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DISCLOSURE OF PREMIUM PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE Terrorism Premium Certified Acts 38.00 This premium is the total premium attributable to insured losses under the Federal Terrorism Risk In surance Act Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice dis closing the portion of your premium if any attributable to coverage for terrorist acts certified under the Terror ism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share of losses equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to ter rorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act ex ceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deducti ble under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. AP5028A 01 08 Page 1 of 1 Includes copyrighted material of ISO Properties Inc. 2006 used with permission | 2 |
COMMERCIAL GENERAL LIABILITY CG 21870107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. Applicability Of The Provisions Of This Endorsement 1. The provisions of this endorsement be come applicable commencing on the date when any one or more of the following first occurs. But if your policy meaning the pol icy period in which this endorsement ap plies begins after such date then the pro visions of this endorsement become applicable on the date your policy begins. a. The federal Terrorism Risk Insurance Program Program established by the Terrorism Risk Insurance Act has ter minated with respect to the type of in surance provided under this Coverage Part or Policy or b. A renewal extension or replacement of the Program has become effective with out a requirement to make terrorism coverage available to you and with revi sions that 1 Increase our statutory percentage deductible under the Program for ter rorism losses. That deductible de termines the amount of all certified terrorism losses we must pay in a calendar year before the federal government shares in subsequent payment of certified terrorism loss es. or Decrease the federal government s statutory percentage share in poten tial terrorism losses above such de ductible or 2 3 Redefine terrorism or make insur ance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement be come applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that ad dresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terror m however defined which results in injury or damage that occurs on or after the date when the provisions of this en dorsement become applicable for claims made policies such an endorse ment is superseded only with respect to an incident of terrorism however de fined that results in a claim for injury or damage first being made on or after the date when the provisions of this en dorsement become applicable and b. Remain applicable unless we notify you of changes in these provisions in re sponse to federal law. 3 Redefine terrorism or make insur ance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the pro ns of this endorsement be come applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that ad dresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terror ism however defined which results in injury or damage that occurs on or after the date when the provisions of this en dorsement become applicable for claims made policies such an endorse ment is superseded only with respect to an incident of terrorism however de fined that results in a claim for injury or damage first being made on or after the date when the provisions of this en dorsement become applicable and b. Remain applicable unless we notify you of changes in these provisions in re sponse to federal law. CG 21870107 ISO Properties Inc. 2005 Page 1 0of 3 a | 2 |
3. If the provisions of this endorsement do NOT become applicable any terrorism en dorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will con tinue in effect unless we notify you of changes to that endorsement in response to federal law. B. The following definitions are added and apply under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2. Any injury or damage means any injury or damage covered under any Coverage Part or Policy to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or Policy. 2 C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardless of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceed ed we will include all insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. Page 2 0f 3 ISO Properties Inc. 2005 CG 21870107 o | 2 |
Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part or Policy. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part or Policy. CG 21870107 ISO Properties Inc. 2005 Page 3 of 3 a | 2 |
JAMES RIVER CASUALTY COMPANY Privacy Policy We do not sell customer information to nonaffiliated third parties and we do not share customer information with nonaffiliated third parties except those parties who perform contractual services for us and parties to which we are authorized to provide information by law. In addition when we provide information to affiliates or non affiliates we limit those disclosures to information about your transactions and experiences with us and to disclosures otherwise permitted by law. You do not need to take any action to prevent us from selling or sharing information we obtain about you. We use security measures and training in our effort to protect the customer information we collect. We protect the information we obtain about you by maintaining physical electronic and procedural safeguards. We collect the following types of information about you when you purchase or use our products and services. Most of the information that we obtain about you comes directly from you such as through the insurance applications you submit when requesting insurance products. These applications and other inquiries we make of you allow us to learn information that we may use to contact you in the future such as your name address telephone number and e mail address. In addition insurance applications and other information you provide enables us to determine the type and value of your insured property the types of insurance coverages you have or in which you might be interested and similar information. If you visit an Internet site that we maintain we might request or obtain information that will enable us to identify you as a registered user such as your name a user identification name a password password reminders and your Internet service provider. We might use a cookie to retain some of this information. We also might obtain information about your operating system web browser and similar information to enable us to improve the operation of our site. When we consider products and services in which you may be interested we often review information that we have about your past transactions with us or our affiliates such as your existing or former policy coverages premiums and payment history. In addition we may learn information about your transactions with nonaffiliated third parties including the types of products or services you obtained from them and your experiences with them. Finally we may obtain other information from third parties that has a bearing upon your eligibility for the products or services you seek from us. This information may include your credit report or information about your creditworthiness or other information maintained by consumer reporting agencies. We provide customer information only to our affiliates and to nonaf customer information. ates that must protect your We also may provide information as mentioned in this notice to nonaffiliated third parties that perform services for us or perform functions on our behalf such as marketing and research or to other financial institutions with which we have joint agreements for activities such as marketing. By law our contracts with these parties must prevent them from using the information they receive about you except as described in this notice. Finally we may share customer information as permitted by applicable law. This means that we will share information with parties as necessary to affect administer or enforce transactions that you request. For example we might provide information to a company that processes prints and mails our insurance policies to you or to a company that adjusts claims under your policies. We also might disclose customer information to other entities specified by law such as insurance advisory organizations our attorneys and accountants consumer reporting agencies or civil and regulatory authorities. Federal law sets the limitations on these types of disclosures. We strive to keep our records as accurate as possible. We attempt to maintain accurate records about you and we will gladly make appropriate corrections when you notify us. Of course we do not control the accuracy of information gathered and provided by third parties and you may need to notify third parties directly if you believe that any information we received from them is inaccurate. You may request the name and address of any consumer reporting agency from which we obtain a report on you. You then may contact that consumer reporting agency to request a copy of the report it makes or to advise of any changes to the information they maintain and report. We will provide one copy of this Privacy Policy to joint contract holders. Please share this information with everyone covered under your policy or contract. AP0100US 04 03 Page 1 of 1 | 2 |
FIRST MERCURY INSURANCE COMPANY 0 FI. nl ASTOCK COMPANY STATUTORY HOME OFFICE ONE SOUTH WACKER DRIVE SUITE 1350 CHICAGO IL 60606 ADMINISTRATIVE OFFICE 26600 TELEGRAPH RD. SOUTHFIELD MI 48033 cncillnTIos GENERAL LIABILITY POLICY Serviced by CoverX Specialty RENEWAL DECLARATIONSPQUCV NUMBER IL CGL0000006650 02 RENEWAL OF IL CGL0000006650 01 NAMED INSURED AND MAILING ADDRESS BROKER NAME AND ADDRESS School District of Kansas City Westrope Associates Kansas City 1211 McGee Ste 535 1100 Walnut St Suite 3200 Kansas City MO 64106 Kansas City MO 64104 POLICY PERIOD From 712013 To 712014 AT 1201 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE Defense Costs are outside the limits of Liabilty Each Occurrence Limit 1000000 Employee Benefits Liability Excluded Personal Advertising Injury Limit 1000000 Employee Benefits Aggregate Limit Excluded General Aggregate Limit 2000000 Liquor Liability Limit Excluded Products Completed Operations Aggregate Limit Excluded Liquor Liability Aggregate Excluded Damage To Premises Rented To You 50000 Medical Payment Limit Excluded RENEWAL DECLARATIOI pecialty ND MAILING ADDRESS BROKER City Westrope 1100 Walnu Kansas City Employee Benefits Liability Excluded Employee Benefits Aggregate Limit Excluded Liquor Liability Limit Excluded Liquor Liability Aggregate Excluded RETAINED LIMIT 100000 Self Insured Retention Per Occurrence Including LAE PREMIUM COMPUTATION Premium 85250 Processing Fee 150 Coverage for certified acts of terrorism has been rejected exclusion attached. X Per TRIA Disclosure Notice. DEPOSIT PREMIUM 85250 DESCRIPTION OF BUSINESS Schools public elementary kindergarten or junior high FORM OF BUSINESS INDIVIDUAL PARTNERSHIP X ORGANIZATION INCLUDING A CORPORATION BUT NOT JOINT VENTURE LIMITED PARTNERSHIP INCLUDING A PARTNERSHIP JOINT VENTURE OR LIMITED LIMITED LIABILITY COMPANY LIABILITY COMPANY ENDORSEMENTS ATTACHED TO THIS POLICY See Schedule FMIC END Schedule of Forms and Endorsements This is evidence of insurance procured and developed under the Missouri Surplus Lines Laws. It is NOT covered by the Missouri Insurance Guaranty Association. This insurer is not licensed by the State of Missiouri and is not subject to its supervision. IMPORTANT Please carefully examine your policy as it may contain significant coverage modifications or exclusions. If this policy is a renewal it may not contain the same precise terms and conditions as the prior policy. Date 782013 Authorized Representative l THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORMS AND ANY ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. FMIC GL DS0001 1210 | 2 |
EXTENSION OF DECLARATIONS Policy Number IL CGL0000006650 02 Location of Premises Schedule of Locations on File with Company Classification and Premium Exposure Basis Exposure Amount Pupils 16915.00 Exposure Amount 16915.00 Rate Deposit Premium 5.0399 Number of 85250 Pupils subject to 85250 minimum premium FMIC GL DS EXT 1210 Page 1 0of 1 | 2 |
Insured School District of Kansas City Policy Number IL CGL0000006650 02 SCHEDULE OF FORMS AND ENDORSEMENTS other than applicable forms shown elsewhere in the policy Forms and Endorsements applying to and made part of this policy at the time of issuance CG 00 01 1207 COMMERCIAL GENERAL LIABILITY COVERAGE FORM IL 00 17 1198 COMMON POLICY CONDITIONS FMIC LEGAL 1007 SERVICE OF SUIT GU 207 678 ENDORSEMENT GU 207 678 ENDORSEMENT GU 207 678 ENDORSEMENT CG 00 68 0509 RECORD AND DISTRIBUTE OF MATERIAL IN VIOLATION CG 20 10 0704 ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS CG 21 04 1185 EXCL PRODUCTS COMPLETED OPS HAZARD CG 21 35 1001 EXCLUSION COVERAGE C MEDICAL PAYMENTS CG 21 38 1185 EXCLUSION PERSONAL AND ADVERTISING INJURY CG 21 44 0798 LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT CG 21 47 1207 EMPLOYMENT RELATED PRACTICES EXCLUSION CG 21 49 0999 TOTAL POLLUTION EXCLUSION ENDORSEMENT CG 21 67 1204 FUNGI OR BACTERIA EXCLUSION CG 21 96 0305 SILICA OR SILICA RELATED DUST EXCLUSION CG 22 30 0798 EXCLUSION CORPORAL PUNISHMENT FMIC GL 2007 0510 EXCLUSION ANY RESIDENTIAL CONSTRUCTION WORK FMIC GL 2008 0711 SELF INSURED RETENTION ENDORSEMENT FMIC GL 2009 0912 SPECIAL CONDITIONS FOR SUBCONTRACTORS INCL DED FMIC GL 2010 1111 CROSS SUITS ENDORSEMENT FMIC GL 2011 0411 CONTINUOUS OR PROGRESSIVE INJURY AND DAMAGE EXCL FMIC GL 2075 0511 EXCLUSION FIREARMS FMIC GL 2077 0411 HAZARDOUS MATERIALS EXCLUSION FMIC GL 2088 0212 EXCLUSION PUNITIVE OR EXEMPLARY DAMAGES FMIC GL 2089 0511 PROFESSIONAL SERVICES EXCLUSION FMIC GL 2159 0711 EXCLUSION HAZING FMIC GL 2163 0512 MINIMUM EARNED PREMIUM ENDORSEMENT FMIC GL 2172 0711 EXCLUSION OF TERRORISM FMIC GL 2198 1111 SEXUAL ABUSE AND OR MISCONDUCT EXCLUSION FMIC GL 2211 1111 EXCL OPERATIONS COVERED BY A DEDICATED INS PROGRAM FMIC GL 2213 1211 INSECT VERMIN COVERAGE LIMITATION FMIC GL 2312 0712 EXCLUSION ATHLETIC OR SPORT PARTICIPANTS FMIC GL 2329 0812 REPORTED LOCATIONS ENDORSEMENT FMIC OFAC 1212 U.S. TREASURY DEPARTMENTS OFAC ADVISORY NOTICE IL 00 21 0504 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT FMIC CLAIM NOTIFICATION 122006 Schedule FMIC END 1210 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 0001 1207 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named 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 company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. 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 Ill 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 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 and B. b. 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 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. c. 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 Il Who 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. 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 Il 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 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. 3 3 CG 00011207 1SO Properties Inc. 2006 Page1 of 16 | 0 |
