bodily Injury By Disease 1000000 Aggregate Limit Bodily Injury By Disease 1000000 Each Employee A. The following is added to Section Coverages COVERAGE STOP GAP EMPLOYERS LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated by Ohio Law to pay as damages because of bodily injury by accident or bodily injury by disease to your employee to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. We may at our discretion investigate any accident and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section IV Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settiements under this coverage. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A B and G of Section Il Defense Obligations and Supplementary Payments. b. This insurance applies to bodily injury by accident or bodily injury by disease only if 1 The a Bodily injury by accident or bodily injury by disease takes place in the coverage territory b Bodily injury by accident or bodily injury by disease arises out of and in the course of the injured employee s employment by you and c Employee at the time of the injury was covered under a workers compensation policy and subject to a workers compensation law of Ohio and 2 The PC26878 0409 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10of 5 | 2 |
c. a b Bodily injury by accident is caused by an accident that occurs during the policy period or Bodily injury by disease is caused by or aggravated by conditions of employment by you and the injured employee s last day of last exposure to the conditions causing or aggravating such bodily injury by disease occurs during the policy period. The damages we will pay where recovery is permitted by law include damages 1 For a Which you are liable to a third party by reason of a claim or suit against you by that third party to recover the damages claimed against such third party as a result of injury to your employee b Care and loss of services and c Consequential bodily injury by accident or bodily injury by disease to a spouse child parent brother or sister of the injured employee provided that these damages are the direct consequence of bodily injury by accident or bodily injury by disease that arises out of and in the course of the injured employee s employment by you and 2 Because of bodily injury by accident or bodily injury by disease to your employee that arises out of and in the course of employment claimed against you in a capacity other than as employer. Exclusions This insurance does not apply to Intentional Injury Bodily injury by accident or bodily injury by disease intentionally caused or aggravated by you or bodily injury by accident or bodily injury by disease resulting from an act which is determined to have been committed by you if it was reasonable to believe that an injury is substantially certain to occur. Fines Or Penalties Any assessment penalty or fine levied by any regulatory inspection agency or authority. Statutory Obligations Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Contractual Liability Liability assumed by you under any contract or agreement. Violation Of Law Bodily injury by accident or bodily injury by disease suffered or caused by any employee while employed in violation of law with your actual knowledge or the actual knowledge of any of your executive officers. Termination Coercion Or Discrimination Damages arising out of coercion criticism demotion evaluation reassignment discipline defamation harassment humiliation discrimination against or termination of any employee or arising out of other employment or personnel decisions concerning the insured. Failure To Comply With Workers Compensation Law Bodily injury by accident or bodily injury by disease to an employee when you are 1 Deprived of common law defenses or 2 Otherwise subject to penalty because of your failure to secure your obligations or other failure to comply with any workers compensation law. PC26878 0409 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 5 | 2 |
h. Violation Of Age Laws Or Employment Of Minors Bodily injury by accident or bodily injury by disease suffered or caused by any person 1 Knowingly employed by you in violation of any law as to age or 2 Under the age of 14 years regardless of any such law. i. Federal Laws Any premium assessment penalty fine benefit liability or other obligation imposed by or granted pursuant to 1 The Federal Employer s Liability Act 45 USC Section 51 60 2 The Non appropriated Fund Instrumentalities Act 5 USC Sections 8171 8173 3 The Longshore and Harbor Workers Compensation Act 33 USC Sections 910 950 4 The Outer Continental Shelf Lands Act 43 USC Section 1331 1356 5 The Defense Base Act 42 USC Sections 1651 1654 6 The Federal Coal Mine Health and Safety Act of 1969 30 USC Sections 901 942 7 The Migrant and Seasonal Agricultural Worker Protection Act 29 USC Sections 1801 1872 8 Any other workers compensation unemployment compensation or disability laws or any similar law or 9 Any subsequent amendments to the laws listed above. j. Punitive Damages Multiple exemplary or punitive damages. k. Crew Members Bodily injury by accident or bodily injury by disease to a master or member of the crew of any vessel or any member of the flying crew of an aircraft. I. Insurance Provided in Other Coverage Sections Any injury damage expense cost loss liability or legal obligation for which coverage is provided by any other coverage section of this policy. B. The Supplementary Payments provisions apply to Coverage Stop Gap Employers Liability as well as to Coverages A B and G. C. For the purposes of this endorsement Section lll Who Is An Insured is replaced by the following If you are designated in the Declarations as 1. Anindividual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. 2. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. 3. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. 4. Anorganization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. For the purposes of this endorsement Section IV Limits Of Insurance is replaced by the following PC26878 0409 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 5 | 2 |