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 This insurance does not apply to a. 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 resulting from the use of reasonable force to protect persons or property. 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 ina 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 partys defense has aso been assumed in the same insured contract and Such altome 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. b c. 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 distribuon or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employmentby 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. CG 00011207 1SO Properties Inc. 2006 Page2 of 16 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does notapply to i Bodily injury if sustained within a building and caused by 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 i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b Ator 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 i Anyinsured or ii Any person or organization for whom you may be legally responsible or c d At or fom any premises site or location on which any insured or any contractors or subcontractors working directly or indirecty on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. 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 escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of 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 i Bodily injury or property damage sustained within a buildng and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by acontractor or subcontractor or i Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or fom any premises site or location on which any insured or any contractors or subcontractors working directly or indirecty on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. CG 00011207 1SO Properties Inc. 2006 Page3 of 16 | 1 |
2Any 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 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. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such clam or suit by or on behalf of a govemnmental authority. g. 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 26 feet long and b Not being used to carry persons or property for acharge 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 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or b utof any r or statutory or hat any insured iitor clean up t detoxify or y respond to or llutants or on behalf of a for damages or monitoring g containing eutralizing or in or assessing the es not apply to 1se of property ould have in the emand order or rement or such n behalf of a age arising out ance use or ircraft auto or by or rented or ludes operation if the claims ligence or other ision hiring ring of others by which caused perty damage enance use or ircraft auto or operated by or o n premises you that is nd rry persons or 1 the ways next nt provided the ented or loaned any insured maintenance or or 3 5 Budlly injury or property damage arising out of The operaton 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 the operation of any of the machinery or equipment listed in Paragraph f2 or f.3 of the definition of mobile equipment. b h. 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. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike 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 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property Property damageto 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 Propertyloaned to you 4 Personal property in the care custody or control of the insured 1SO Properties Inc. 2006 Page40f 16 CG 00011207 Page40f 16 | 1 |
5That particular partof 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 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 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il 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 ofit 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. 6. 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 init.. 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.. Distribution Of Material In Violation Of Statutes 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 or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or information. CG 00011207 1SO Properties Inc. 2006 Page50f16 | 1 |
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 Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. 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 claimor suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll 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 setlements 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 and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business butonly if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. 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. b. 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. c. 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. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured e. Contractual Liability 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. f. 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. g. 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. h. 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. i. 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. j Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose businessiis 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or CG 00011207 1SO Properties Inc. 2006 Page 6 of 16 | 1 |
3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions Section. 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. k. 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. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants atany time. n. 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. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike 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 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Distribution Of Material In Violation Of Statutes Personal and advertising injury arising directly or indirectly out of any action or omission thatviolates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodly injury caused by an accident 1 On premises you own or rent 2 On ways rext to premises you own or rent or 3 Because do your operations provided that 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 examimation at our expense by physicians of our choice as often as we reasorably 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. CG 00011207 1SO Properties Inc. 2006 Page 7 of 16 | 1 |
2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. 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. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or setle or any suit against an insured we defend a. All expenses we incur. b. 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 fumish 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 fumish 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 eamings up to 250 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 irterest 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. g. Al 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 cout 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 irsured 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 aginst the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement thatis an insured contract b. This insurance applies to such liability assumed by theinsured c. The obligation to defend or the cost of the defense of tha 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 e. The indemnitee and the insured ask us to conduct and contol the defense of that indemnitee against such suit and agree that we can assign he same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in witing 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 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 CG 00011207 1SO Properties Inc. 2006 Page 8of 16 | 1 |
bConduct and control the defense of the indemnitee in such suit. So long as the above condtions are met attomeys 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 Paragraph 2b.2 of Section Coverage A Bodily Injury And Property Damage Liability 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 setflements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHOIS AN INSURED 1. If you are designated in the Declarations as a. 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. b. 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. d. 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. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. g 2. Each ofthe following is also an insured a. Your volunteerworkers only while performing duties related to the conduct of your business or your employees other than either 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 Bodily injury or 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 duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your bisiness To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above 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 or Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by 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. b c CG 00011207 1S0 Properties Inc. 2006 Page 9 of 16 | 1 |
b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. 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. d. 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 Coverage Part. 3. 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 a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. 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 shown asa Named Insured in the Declarations. SECTION lIl LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations 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 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 hazard and c. Damages under Coverage B. 3. The Products Conpleted Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragrgph 2. 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. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Qccurrence Limit is the most we will pay for the sumof 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. 6. Subject to Paragraph 5. 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 he owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustaned by any one person. The Limits of Insurance of this Coverage Part 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. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insdvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. 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 CG 00011207 1SO Properties Inc. 2006 Page 100f 16 | 1 |
3The nature and location of any injury or damage arising out of the occurrence or offense. b. 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. 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 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 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 injury or damage 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 other than for first aid without our consent. 3. Legal Action AgainstUs No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into asuit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settiement 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 Coverage Part or that are in excess of the applicable limit of insurance. An agreed setiement means a setfement and release of liability signed by us the insured and the claimant or the claimants legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part 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 wil 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 i That is 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 i 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 Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. b Any other primarl 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 or B 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. Inc. 2006 Page110f16 CG 0001 12 07 1S0 Properties Inc. 2006 | 1 |
3When this insurance is excess over other c. We insurance we will pay only our share of the your amount of the loss if any that exceeds the 7. Separat sum of Exceptw a The total amount that all such other insurance would pay for the loss in the grg er gg absence of this insurance and insuranc b The total of all deductible and self a. As if insured amounts under all that other Name insurance. b. Seps 4 We will share the remaining loss if any is r1a with any other insurance that is not described in this Excess Insurance 8. Transfe provision and was not bought specifically to To Us apply in excess of the Limits of Insurance If the in shown in the Declarations of this Coverage any payr Part. Part the c. Method Of Sharing insured N. At our If all of the other insurance permits contribution transfer by equal shares we will follow this method them. also. Under this approach each insurer contributes equal amounts until it has paid its 9. WhenW applicable limit of insurance or none of the loss If we dei remains whichever comes first. will mail If any of the other insurance does not permit shown il contribution by equal shares we will contribute nonrene by limits. Under this method each insurer s expiratio share is based on the ratio of its applicable If notice limit of insurance to the total applicable limits of proof of ns.urance of all insurers. SECTION V 5. Premium Audit 1. Adverti a. We will compute all premiums for this or publ Coverage Part in accordance with our rules market and rates. services b. Premium shown in this Coverage Part as supporte advance premium is a deposit premium only. a. Notic At the close of each audit period we wil place compute the earned premium for that period mear and send notice to the first Named Insured. b. Rega The due date for audit and retrospective.. ite premiums is the date shown as the due date gvk on the bill. If the sum of the advance and audit custo premiums paid for the policy period is greater advel than the earned premium we wil return the.. excess to the first Named Insured. 2. Autom c. The first Named Insured must keep records of a. A la the information we need for premium desig computation and send us copies at such imes any as we may request. b. Any 6. Representations COrF By accepting this policy you agree Svtheerr a. Zzzurafteaiengig Ilente the Declarations are Howeve al plete equipme b. Those stattments are based upon representations you made to us and CG 00011207 1SO Properties Inc. 2006 c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured againstwhom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover al or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nathing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments aout 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 semitrailer 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 itis licensed or principally garaged. However auto does not include mobile equipment. Page 120f 16 | 1 |
. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. 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 Paragraph a. aboveor 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 teritory described in Paragraph a. above 2 The activities of a person whose home is in the teritory described in Paragraph a. above but is away for a short time on your businessor 3 Personal and advertising injury offenses that take place through the Internet or similar el ectronic 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.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document.. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be usedor 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 oragreement 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. 9. 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. Asidetrack agreement c. Any easement o license agreement except in connection with construction or demolition operations on or within 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 50 feet of any railroad property and affecting any rairoad bridge or trestle tracks roadbeds tunnel underpass or crossing That indemnifies an architect engineer or surveyor forinjury 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 spedfications or b Giving drections 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. 2 CG 00011207 1SO Properties Inc. 2006 Page 130of 16 | 1 |
10.Leased worker means a person leased to you by 1 1 oy N 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..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is 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.. 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 nextto premises you own or rent c. Vehicles thattravel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes showels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. 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 Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. 13. 14 However selfpropelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipmentdesigned primarily for a Snow removal b Road mantenance but not construction or resurfacing or c Streetcleaning 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 generafors 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. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 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 landlordor 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 ancther s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in you advertisement. CG 00011207 1SO Properties Inc. 2006 Page 140f 16 | 1 |
15.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. 16.Products completed operations hazard a. Includes all bodily injury and property damage 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. b. Does not include bodily injury or property damage arising out of 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 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. 17.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 i d gaseous or icluding smoke chemicals and to be recycled izard and property 1 premises you your product or your physical n completed or r work will be earliest of the alled for in your eted. be done at the npleted if your t more than one rk done ata job ntended use by tion other than subcontractor ject. e maintenance ment but which be treated as y or property erty unless the of a condition in or operated by created by the t vehicle by any s uninstalled d or unused for which the eclarations or in that products subject to the perty including at property. All med to occur at at 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. For the purposes d this insurance electronic data is not tangible property. As used in this definifion 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 contraled equipment. 18.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. 19.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. 20.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. 21.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 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 1SO Properties Inc. 2006 Page 150f 16 CG 00011207 Page 150f 16 | 1 |
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. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment fumished 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. CG 00011207 1SO Properties Inc. 2006 Page 160f 16 | 1 |
IL00 171198 A. D. COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. 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 a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. 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. 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. Inspections And Surveys 1. Wehave 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. E. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Wil be the payee for any return premiums we pay. 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. sements between you ce afforded The stt 1L0017 1198 Page1of1 Copyright Insurance Services Office Inc. 1998 | 2 |
SERVICE OF SUIT The Company agrees that in the event of its failure to pay any amount claimed to be due hereunder the Company at the request of the Insured will submit to the jurisdiction of any court of competent jurisdiction within the United States of America and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court. The Company hereby designates the Commissioner Director or Superintendent of Insurance or other officer specified by law for that purpose or his successor or successors in office or the person designated below in the space indicated as its true and lawful attomey upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of the Insured arising out of this contract of insurance. Itis further agreed that the Company shall abide by the final decision of any court having jurisdiction in which such action is filed or by the decision of any appellate court in the event of an appeal. Upon receipt of process served hereunder the Company hereby designates Marcia M. Paulsen Vice President 26600 Telegraph Rd. Southfield Michigan 48033 as the person to whom the officer designated aboveis authorized to mail such process. In the altemative process may be served upon the authorized agent of the Company whose name and address are FIRST MERCURY INSURANCE COMPANY 26600 TELEGRAPH RD. SOUTHFIELD MICHIGAN 48033 FMIC LEGAL 102007 | 2 |
The Attaching Clause need to be completed only when this endorsement is issued subsequent to preparation of the policy. ENDORSEMENT rsement effective on 712013 at 1201 A.M. standard time forms a part of DATE IL CGL0000006650 02 of the First Mercury Insurance Company NAME OF INSURANCE COMPANY School District of Kansas City Authorized Representative This endorsement effective on Policy No. IL CGL0000006650 02 Issued to School District of Kansas City By CoverX Specialty Sports Trainer Exclusion This endorsement modifies insurance provided by the policy This insurance does not apply to any loss cost damage expense injury claim or suit caused by arising out of or resulting directly or indirectly in whole or in part from the rendering of or failure to render professional services by any sports trainer or any act error omission malpractice or mistake of a professional nature committed by any sports trainer. As used in the endorsement sports trainer means a trainer employed by the Insured or working on the Insured s behalf who carries out the practice of prevention andor rehabilitation of injuries incurred by athletes. All other terms and conditions remain unchanged. GU 207 Ed. 6 78 Processed Date 07082013 101012 AM Page 1 of 1 Print Date 07082013 120810 PM | 2 |
The Attaching Clause need to be completed only when this endorsement is issued subsequent to preparation of the policy. ENDORSEMENT rsement effective on 712013 at 1201 A.M. standard time forms a part of DATE IL CGL0000006650 02 of the First Mercury Insurance Company NAME OF INSURANCE COMPANY School District of Kansas City Authorized Representative This endorsement effective on Policy No. IL CGL0000006650 02 Issued to School District of Kansas City By CoverX Specialty Sovereign Immunity Exclusion Endorsement In consideration of the premium charged it is hereby understood and agreed that this policy does not apply to any Claim to which the Insured 1. Is Immune under the legal doctrine of sovereign immunity or 2. would have been immune under the legal doctrine of sovereign immunity but for the Insured s wavier or such immunity provided however the company will define any such Claim in the event a court of competent jurisdiction adjudicated that the respective claimant is not precluded from instituting such Claim against the Insured under the legal doctrine of sovereign immunity and provided further that such adjudication by the court is not based on or resulting from the Insured s waiver of such immunity. All other terms and conditions remain unchanged. GU 207 Ed. 6 78 Processed Date 07082013 101012 AM Page 1 of 1 Print Date 07082013 120810 PM | 2 |
The Attaching Clause need to be completed only when this endorsement is issued subsequent to preparation of the policy. ENDORSEMENT rsement effective on 712013 at 1201 A.M. standard time forms a part of DATE IL CGL0000006650 02 of the First Mercury Insurance Company NAME OF INSURANCE COMPANY School District of Kansas City Authorized Representative This endorsement effective on Policy No. IL CGL0000006650 02 Issued to School District of Kansas City By CoverX Specialty THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF POLICY TOTAL AUTO EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Section Paragraph 2 Exclusions sub paragraph g. Aircraft Auto OR Watercraft is deleted in its entirety and replaced as follows g. 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 the 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 26 feet long and GU 207 Ed. 6 78 Processed Date 07082013 101012 AM Page 1 0of 3 Print Date 07082013 120811 PM | 2 |
The Attaching Clause need to be completed only when this endorsement is issued subsequent to preparation of the policy. ENDORSEMENT rsement effective on 712013 at 1201 A.M. standard time forms a part of DATE IL CGL0000006650 02 of the First Mercury Insurance Company NAME OF INSURANCE COMPANY School District of Kansas City Authorized Representative heina tced to carry nersone or nronertv far a charae This endorsement effective on 712013 at 1201 A.M. standard time forms a DATE Policy No. IL CGL0000006650 02 of the First Mercury Insurance Company NAME OF INSURANCE COMPANY Issued to School District of Kansas City. r. By CoverX Specialty L Authorized Representative b Not being used to carry persons or property for a charge 3 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 4 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. Section V Paragraph 11 Loading or Unloading is deleted in its entirety and replaced as follows 11. 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 GU 207 Ed. 6 78 Processed Date 07082013 101012 AM Page 2 of 3 Print Date 07082013 120811 PM | 2 |
The Attaching Clause need to be completed only when this endorsement is issued subsequent to preparation of the policy. ENDORSEMENT This endorsement effective on 712013 at 1201 A.M. standard time forms a part of DATE Policy No. IL CGL0000006650 02 of the First Mercury Insurance Company NAME OF INSURANCE COMPANY Issued to School District of Kansas City. r. By CoverX Specialty L Authorized Representative ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. GU 207 Ed. 6 78 Processed Date 07082013 101012 AM Page 3 of 3 Print Date 07082013 120811 PM | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion q. of 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 q. 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 additon 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 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 addresses prohibits or limits the printing dissemination disposal collect ing recording sending transmitting communicating or distribution of material or information. B. Exclusion p. of Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability is replaced by the following 2. Exclusions This insurance does not apply to p. 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 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or additon to such law 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 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 addresses prohibits or limits the printing dissemination disposal collect ing recording sending transmiting communicating or distribution of material or information. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information s required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by CG 00 68 05 09 | 2 |
POLICY NUMBER IL CGL0000006650 02 COMMERCIAL GENERAL LIABILITY CG 201007 04 ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Locations Of Covered Operations As required by written contract signed by both parties prior All Locations to loss Information required to complete this Schedule if not shown above will be shown in the Declarations. A. 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 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing op erations for the additional insureds at the locations designated above. B. With respect to the insurance afforded to these additional insureds the following additional exclusions apply This insurance does not apply to bodily injury or property damage occurring atter 1. Al work including materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ISO Properties Inc. 2004 Page 1of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PRODUCTS COMPLETED OPERATIONS HAZARD This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. This insurance does not apply to bodily injury or property damage included within the products completed operations hazard. CG 21 04 11 85 Copyright Insurance Services Office Inc. 1984 Page1of1 o | 2 |
POLICY NUMBER IL CGL0000006650 02 COMMERCIAL GENERAL LIABILITY CG 213510 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION COVERAGE C MEDICAL PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description And Location Of Premises Or Classification IAll Locations and All Operations If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. 2. The following is added to Section Supplementary Payments h. Eaenses incurred the insured for first aid administered to others at the time of an accident for bodily injury to which this insurance applies. With respect to any premises or classification shown in the Schedule 1. Section Coverage C Medical Payments does not apply and none of the references to it in the Coverage Part apply and Loctons and All Operations 2. The following is added to Section Supplementary Payments h. Eaenses incurred the insured for first aid administered to others at the time of an accident for bodily injury to which this insurance applies. CG 21351001 SO Properties Inc. 2000 Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. COVERAGE B Section I does not apply and none of the referencesto it in the Coverage Partapply. CG 21381185 Copyright Insurance Services Office Inc. 1984 Page1of 1 | 2 |