1. The Limits of Insurance shown in the Schedule of this endorsement and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The Bodily Injury By Accident Each Accident Limit shown in the Schedule of this endorsement is the most we will pay for all damages covered by this insurance because of bodily injury by accident to one or more employees in any one accident. 3. The Bodily Injury By Disease Aggregate Limit shown in the Schedule of this endorsement is the most we will pay for all damages covered by this insurance and arising out of bodily injury by disease regardless of the number of employees who sustain bodily injury by disease. 4. Subject to Paragraph D.3. of this endorsement the Bodily Injury By Disease Each Employee Limit shown in the Schedule of this endorsement is the most we will pay for all damages because of bodily injury by disease to any one employee. The limits of the coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. For the purposes of this endorsement Condition 3. Duties In The Event Of Occurrence Claim Or Suit Coverage A B and C of the Conditions Section is deleted and replaced by the following 3. Duties In The Event Of Injury Claim Suit a. You must see to it that we or our agent are notified as soon as practicable of a bodily injury by accident or bodily injury by disease which may result in a claim. To the extent possible notice should include 1 How when and where the bodily injury by accident or bodily injury by disease took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury. b. If aclaimis made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the injury claim proceeding or suit 2 Authorize us to obtain records and other information 3 Cooperate with us and assist us as we may request in the investigation or settiement of the claim or defense against the suit 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury to which this insurance may also apply and 5 Do nothing after an injury occurs that would interfere with our right to recover from others. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. F. For the purposes of this endorsement Paragraph 6. of the Definitions Section is replaced by the following PC26878 0409 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 5 | 2 |
Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above or c. All other parts of the world if the injury or damage arises out of the activities of a person whose home is in the territory described in a. above but who is away for a short time on your business provided the insured s responsibility to pay damages is determined in the United States including its territories and possessions Puerto Rico or Canada in a suit on the merits according to the substantive law in such territory or in a settlement we agree to. G. The following are added to the Definitions Section 1. Workers Compensation Law means the Workers Compensation Law and any Occupational Disease Law of Ohio. This does not include provisions of any law providing non occupational disability benefits. Bodily injury by accident means bodily injury sickness or disease sustained by a person including death resulting from an accident. A disease is not bodily injury by accident unless it results directly from bodily injury by accident. Bodily injury by disease means a disease sustained by a person including death. Bodily injury by disease does not include a disease that results directly from an accident. H. For the purposes of this endorsement the definition of bodily injury does not apply. Al other terms and conditions of this policy remain unchanged. Authorized Representative PC26878 0409 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 5 | 2 |
AMENDMENT OF COVERAGE TERRITORY WORLDWIDE COVERAGE WITH SPECIFIED EXCEPTIONS Named Insured Endorsement Number Goradia Capital LLC 12 Policy Symbol Policy Number Policy Period Effective Date of Endorsement APC G24922005 002 01012014 to 01012015 01012014 Issued By Name of Insurance Company Illinois Union Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement s issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following ACE POLUTION AND CASUALTY INSURANCE POLICY COVERAGE A B C AND G SCHEDULE Specified Excepted Countries A The following is added to Section V Conditions Expanded Coverage Territory 1. If a suit is brought in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from defending the insured the insured will initiate a defense of the suit. We will reimburse the insured under Supplementary Payments Coverage A B and G for any reasonable and necessary expenses incurred for the defense of a suit seeking damages or remediation costs to which this insurance applies that we would have paid had we been able to exercise our right and duty to defend. If the insured becomes legally obligated to pay sums because of damages or remediation costs to which this insurance applies in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from paying such sums on the insured s behalf we will reimburse the insured for such sums. All payments or reimbursements we make for damages or remediation costs because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. All payments or reimbursements we make for expenses under Supplementary Payments Coverage A B and G will be made in U.S. currency at the prevailing exchange rate at the time the expenses were incurred. Any disputes between you and us as to whether there is coverage under this policy must be filed in the courts of the United States of America including its territories and possessions Puerto Rico or Canada. The insured must fully maintain any coverage required by law regulation or other governmental authority during the policy period except for reduction of the aggregate limits due to payments of claims judgments or settlements. PC26888 0609 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 | 2 |
Failure to maintain such coverage required by law regulation or other governmental authority will not invalidate this insurance. However this insurance will apply as if the required coverage by law regulation or other governmental authority was in full effect. The following is added to Condition 7. Coverages A B C and G Paragraph b.1a 7. Other Insurance Coverage A B.Cand G b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis v If the insured s liability to pay damages or remediation costs is determined in a suit brought outside the United States of America including its territories and possessions Puerto Rico or Canada or vi That is coverage required by law regulation or other governmental authority in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada. C. Paragraph 5. of the Definitions section is replaced by the following 5. Coverage territory means a. Anywhere in the world except 1 Those countries specified in the Schedule of this endorsement and 2 Any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America or b. Al other parts of the world described in the exceptions a.1 and 2 above if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in a. above 2 The activities of a person whose home is in the territory described in a. above but who is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication Provided the insured s responsibility to pay damages or remediation costs is determined in a suit on the merits in the territory described in a. above or in a settlement we agree to. However with respect to Coverages D E or F coverage shall only apply to covered locations in the United States of America including its territories and possessions. Al other terms and conditions of this policy remain unchanged. Authorized Representative PC26888 0609 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 2 | 2 |
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