POLICY NUMBER IL CGL0000006650 02 POLICY NUMBER IL CGL0000006650 02 COMMERCIAL GENERAL LIABILITY CG 214407 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT This endorsement modfies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Premises on file with company Project To eniry appears above Information required to complete this endorsement wil be shown n fie Declarations as applicable to this endorsement. This insurance applies only to bodily injury property damage personal and advertising injury and medical expenses arising out of 1. The ownership maintenance or use of the premises shown in the Schedule and operations necessary or incidental to those premises or 2. The projectshown in the Schedule. CG 2144 07 98 Copyright Insurance Services Office Inc. 1997 Page 10of 1 o | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily 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 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 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. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to 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 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. CG 21471207 ISO Properties Inc. 2006 Page1of1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2149 09 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following This insurance does not apply to f. 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 b 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 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. CG 2149 09 99 Copyright Insurance Services Office Inc. 1998 Page1of1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating 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 by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consumption. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing reme diating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus including mold or midew and any mycotoxins spores scents or byproducts produced or released by fungi. aragraph 2. A Bodily 1age which vhole or in alleged or gestion of tence of or cteria on or ncluding its r any other r product y sequence ising out of ng cleaning treating ediating or y any other B. The Excl Pers 2. E PR CG 21 67 1204 ISO Propetties Inc. 2003 Page 1of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21 96 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Exclusions of Section Coverage B Personal Injury And Property Damage Liability And Advertising Injury Liability 2. Exclusions 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. b. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. c. Any loss cost or expense arising in whole or in part out of the abating 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 silica or silica related dust by any insured or by any other person or entity. This insurance does not apply to Silica Or Silica Related Dust a. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abating 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 silica or silica related dust by any insured or by any other personor entity. C. The following definitons are added to the Definitions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combination of silica and cther dust or particles. or in part out eatened or ngestion of whole or in hreatened or xposure to silica or ing in whole testing for removing neutralizing em ot CG 21 96 03 05 ISO Propetties Inc. 2004 Page 10f1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 22300798 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CORPORAL PUNISHMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. This insurance does not appy to bodily injury Exclusions of Section Coverage A Bodily property damage or personal and advertising injury Injury And Property Damage Liability and Paragraph to your student arising out of any corporal punishment 2. Exclusions of Section Coverage B Personal administered by or at the direction of any insured. And Advertising Injury Liability CG 22 30 07 98 Copyright Insurance Services Office Inc. 1997 Page1of1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ANY RESIDENTIAL CONSTRUCTION WORK This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions are amended and the fallowing Exclusion is added Residential Construction Work This insurance does not apply to bodily injury or prope ity damage included in the products completed operations hazard and arising out of or resulting from your work on any residentia construction. SECTION V DEFINITIONS is amended and the following is added Residential construction means buldngs structures or other improvements to real property constructed maintained or sold for the pumpose of being used by natural persons as a dwelling inclusive of all infrastructure improvements in connection therewith including but not limited to grading excavating utilities road paving curbs sidewalks. Residential construction shall include but not be limited to single or multipe famiy housing including apartments townhouses condominiums co operatives duplexes triplexes fourplexes and single family detached housing. Residential construction also includes the terms Apartment Structures Common Interest Developments Condominium Projects Condominium Conversion Projects Cooperatives Custom Homes Miltary Housing Mixed Use Projects Residential Tract Housing Senior Housing Projects Senior Living Structures Assisted Senior Housing Projects Single Family Homes Built on Spec Student Housing Time Shares Townhouse Projects and Renta Property Units all as further defined herein for the purposes of this Endorsement only. 1. Condominium is defined as any of the following 1 An estate in real propety where there is an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit the boundaries of which are described on a recorded final map parcel map or condominium plan. The areas within the boundaries may be filled with air earth or water or any combination thereof and need not be attached to land except by easements for access and support 2 A type of ownership in real property where all of the owners own the property common areas and buildings together with the exception of the interior of the unit to which they have title 3 Real estate portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those designated portions 4 A single real property parcel with all the unit owners having a rightin common to use the common elements with a separate ownership confined to the individual units that are serialy designated. 2. Common Interest Development means any of the following 1 A condominium project 2 A stock cooperative. 3. Cooperative means any of the following 1 A type of multiple ownership of rea property in which the residents of a multiunit housing complex own shares in the cooperative corporation that owns the property giving each resident the right to occupy a specific apartment or unit 2 dweling units in a multi dwelling complexin which each owner has an interest in the entire complex and a lease of his her its own apartment. 4. Condominium Conversion Projects which are defined as any existing multi unit dwelling structure including Apartment Structures that prior to during or after the policy period s converted to be sold as Condominiums Cooperatives Common Interest developments or any sort of combination or derivative thereof all as those tems are defined elsewhere in this Endorsement. 5. Custom Homes which are defined as houses of a unique plan or blueprint built to an owner s specifications and sold before construction begins. 6. Military Housing which is defined as single famiy or multi unit housing that is built for the US government or a branch of the armed forces of the United States and that will be leased or otherwise made available to enlisted service men or women to be used as a dwelling while they are members of the U.S. Armed Forces. FMIC GL2007052010 Page 1 of 2 | 2 |
10. 1. 12. 13. 14. 15. Mixed Use Projects which is defined as a real estate project with planned integration of any combination of retail office hotel other commercial or recreational functions containing live work liveplay or live work play functions. Residential Tract Housing which is defined as single family duplex triplex or fourple x residential housing not part of a Condominium Project or Townhouse Project as defined elsewhere in this Endorsement thatis built by residential developers for sale to individuals during or after completion of construction. Tract Housing is further defined as consisting of 10 or more units in a single contiguous location. Senior Housing Projects Senior Living Structures or Assisted Senior Housing Projects which are defined collectively as a. Dwellings that HUD has detemined are specifically designed for and occupied by elderly persons under a Federal State or local government program or b. Dwellings occupied solely by persons who are 62 or oder or c. Dwellings where at least one person who is 55 or older resides in at least 80 percent of the occupied units in any one location and where the policy applicable to the dwellings demonstrates an intent to house persons who are 55 orolder. Infrastructure or Site Work which is defined as work involving common areas excluding any building construction. Single Family Homes Built on Spec which are defined as homes of a unique plan or blueprint built by themselves and not in conjunction with other homes of like design and blueprint by a general contractor for sale after completion of construction. Student Housing which is defined as single family or multi unit housing that is built and owned by any schod or educational institution for the purpose of housing students faculty or other personnel of the school or educational institution while they are attending or are employed by the school or a educational institution. Time Shares which are defined as structures that are designed and available for use and occupancy as a residence and that are constructed for the purpose of being offered as part of a timeshare plan as that phrase is defined in the Vacation Ownership Time Share Act of 2004 at California Business Professions Code Section 11212 or as otherwise defined under any similar statutory scheme goveming the offering of residential units to the public for use and occupancy as a vacation property on a recurring periodic basis of less than one year and in effect in the state where the structures are located. Townhouse Projects which are defined as multi unit housing consisting of houses in a row of usually the same or similar design with common side walls or with a very narrow space between adjacent side walls including individual Townhouses. Rental Property Units which are defined as any structures that are built as dwellings with the intended purpose of renting or leasing rather than selling the units to third parties. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Named Insured Policy No. Endorsement No. Countersigned by FMIC GL2007052010 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SELF INSURED RETENTION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE COVERAGE PART This insurance is subject to the following additional provisions which in the event of conflict with any other provisions elsewhere in the policy shall control the application of the insurance to which this endorsement applies The Limits of Insurance provided under the Commercial General Liability Coverage Part the Products Completed Operations Coverage Part or the Owners and Contractors Protective Coverage Partif applicable will apply in excess of the Insured s Self Insured Retention. Our total liability for all claims and damages to which this insurance applies will not exceed the Limits of Liability as stated in SECTION Il LIMITS OF INSURANCE of the policy and the Declarations for the Commercial General Liability the Products Completed Operations Coverage Part or the Owners and Contractors Protective Coverage Part. Our obligation under this policy applies onlyin excess of the Self Insured Retention. A Self Insured Retention Schedule 100000 Self Insured Retention Per Occurrence Not Applicable Self Insured Retention Per Claim Not Applicable Self Insured Retention Aggregate Not Applicable Self Insured Retention Per Occurrence Tr Not Applicable Self Insured Retention Per Claim Trailing Monthly Periodic Reporting Requirement B. The Self Insured Retention amounts stated in the Schedule of this endorsement apply as follows 1. The Insured shall have the obligation to provide at its own expense for the investigation and defense of any occurrence claim or suit which may be covered by this policy and which falls within the Self Insured Retention amount shown in the Schedule. The Insured s obligation to provide for its own defense shall terminate upon the exhaustion by payment of the Self Insured Retention referenced above. The Self Insured Retention may not be exhausted by payments made by any additional Insured any other insurance or any other insurer unless such payments are made under a policy written specifically to cover the Self Insured Retention obligations under this policy. Subject only to the exception stated in the immediately preceding sentence the Insured must make actual payment of the full Self nsured Retention amount before the Limits of Insurance applicable to the coverage parts applicable to this endorsement will apply and before we will have any duty to defend under this policy. Compliance with this clause is a condition precedent to coverage under this policy. In the event of the failure of the Insured to comply with this clause no loss cost expense or other sums shall be payable by us under this policy. If a Per Occurrence Self Insured Retention amount is shown in the Schedule of this endorsement the Per Occurrence amount is the most you will pay for Self Insured Retention amounts arising out of any one occurrence or offense regardless of the number of persons or organizations sustaining injury or damage making claims or bringing suits because of the occurrence or offense subject to the provisions of B.5. below. If a Per Claim Self Insured Retention amount is shown in the Schedule of this endorsement the Per Claim amount is the most you will pay for Self Insured Retention amounts as a result of any one FMIC GL2008 072011 Page 1 of 6 | 2 |
occurrence or offense giving rise to injury or damage sustained by any one person or organization subject to the provisions of B. 5. below. 5. If an Aggregate Self Insured Retention amount is shown in the Schedule of this endorsement the Aggregate amount is the most you will pay for all Self Insured Retention amounts incurred under this policy. This Aggregate amount applies 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 this policy. If no entry appears in the Schedule of this endorsement as Aggregate then your cbligation for payment of Self Insured Retention amounts applies in accordance with the Per Occurrence or Per Claim Self Insured Retention provisions as applicable. 6. If a Per Claim Trailing Self Insured Retention is shown in the Schedule of this endorsement the Per Claim Trailing Self Insured Retention takes the place of the original Self Insured Retention amount once the Self Insured Retention Aggregate as noted in B. 5. is exhausted. The Per Claim Trailing anount is the most you will pay for Self Insured Retention amounts as a result of any one occurrence or offense giving rise to injury or damage sustained by any one person or organizafon. 7. If a Per Occurrence Trailing Self Insured Retention is shown in the Schedule of this endorsement the Per Occurrence Trailing Self Insured Retention takes the place of the original Self Insured Retention amount once the Self Insured Retention Aggregate as noted in B. 5. is exhausted. The Per Occurrence Trailing amount is the most you will pay for Self Insured Retention amounts arising out of any one occurrence or offense regardless of the number of persons or organizations sustaining injury or damage making clims or bringing suits because of the occurrence or offense. 8. If the total sum of any judgment or settiement and defense costs applicable to a claim or suit to which this insurance applies is less than the Self Insured Retention amount stated in the Schedule above then we shall have no obligation under this policy. We will not be obligated to reimburse you or pay defense costs or to pay any loss expenses or legal expenses to you or to anyone else on your behalf. Defense of Claims or Suits within Self Insured Retention We shall have the right but not the duty to defend any claim seeking damages for which coverage would be provided under this policy regardless of the Self Insured Retention amount. Inthe event we incur any defense costs in the exercise of our rights to defend any claim you shall not be liable to reimburse us for those defense costs. Should any occurrence appear likely to exceed the Self Insured Retention no loss expenses or additional defense costs may be incurred on our behalfby an Insured or the Authorized Claim Service Provider without our prior consent. Indemnification Any reference to our agreement to pay those sums that the Insured becomes legally obligated to pay as damages deleted. Instead we agree to pay those sums that the Insured becomes legally obligated to pay or has paid as damages for which coverage is provided by this policy in excess of the Self Insured Retention. Settlement of Claims Any settlement of a claim or suit to which this insurance applies that is made by you or by the Authorized Claims Service Provider must be within the terms and conditions of this endorsement and within the Per Occurrence Per Claim Self Insured Retention. You or the Authorized Claim Service Provider may not settie any claim or suit or incur any expense in a sum which exceeds any Self Insured Retention amount indicated in the Schedule of this endorsement without our written permission to do so. If you fail to obtain such written permission we shall have no obligation to provide coverage for that claim or suit under his pdlicy. Authorized Claim Service Provider You may employ an Authorized Claim Service Provider aaceptable to us for the purpose of providing claim services for settlement of losses within the Self Insured Retertion amounts. You shall pay all claim service fees charges and costs of the Authorized Claim Service Provider in addition to the Self Insured Retention FMIC GL2008 072011 Page 20f 6 | 2 |
amounts as indicated in the Schedule of this endorsement without any reimbursement from us. 1. We and you have mutually agreed upon the use of Company Contact Name Address Phone Number for the purpose of providing claims administration respecting those claims or suits falling within the Self Insured Retention. If a claim is made or a suit is brought against any Insured you must see to it that the above named Authorized Claim Service Provider receives prompt written notice within 48 hrs of each and every claim notice or suit. You and any other involved Insured must a. Immediately send to the above named Authorized Claim Service Provider copies of any claim documentation or demand b. Authorize the above named Authorized Claim Service Provider to obtain records and other information c. Cooperate with the above named Authorized Claim Service Provider in the investigation settlement or defense of the claim or suit. To the extent you do not employ an Authorized Claim Service Provider and you handle claims that fall within the Self Insured Retention yourself you must comply in full with all of the terns and conditions of this endorsement including all terms and provisions thatare applicable to the Authorized Claim Service Provider. Inthe event of cancellation expiration or revision of the claims service contract between you and the company identified in F.1. above you shall notify us within 10 days of such change and shall replace the aforementioned company with another Authorized Claim Service Provider that is acceptable to us. A failure to comply with this provision will result in any paymerts made subsequent to such cancellation expiration or revision that are within the applicable Self Insured Rete rtion amount on account of a claim or suit to which this insurance applies not being counted toward he erosion or exhaustion of the Self Insured Retention Aggregate set forth in the Schedule above. Further it is agreed that prejudice to us as a result of the breach of this provision will be presumed subject to your right to rebut that presumption with clear and convincing evidence. G. Notification of Potential Self Insured Retention Penetration 1. You or the Authorized Claim Service Provider must notify us promptly of an occurrence or offense which may result in a claim under this policy. Notice must include a. How when and where the occurrence or offense took place b. The names and addresses of any insured persons and witnesses and c. The nature and location of any injury or damage arising out of the occurrence or offense. You or the Authorized Claim Service Provider must immediately notify us in writing and provide the information referred to in G. 1. above of any incident claim occurrence or offense without regard to liability invo lving any one of the following a. Death b. Brain damage c. Serious disfiguring burns or burns covering more than twenty five percent 25 of the body FMIC GL2008 072011 Page 30f 6 | 2 |
Spinal Injury Paraplegia or Quadriplegia Amputation or serious functional impairment of any major limb Severe internal body organ damage or loss Multiple fractures Permanent and tota disability Sensory impairment sight hearing taste or smell Loss of sight Rape or assault Sexual abuse or molke station Any allegations of abuse Civil Rights Violations Significant psychological neurological involvement All construction defect claims Class action filed against any Insured Any other occurrence involving bodily injury property damage personal and advertising injury for which the Insured andor the Authorized Claim Service Provider has created a loss reserve equal to or greater than fifty percent 50 of the Per Ocaurrence Per Claim Self Insured Retention Limit You receive a notice of a suit in which the damage demand exceeds the Self Insured Retention andor a suit or claim for punitive damages A potential or actual error or omission in the handling of a claim by the Insured or its Authorized Claim Service Provider A potential or actual conflict of interest between any two or more Insureds or between any Insured and the Authorized Claim Service Provider or between us and any Insured or between any Insured and the Authorized Claim Service Provider. H. Reporting Self Insured Retention You must report on all claims or suits which may be covered under this policy per the following protocol 1. You or the Authorized Claim Service Provider must monitor the cumulative Self Insured Retention incurred amounts to us in accordance with the frequency of report indicated in the Periodic Reporting Requirement of the Schedule of this endorsement. However if the total of all incurred losses and defense costs should at any time during the policy period attain a total amount equal to fifty percent 50 of the Aggregate Self Insured Retention amount you are required in that event to make an immediate report to us as to total incurred losses and defense costs sustained at that time. The Periodic Report that you send to us must be in a format that is acceptable to us and include an accounting of all individual losses and defense costs incurred as of the date of the report. Within sixty 60 days after the end of the policy term you must give us a listing of all existing claims or suits within the Self Insured Retention amounts. Such listing will include the following minimum requirements for each claim or suit A description of each claim or suit The date of the occurrence or offense FMIC GL2008 072011 Page 4 0f 6 Page 40f 6 | 2 |
c. The amounts paid and reserved for future payments for loss and defense costs and d. The current status of the claim or suit. Quarterly thereafter upon the expiration of the policy you are required to give us an updated listing of the status of all claims and suits both paid and reserved until all claims and suits for which the policy may provide coverage are closed or settled. Insured Representations 1. Compliance with the reporting requirements as set forthin G. and H. above in this endorsement is a condition precedent to coverage. You acknowledge that in the event of non compliance we shall not be required to establish prejudice resulting from the non compliance but shall be automatically relieved of liability with respect to the claim or suit with re spect to which there has been non compliance with G. or H. above. By acceptance of this insurance you agree that thisinsurance is excess of the Self Insured Retention in all circumstances. The Insured shall indemnify and hold harmless the Company from any and all loss and all costs including but not limited to adjusting expense and attorney fees incurred in the investigation defense andor settlement of any claim incurred by us and included within the Self Insured Retention. The Insured shall further indemnify and hold us harmless from any and all costs incurred by us including but not limited to the reasonable value of our employee services and attorney s fees incurred in the enforcement of this agreement. Midterm Cancellation Inthe event of a midterm cancellation of this policy the Self Insured Retention amountshown in the Schedule of this endorsement as Aggregate is not subject to any pro rata reduction. Such Aggregate amount will apply as if the policy term had not been shortened. Special Conditions Rights and Obligations Claim Handling 1. We shall have at our option the right to negotiate the settlement of any claim we deem expedient both within and in excess of the applicable Self Insured Retention amount. However we shall obtain your consent prior to entering into any settlement of any claim which is equal to or less than the applicable Self Insured Retention amount. If however you shall refuse to consent to any settlement recommended by us within the Self Insured Retention amount and you shall elect to contest the claim or continue with any legal proceedings in connection with such claim our liabiity for that claim shall not exceed the amount determined by subtracting the Self Insured Retention amount from the amount for which the claim could have been settled including defense costs incurred with our consent to the date of such refusal. We shall have no liability with respect to such claim if that difference is zero or negative. With respect to any claim under this insurance which has been tendered to us and which may exceed the Self Insured Retention amount shown in the Schedule of this endorsement for Per Occurrence or Per Claim whichever applies we may pay any or all of the Self Insured Retention amount and defense costs on your behalf to defend or to effect settlement of such claim. Such amount paid by us shall be reimbursed promptly by you. This applies regardless of whether the damages bodily injury property damage personal and advertising injury medical payments or any other such matters for which coverage is provided under this policy appear likely to exceed the Self Insured Retention amounts stated above. Payments by others including but not limited to addtional Insureds and insurers can not be used to settle a claim or satisfy a verdict payment owed by you within the Self Insured Retention. This endorsement and your obligations under it applies regardless of your insolvency bankruptcy or inability to pay or that of anyone qualifying as an Insured. Your bankruptcy insolvency inability to pay failure to pay or refusal to pay the Self Insured Retention will not increase our obligations under the policy. In the event there is other insurance whether or not applicable to an occurrence claim or suit within the Self Insured Retention of this policy you will continue to be responsible for the full FMIC GL2008 072011 Page 50f 6 | 2 |
amount of the Self Insured Retention before the Limits of Insurance under this policy apply. Bankruptcy insolvency or the inability of anyone qualifying as an Insured to pay the Self Insured Retention set forth in the Schedule will not alter the terms or conditions of this endorsement. 5. If you have rights to recover all or part of any payment we have made under the coverages provided including payments made by us under this endorsement if any those rights are transferred to us. The Insured must do nothing after the loss to impair them. At our request you will bring suit or transfer those rights to us and help us enforce them. Definitions a. Self Insured Retention Means the amount or amounts which you must pay on account of all damages which you may become legally obligated to pay because of bodiy injury property damage personal and advertising injury medical payments or any other such coverage included in the policy and to which this insurance applies sustained by one or more persons or organizations and includes all defense costs incurred in connection with any claim or suit seeking such damages as well as any payments made to settle any such claim or suit. b. Defense costs Means all expenses directly allocable to specific claims and shall include but not be limited to all Supplementary Payments as described under the SUPPLEMENTARY PAYMENTS COVERAGES A AND B provisions of the policy all fees for service of process court costs court expense pre and post judgment interest attomeys fees cost of undercover operative and detective services costs and expenses of employing experts costs for legal transcripts copies of any public records and costs of depositions and court reporters or recorded statements alternative dispute resolution costs and expenses of subrogation and any similar fee cost or expense reasonably chargeable to the investigation negotiation settlement or defense of a loss or a claim or suit against you or for the protection and perfection of your or our subrogation rights but excludes the Authorized Claim Service Provider s per claim service fees salaries of the Insured s employees and office expenses of the Insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by FMIC GL2008 072011 Page 60f 6 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL CONDITIONS FOR SUBCONTRACTORS INCLUDING DEDUCTIBLE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE P ART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM SECTION IV CONDITIONS is amended and the following Policy Conditions added 1. Certificates of insurance with limits of liability equal to or greater than those provided by this policy underwritten by an insurance company with at least an A7 Best rating as defined by AM Best will be obtained from all subcontraciors prior to commencement of any work performed for the insured. Insurance must be maintained during the policy period to coincide with those listed on this policy s declaration page. Note If this policy provides a per location or per project aggregate subcontractor s policy must also provide the same. 2. The insured will obtain hold harmless agreements from subcontractors indemnifying the insured and the owner against all losses for work performed for the insured by any and all subcontractors. 3. The insured will be named as Additional Insured on all subcontractors General Liability policies. Evidence of compliance must be provided to the company during the annual premium audit. Failure to comply with the above conditions will result in the following 1. Additional premium will be charged ata rate of 25.00 per 1000 of contract costs. 2. A deductible of 25000will also apply for any losses that is the result of subcontractors operations. This deductible is applicable only to losses that is due to subcontractor s operations. Any other deductible listed on the policy declarations or found in any policy endorsement remains as scheduled. Commercial General Liability coverage maintained by subcontractors shall be primary and this policy shall be excess of limits of liability of such insurance not withstanding the language of the Other Insurance provisions of this policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information s required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by Countersigned by FMIC GL2009092012 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CROSS SUITS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions and SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions are amended and the following is added CROSS SUITS EXCLUSION This Policy does not apply to a claim demand or suit for damages initiated alleged or caused to be brought about by a Named Insured covered by this Policy against any other Named Insured. It is the intent of this exclusion to exclude from this insurance all claims demands or sits as above described. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy urless otherwise stated herein. The following information s required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by Authorized Repres entative FMIC GL2010112011 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTINUOUS OR PROGRESSIVE INJURY AND DAMAGE EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE P ART OWNERS AND CONTRACTORS PROTECTIVE COVERAGE PART It is agreed under Section COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement Paragraph b 3 and d are deleted in their entirety and the following exclusion is added to Section I 2. Exclusions of this policy. This insurance does not apply to 1. Any damages arising out of or related to bodly injury or property damage whether such bodily injury or property damage is known or unknown a which first occurred in whole or in part prior to the inception date of this policy or the retroactive date of this policy if any whichever is earlier or b which are or are alleged to be in the process of occurring as of the inception date of the policy or the retroactive date of this policy if any whichever is earlier even if the bodily injury or property damage continues during this policy period or c which were caused or are alleged to have been caused by the same conditions or defective construction which first existed prior to the inception date of this policy. 2. Any damages arising outof or related to bodily injury or property damage whether known or unknown which are in the process of adjustment settlement or suit as of the inception date of this policy or the retroactive date of this policy if any whichever is earlier. We shall have no duty to defend any insured against any loss claim stiit or other proceeding alleging damages arising out of or related to bodily injury or property damage to which this endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information s required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by FMIC GL2011042011 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION FIREARMS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and COVERAGE B PERSONAL AND ADVERTSING INJURY LIABILITY 2. Exclusions are amended and the following added This insurance does not apply to claims suits loss damages or costs or expenses including but not limited to costs of defense based on or dectly or indirectly arising out of any use existence or threatened use or existence of firearms of any kind by any insured or any agent representative contractor or subcontractor or any other person acting on behal of any insured. It is the intent of this endorsement to exclude from this insurance any claim demand or suit as described above. Therefore there shall be no duty or obligation on the part of the Company under this insurance to respond to investigate or defend anyone including but not limited to any insured its agents servants or employees or any third parties for any such claim demand or suit. This exclusion applies whether or not such firearms has any function in your business operations premises site or location. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by Policy No. Endorsement No. Countersigned by FMIC GL2075052011 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HAZARDOUS MATERIALS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE COVERAGE PART A. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions and SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and SECTION COVERAGES BODILY INJURY AND PROPERTY DAMAGE LIABILITY are amended and the following Exclusion is added This insurance does notapply to Hazardous Materials 1 Bodily injury property damage or personal and advertising injury which would not have occurred in whole or part but for the actual alleged or threatened discharge ingestion inhalation dispersal seepage migration release or escape of hazardous materials at any time. 2 Any loss cost or expense arising out ofany a Request demand order or statutory or regulatory requirement that any insured or others test far monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of hazardous materials or b Claim or suit by or on behalf of a govemmental 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 hazardous materials. 3 Any obligations to share damages with or indemnify another party whom must pay damages because of injury or damage relating to hazardous materials. 4 Any supervision instructions recommendations wamings or advice given or which should have been given in connection with paragraphs 1 2 or 3 above This exclusion applies whether or not such hazardous materials has any function in your business operations premises site or location. B. SECTION V DEFINITIONS is amended and the following added Hazardous materials means pollutants and materials that are radioactive corrosive oxidizers asphyxiates biohazardous toxic pathogen or allergen substances and organisms lead asbestos silica and materials containing them. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Named Insured Endorsement No. Countersigned by FMIC GL2077042011 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PUNITIVE OR EXEMPLARY DAMAGES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE COVERAGE PART LIQUOR LIABILITY COVERAGE FORM This insurance does not apply to any claim for puritive or exemplary damages fines or penalties imposed by law restitution or any damages which are a muttiple of or in addition to compensatory damages including related interest or costs whether or not such damages related interest or costs are characterized as punitive or exemplary damages hereinatter referred to as punitive or exemplary damages. If a suit shall have been brought against the insured for a claim falling within the coverage provided under the policy seeking both compensatory and punitive or exemplary damages then the company will afford a defense to such action however the company shall not have an obligation to pay for any costs interest or damages attributable to punitive or exemplary damages. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information s required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by FMIC GL2088022012 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL SERVICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions are amended and the following is added EXCLUSION PROFESSIONAL SERVICES This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of or resulting from the rendering or failure to render any professional service by any Insured or any act error omission defect or deficiency in any test performed or any evaluation consultation opinion advice designs maps surveys reports specifications given by or on behalf of any Insured or the reporting of or reliance upon any such test performed. Professional service includes but is not limited to 2 3 C 5 Legal accounting or advertising services Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specilications by any architect engineer or surveyor performing services on a project Inspection supervision quality control architectural or engineering activities done by or for you on a project Engineering services including related supervisory o inspection services Appraisers brokers banks fiduciaries planners computer and computer software design and electronic processing or transmission Any service treatment advice or instruction relating to physical fimess including service treatment advice or instruction in connection with diet cardio vascular fitness body building or physical training programs Medical surgical dental x ray or nursing services treatment advice or instruction whether employed or contracted including but not limited to physicians surgeons osteopaths podiatrists dentists orthodontists chiropractors psychiatrists psychologists nurses therapists or other health care services Hospitals nursing homes extended care faciliies blood banks laboratories or other health care providers Any senvice treatment advice o instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices Body piercing o tattooing services including but not limited to the insertion of pigment collagen or any other foreign substance into or under the skin Services in the practice of pharmacy Law enforcemert or firefighting services and Handling embalming disposal burial cremation or disinterment of dead bodies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by Policy No. Endorsement No. Countersigned by FMIC GL2089052011 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION HAZING This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions is amended and the folowing Exclusion is added This insurance does not apply to Bodily injury or property damage whether direct orindirect caused by resulting from contributed to or aggravated or arising from or aleging to have arisen from hazing or from the acts of another person or organization for whom the insured is legally liable from such hazing. We shall have no duty or obligation on our part under this insurance to defend respond to investigate or indemnify any insured against any loss claim suit or other proceeding alleging damages arising out of or related to bodiy injury or property damage to which this endorsement applies. This exclusion also applies to any obligation to share damages with repay or indemnify someore else who must pay damages because of such bodily injury or property damage. SECTION V DEFINITIONS is amended and the following is added Hazing means without lim itation Any form of bodily injury mental distress or property damage arising out of a harmfu act or situation created by any insured with or without the consent of another party including punishment harassment distubance embarassment intimidation ill treatment discomfort personal abuse persistent toment criticism or ridicule of a physical or mental nature which is imposed upon any person by the execution upon them their subjection to or the extraction from them of any unnecessary needless unpleasant disagreeable difficult absurd abusive offensive or ridiculous tricks or tasks including those of a foolish deceptive or fraudulent nature. The action of Hazing may or may not be used as a way of initiating a personinto a group. Hazing may or may not be prohibited by law and may be either physical possibly violent or mental possibly degrading practices. It may also include nudity or sexually oriented activities. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement foms a part of the Policy to which attached effective on the inception date of the Pdlicy unless otherwise stated herein. The following infomation is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by Policy No. Endorsement No. Countersigned by FMIC GL2159072011 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM EARNED PREMIUM ENDORSEMENT The following additional policy Conditions supersede any other policy conditions and the Named Insured hereby agrees that the total policy premium and minimum earned premiums due for this policy shall be calculated in accordance with the following Total Policy Premium This policy is subject to a Total Policy Premium which means the premium that is calculated as fdlows 1. The deposit premium as shown in the policy Declarations plus 2. Any premium adjustment by endorsement plus 3. Any additional premium developed by audit. The premium entered on the Declarations page of this policy as DEPOSIT PREMIUM is a provisional premium only and is subject to adjustment in accordance with our rules rates and the Premium Audit provisions of this policy. A. Minimum Earned Premium by Date Certain If the box below is checked and a date filled in where applicable the minimum eamed premium for this policy will be 100 eamed by the specific date referenced in this endorsement and there will be no return of premium if you cancel this policy. After the premium is fully earned. B. Audits and Minimum Earned Premium With regard to audits the DEPOSIT PREMIUM as stated in the policy Declarations can not be reduced due to an audit. Premium adjustments affected as a result of premium audits may be done while the policy is in effect or after the policy is no longer in effect. The due date for audit premiums is the date shown as the due date on the bill. C. Cancellation and Minimum Earned Premium 1. If you cancelthis policy the returm premium will be the lesser of a. 90 of the pro rata uneamed premium or b. 75 of the Deposit Premium. 2. If the Named Insured fails to remit premium payment when due such failure shall be considered a request by the Named Insured to cancel this policy and the return premium will be determined in accordance with C. 1. 3. If we cancel the policy for any reason other than for non payment of premium the minimum earned premium shall not apply. We will return to you the pro rata amount of the unearned premium ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by FMIC GL2163052012 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF TERRORISM Notwithstanding anything to the contrary contained in the policy or any endorsement attached thereto it is agreed that this insurance does not apply to any injury or damage caused directly by or as a consequence of a certified act of terrorism or other act of terrorism including any action not otherwise excluded under the War and Military Action exclusion that is taken by a government or sovereign power de jure or de facto in controlling preventing suppressing retaliating against or in any way responding to a certified act of terrorism or other act of terrorism. Such injury or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss even if the act of a certified act of terrorism or other act of terrorism that causes or results in the loss or damage itself is itself a cause of loss that is otherwise insured against under this pdicy. If by reason of this exclusion we allege that any loss or damage under this policy is not covered the burden of proving that such loss or damage is covered shall be upon you. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury environmental damage or erors or omissions as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is cerified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attibutable to all types of insurance subject to the Terrorism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian pop ulation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. Other act of terrorism means any violent act that is dangerous or destructive to human life property or infrastructure whether actual or threatened and whether committed by one or more persons acting alone or in connection with any group or organization. The act must not be certified as a certified act of terrorism pursuant to the federal Terrorism Risk Insurance Act and the act must contain one or more of the following criteria a. The act is intended to influence coerce or protest against the actions behavior or policies of any government or sovereign pow er de jure or de facto or any segment of the government or sovereign or b. To further any political ideological economic religious or social aim objective or cause or c. To disrupt any segment of the gobal economy or the economy of any country or political state. It is the intent of this endorsement to exclude from this insurance all clams demands or suits arising from the insurable coverage excluded under this endorsement. There shall therefore be no duty or obligation on our part under this insurance to defend respond to investigate or indemnify anyone including but not imited to you your agents servants or employees or any third parties for any such claim demand or suit. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement foms a part of the Palicy to which attached effective on the inception date of the Policy unless othemwise stated herein. The following infomation is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by Policy No. Endorsement No. Countersigned by FMIC GL2172 072011 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SEXUAL ABUSE AND OR MISCONDUCT EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions of the COMMERCIAL GENERAL LIABILITY COVERAGE PART and SECTION LIQUOR LIABILITY COVERAGE 2. Exclusions of the LIQUOR LIABILITY COVERAGE PART are amended and the following added SEXUAL ABUSE AND OR MISCONDUCT EXCLUSION A Claims or suits to recover damages for bodily injury property damage personal and advertising injury or injury based upon related to arising out of directly or indirectly resulting from in consequence of in any way connected to or in the sequence of events involving any actual or alleged Sexual Abuse andor Misconduct those items are defined herein and claims or suits for false arrest false detention or false imprisonment where such false arest false detention o false imprisonment is based upon relates to arises out of directly or indirectly or indirectly results from is in consequence of is in any way connected to or is in the sequence of events involving any actual or alleged Sexual Abuse andlor Misconduct. Pursuant to this exclusion the Company is under no duty to defend or indemnify any Insured regardless of the degree of culpability or intent and without regard to 1. Whether the acts are alleged to be by or at the instruction or at the direction of any Insured its her is officers employees agents or servants or by any other person lawfully or otherwise on at or near premises owned or occupied by any Insured or by any ofher person 2. Whether the acts are alleged to be the legal or proximate or but for cause of bodily injury damage or injury to have concurrently caused or independently caused said bodily injury damage or injury property property 3. The actual or alleged failure or fault of any Insured or its herfhis officers employees agents or servants in the hiring supervision retention or control of any person whether or not an officer employees agent or servant of any Insured 4. The actual or alleged failure or fault of any Insured orits her his officers employees agents or servants to attempt to suppress prevent bar manage or halt any such acts which may constitute Sexual Abuse andor Misconduct 5. The actual or alleged failure or fault of any Insured o itsther his officers employees agents or servants to maintain a safe or secure environment or place of business 6. Any act eror or omission by any Insured or its herhis officers employees agents or servants in rendering or failing to render aid or assistance to any person or 7. The theory of or basis for liability recovery or relief or the manner in which such theory of or basis for liability recovery or relief is alleged asserted or pleaded including but not limited to claims or suits which allege assert o plead negligence in whole or in part where the operative acts andor underlying events constitute an Sexual Abuse andor Misconduct. The Company shall have the sole and exclusive right to determine whether or not such operative acts andor underlying events constitute a Sexual Abuse andor Misconduct. If such determination is disputed the Company shall have the right in addition to all other rights and remedies at law andor in equity to file and prosecute an action for declaratory relief at any time in a court having appropriate jurisdiction. B. This exclusion applies to any claim or suit by any person firm or organization asserting rights derived from or contingent upon any person having or asserting a claim o suit that is excluded under paragraph A. above. This exclusion also excludes from coverage claims and suis for 1. Emotional distress or for loss of society services consortium andor income 2. Reimbursement for expenses including but not limited to medical expenses hospital expenses and wages paid orincurred by such other person firm or organization or FMIC GL2198112011 Page 1 0f2 | 2 |
3. Any obligation to share damages with indemnify or repay someone who must pay damages because of bodily injury property damage or injury where such claims or suits are based upon relate to arise out of directly or indirectly result from are in consequence of are in any way connected to or are in e sequence of events involving any actual or alleged Sexual Abuse andor Misconduct. SECTION V DEFINITIONS of your Commercial General Liability Coverage Part and Liquor Liability Coverage Part is amended and the following added Sexual Abuse andor Misconduct is defined as sexual andor physical abuse misconduct molestation or licentious immoral or sexual behavior whether intended or not intended to lead to or culminating in any sexual act whether caused by or at the instigation of or at the direction of or omission by any Insured employees patrons or anyone whatsoever and shall further include but is not limited to the negligent or intentional infliction of physical emotional or psychological injury orharm on any person or persons in the care custody or control of the Insured. THIS ENDORSEMENT SUPERCEDES AND REPLACES ANY OTHER PROVISIONS OF THE POLICY THAT ARE INCONSISTANT WITH THE TERMS OF THIS ENDOSREMENT. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by Policy No. Endorsement No. Countersigned by FMIC GL2198112011 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OPERATIONS COVERED BY A DEDICATED INSURANCE PROGRAM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and COVERAGE B PERSONAL AND ADVERTSING INJURY LIABILITY 2. Exclusions are amended and the following added This insurance does not apply to any bodily injury property damage or personal and advertising injury 1. Arising out of your ongoing operations at or 2. Included within the products completed operations hazard arising out of your work at any construction project which is or was subject to a dedicated insurance program. This exclusion applies whether or not the dedicated insurance program Provides coverage to one or more contractors Provides multiple lines of coverage Provides coverage identical to that provided by this Coverage Part Has limits adequate to cover all claims or Remains in effect. aRwn For the purposes of this endorsement dedicated insurance program means Wrap Up programss Owner Controlled Insurance Programs and any other job or project specific insurance programs whether provided by you or any other person or entity. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by FMIC GL2211112011 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSECT VERMIN COVERAGE LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE OF LIMITS OF INSURANCE INSECT VERMIN Insect Vermin Per Occurrence Limit 1000 Insect Vermin Aggregate Limit 5000 SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions is amended and the following added INSECT VERMIN EXCLUSION This insurance does not apply to claims or suits to recover damages for bodily injury or property damage. based upon related to arising out of directly or indirectly resulting from in consequence of in any way connected to or in the sequence of events involving any actual or alleged bodily injury or property damage caused by insect or vermin as those items are defined herein. Pursuant to this exclusion the Company is under no duty to defend or indemnify any Insured regardless of the degree of culpability or intent. Additionally this exclusion applies to any claim or suit by any person fimn or organization asserting rights derived from or contingent upon any person having or asserting a claim or suit that is excluded under this endorsement. This exclusion also excludes from coverage all claims and suiits for 1. Emotional distress or for loss of society services consortium andor income or 2. Reimbursement for expenses including but not limited to medical expenses hospital expenses and wages paid or incurred by such other person firm or organization or 3. Any claim or suit involving negligent supervision instructions recommendations warnings or advice given or which should have been given in connection with any services or advice related to the prevention or remediation of insect or vermin as those items are defined herein or 4. Any claim or suit by or on behalf of any governmental authority or any other alleged responsible party or request demand order or statutory or regulatory requirement that any Insured or any other person or entity should be or should be responsible for assessing the presence absence or amount or effects of insect or vermin or 5. Any act error or omission by any Insured or its her his officers employees agents or servants in rendering or failing to render aid or assistance to any person or 6. Any claim or suit involving any act error or omission in identifying sampling or testing for detecting monitoring cleaning up removing containing treating detoxifying neutralizing abating disposing of or mitigating insect or vermin as those items are defined herein or 7. Any obligation to share damages with indemnify or repay someone who must pay damages because of bodily injury or property damag where such claims or suits are based upon relate to arise out of directly or indirectly result from are in consequence of are in any way connected to or are in the sequence of events involving any actual or alleged bodily injury or property damage caused by insects or vermin. INSECT VERMIN EXTENTION OF COVERAGE AND LIMITS OF INSURANCE A ff a claim or suit is excluded from coverage by operation of the Insect Vermin Exclusion the Company hereby agrees to waive the Insect Vermin Exclusion but only tothe extent of the limits shown in the Schedule of Limits of Insurance set forth in the Insect Vermin Coverage Limitation endorsement and incorporated herein. The Insect Vermin Per Occurrence Limit is the most we will pay for all damages and claim expenses for all claims or suits based upon related to arising out of directy or indirectly resulting from in consequence of in any way connected o or in the sequence of events involving any insect or vermin as those items are defined herein. FMIC GL2213122011 Page 1 of 2 Page 1 of 2 | 2 |
Any series of related incidents of insect or vermin shall be deemed to be a single occurrence or occurrence for purposes of the Insect Vermin Per Occurrence Limit regardless of the number of persons that have sustained injury or damage. The Insect Vermin Aggregate Limit is the most we will pay for all damages and claim expenses for all claims or suits based upon related to arising out of directly or indirectly resulting from in consequence of in any way connected to or in the sequence of events involving any bodily injury or property damage resiting from insect or vermin as those items are defined herein. The incurrence of claim expenses serves to reduce and may exhaust the Limits of Insurance available to pay for damages because of insect or vermin as those items are defined herein. The right and duty to defend with respect to any insect or vermin claim ends when we have used up the Insect Vermin Per Occurrence Limit or the InsectVermin Aggregate Limit. B. The coverage provided by your Commercial General Liability Coverage Form for bodily injury or property damage arising out of insect or vermin claims and or suits are subject to the Insect Vermin Per Occurrence Limit and the Insect Vermin Aggregate Limit as scheduled in this endorsement. 1. The InsectVermin Per Occurrence Li may apply for it as set forth herein is the most we will pay under which this endorsement a. all damages under Section Coverage A of your Commercial General Liability Coverage Form and because of all bodily injury or property damage arising out of any one occurrence or occurrence andor incident involving insect or vermin. 2. The Insect Vermin Aggregate Limit shown in the schedule of this endorsement is the most we will pay under which this endorsement applies for the sum of a. all damages under Section Coverage A and arising out of all claims or suits for insect or vermin. 3. Any damages payable under this endorsement shall be included within and reduce a. the Each Occurrence Limit and b. the General Aggregate Limit except damages because of bodily injury or property damage included in the products completed operations hazard of the Commercial General Liability Coverage Form as applicable. SECTION V DEFINITIONS of your Commercial General Liability Coverage Form is amended and the following added Insect means any of very numerous small air breathing arthropod of the class Insecta having a body divided into head thorax and abdomen three pairs of legs and in most species two pairs of wings. Insects comprise about five sixths of all known animal species with a total of over one milion named species including flies crickets bees beetles and gnats. Insect also includes Cimicidae bedbugs which are small parasific insects. The most common type is Cimex lectularius. The term usually refers to species that prefer to feed on human blood. Vermin is a term applied to various animal species regarded by some as pests or nuisances and especially to those associated with the carrying of disease including smaller rodents and insects but the term is also applied to larger animals especially small predators on the basis that they exist out of balance with a human defined desired environment where they are nomally accused of consuming excessive resources. THIS ENDORSEMENT SUPERCEDES AND REPLACES ANY OTHER PROVISIONS OF THE POLICY THAT ARE INCONSISTANT WITH THE TERMS OF THIS ENDORSEMENT. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information s required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by Policy No. Endorsement No. Countersigned by Page 2 of 2 FMIC GL2213122011 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ATHLETIC OR SPORT PARTICIPANTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions is amended and the following added Athletic or Sport Participants This insurance does not apply to any actual or alleged bodily injury to any person arising out of your ongoing operations resulting from practicing for or participating in any athletics athletic contest exhibition activity game sport or in any recreational activity. This exclusion applies whether or not such activity had any function in your business operations premises site or location. SECTION V DEFINITIONS is amended and the following additional definitions apply with respect to this exclusion Athletics means activities such as sports exercises and games including the principles or system of training and practice for such activities. Athletic contest means a contest between athletes or a struggle for superiority or victory between rivals and occasion on which a winner is selected from among two or more contestants. Exhibition means a public display of skills activities or the act of exhibiting or the state of being exhibited. Activity means the state of being active energetic action or movement liveliness or a specified purstit in which a person partakes. Game means an activity providing entertainment or amusement or a pastime such as party games word games or a competitive activity or sport in which players contend with each other according to a set of rules. Sport means physical activity that is governed by a set of rules or customs and often engaged in competitively or an activity involving physical exertion and skill that is governed by a set of rules or customs and often undertaken competitively. Recreational activity means an activity that refreshes and recreates or an activity that renews your health and spirits by enjoyment and relaxation or a pleasant activity which one enjoys doing in one s spare time. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy urless otherwise stated herein. The following information s required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by Policy No. Endorsement No. Countersigned by FMIC GL2312072012 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. REPORTED LOCATIONS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is agreed under Section COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1.Insuring Agreement and SECTION COVERAGES COVERAGE B PERSONAL and ADVERTISING INJURY LIABILITY 1. Insuring Agreement are amended and the following added This insurance only applies to bodily injury property damage and personal and advertising injury that arise out of your ownership or management of reported locations and only for bodily injury property damage or personal and advertising injury arising out of occurrences or offenses that took place during the fime that you owned or managed such reported location. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended and the following added Report of reported locations 1. You mustfile areport with us following each reporting period identifying the details required below for each reported location. 2. You mustfile the report required by this condition with us within ten 10 days at the end of each reporting period. 3. Each report must contain the following information for each reported location a. Street address city and state of the reported location b. Date you began owning or managing the reported location c. Date you ceased owning or managing the reported location if applicable. 4. You may not correct inaccurate reports after loss or damage occurs at alocation that was inaccurately reported or not reported. 5. Failure to submit reports as required by this provision will result in no coverage for locations not reported and coverage will apply only to locations listed in the previously submitted report. NEWLY ACQUIRED LOCATIONS. Any real property that you newly acquire or begin managing will qualify as a reported location if there is no similar insurance applicable to your interest or operations at that property. However 1. Coverage under this provision is afforded only until the next report of reported locations when the newly acquired property must be reported. I you acquire or begin managing the newly acquired property ten 10 days or less before the next report of reported locations coverage under this provision is afforded until the second report of reported locations after your acquisition or the start of your management of the property 2. Coverage A does not apply to bodily injury o property damage arising out of the newly acquired property that occurred before you acquired or managed the property and 3. Coverage B does not apply to personal and advertising injury arising out of an offense committed at the newly acquired property before you acquired or managed the property. FMIC GL2329082012 Page 1 of 2 | 2 |
SECTION V DEFINITIONS is amended and the following added Reporting Period means the insured s required Semi Annually reporting of any property owned or managed which has been updated from the prior reporting period. Reporting Location means any property owned or managed by anamed insured as identified in reports on file with us or that is a newly acquired location as described in the Newly Acquired Locations paragraph of this endorsement. A property is no longer a reported location when you stop reporting it to us or your ownership or management of the reported location ceases whichever occurs first. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information s required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by FMIC GL2329082012 Page 2 of 2 | 2 |
U.S. TREASURY DEPARTMENT S 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 OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous I Foreign agents I Front organizations 1 Terrorists I Terrorist organizations and I Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site 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 a Specially Designated Nationd and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to 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. Other limitations on the premiums and payments also apply. FMIC OFAC 12 12 | 2 |
INTERLINE IL 0021 05 04 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART 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 2 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 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. C. Under any Liability C overage 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 ordispersed 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 3 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. ISO Properties Inc. 2001 IL 00 21 0504 Page 10f 2 o | 2 |
2. 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 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 induded 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 handiing processing or packaging waste c d 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 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 al forms of radioactive contamination of property. Page 2 of 2 ISP Properties Inc. 2001 IL 00 21 05 04 | 2 |
CLAIM NOTIFICATION Send all claim notifications and information to First Mercury Insurance Company P.O. Box 5096 Southfield Michigan 48086 Or 26600 Telegraph Rd. Southfield MI 48033 Or Faxto First Mercury Insurance Company Attn Claim Department Fax Number 248 357 5036 This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. FMIC Claim Notification 122006 | 2 |
IRy 26600 Telegraph Rd. Southfield MI 48033 P.O. Box 5069 Southfield MI 48086 07082013 Re School District of Kansas City IL CGL0000006650 02 IMPORTANT NOTICE TO POLICYHOLDERS PLEASE REVIEW THIS RENEWAL DECLARATION CAREFULLY. WHILE YOUR POLICY NUMBER AND INSURANCE CARRIER HAVE NOT CHANGED FROM YOUR EXPIRING POLICY THE ATTACHED DECLARATION PAGE UPDATES COVERAGES TERMS AND CONDITIONS FOR YOUR RENEWAL TERM AND MAY DIFFER FROM THOSE EXPIRING AS WELL AS THOSE REQUESTED IN YOUR RENEWAL APPLICATION. NEW OR CHANGED POLICY FORMS WILL BE THE ONLY FORMS ATTACHED TO THIS RENEWAL DECLARATION. PLEASE REVIEW THIS DECLARATION AND OR CONSULT WITH YOUR AGENT BROKER AND ADVISE US IMMEDIATELY IN WRITING OR VIA FAX SHOULD YOU HAVE ANY QUESTIONS CONCERNS OR CHANGES TO YOUR POLICY. Telephone 1 800 762 6837 Fax 1 248 358 2459 | 2 |
Policy Number WFR GL10000165 02 Q RESORTS INC. Q BURKE MOUNTAIN RESORT 830 JAY PEAK RD JAY VT 05859 7046 ATTACHED ARE DOCUMENTS FOR THE FOLLOWING NAMED INSURED Q RESORTS INC. Q BURKE MOUNTAIN RESORT LLC Q 830 JAY PEAK RD JAY VT 05859 7046 12 02 20 ity PRMTTIMAL. FRE SR A SV VMM SV Ve Q RESORTS INC. Q BURKE MOUNTAIN RESORT 830 JAY PEAK RD JAY VT 05859 7046 ATTACHED ARE DOCUMENTS FOR THE FOLLOWING NAMED INSURED Q RESORTS INC. Q BURKE MOUNTAIN RESORT LLC Q 830 JAY PEAK RD JAY VT 05859 7046 Q RESORTS INC. Q BURKE MOUNTAIN RESORT 830 JAY PEAK RD JAY VT 05859 7046 ATTACHED ARE DOCUMENTS FOR THE FOLLOWING NAMED INSURED Q RESORTS INC. Q BURKE MOUNTAIN RESORT LLC Q 830 JAY PEAK RD JAY VT 05859 7046 INSURED | 2 |
Hanover Insurance Group NOVA CASUALTY COMPANY COMMERCIAL INSURANCE POLICY The ver Insurance Group NOVA CASUALTY COMPANY COMMERCIAL INSURANCE POLICY The Hanover Insurance Group NOVA CASUALTY COMPANY COMMERCIAL INSURANCE POLICY INSURED | 2 |
NOTICE TO POLICYHOLDERS INSURANCE FRAUD This Notice does not form a part of your insurance contract. No coverage is provided by this Notice nor can it be construed to be in addition to or replace any provisions of your policy including its endorsements. If there is any conflict between this Notice and your policy including its endorsements the provisions of the policy including its endorsements shall prevail. Insurance Fraud... It s a crime that affects all of us. According to the Federal Bureau of Investigation the total cost of insurance fraud non health insurance is estimated to be more than 40 billion per year. Over the past few years the number of documented cases of insurance fraud has soared with costs passed along to policyholders as increased premiums. We at NOVA Casualty Company are committed to stopping this crime. We have established a Special Investigation Unit to combat insurance fraud and you can help by confidentially providing us with any information about persons who have committed fraud or intend to commit fraud. Call the toll free NOVA Casualty Company Fraud Tip Line at 1 800 799 6980 24 hours a day seven days a week. NOVA Casualty Company 440 Lincoln Street Worcester MA 01653 Fraud Tip Line 1 800 799 6980 APN 0108 0413 Page 1 of 1 INSURED | 2 |
MINIMUM EARNED PREMIUM NOTICE TO POLICYHOLDERS This Notice does not form a part of your insurance contract. No coverage is provided by this Notice nor can it be construed to replace any provisions of your policy including its endorsements. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements shall prevail. Your policy may contain one or more types of coverage that have a minimum earned premium. If this insurance is cancelled at your request we will retain the minimum earned premium. Please contact your agent with any questions. APN01270611 INSURED | 2 |
Privacy Policy and Producer Compensation Practices Disclosures Privacy Policy Disclosure Collection of Information We collect personal information so that we may offer quality products and services. This information may include but is not limited to name address Social Security number and consumer reports from consumer reporting agencies in connection with your application for insurance or any renewal of insurance. For example we may access driving records insurance scores or health information. Our information sources will differ depending on your state andor the product or service we are providing to you. This information may be collected directly from you andor from affiliated companies non affiliated third parties consumer reporting agencies medical providers and third parties such as the Medical Information Bureau. Disclosure of Information We may disclose non public personal information you provide as required to conduct our business and as permitted or required by law. We may share information with our insurance company affiliates or with third parties that assist us in processing and servicing your account. We also may share your information with regulatory or law enforcement agencies reinsurers and others as permitted or required by law. Our insurance companies may share information with their affiliates but will not share information with non affiliated third parties who would use the information to market products or services to you. We do not share the non public personal information of customers of our SEC regulated companies or customers who own products of ours which are SEC regulated with affiliated or non affiliated companies who would use that information to market products or services to you. Our standards for disclosure apply to all of our current and former customers. Safeguards to Protect Your Personal Information We recognize the need to prevent unauthorized access to the information we collect including that held in an electronic format on our computer systems. We maintain physical electronic and procedural safeguards intended to protect all non public personal information. Internal Access to Information Access to personal nonpublic information is limited to those people who need the information to provide our customers with products or services. These people are expected to protect this information from inappropriate access disclosure and modification. Consumer Reports In some cases we may obtain a consumer report in connection with an application for insurance. Depending on the type of policy a consumer report may include information about you or your business such as character general reputation personal characteristics mode of living credit history driving record including records of any operators who will be insured under the policy andor an appraisal of your dwelling or place of business that may include photos and comments on its general condition. Access to Information Upon written request we will inform you if we have ordered an investigative consumer report. You have the right to make a written request within a reasonable period for information concerning the nature and scope of the report and to be interviewed as part of its preparation. You may obtain a copy of the report from the reporting agency and under certain circumstances you may be entitled to a copy at no cost. APN 01 38 0312 Page 1 of 2 Page 1 of 2 INSURED | 2 |
You also may review certain information we have about you or your business in our files. To review information we maintain in our files about you or your business please write to us providing your complete name address and policy numbers and indicating specifically what you would like to see. If you request actual copies of your file there may be a nominal charge. We will tell you to whom we have disclosed the information within the two years prior to your request. If there is not a record indicating that the information was provided to another party we will tell you to whom such information is normally disclosed. There is information that we can not share with you. This may include information collected in order to evaluate a claim under an insurance policy when the possibility of a lawsuit exists. It may also include medical information that we would have to forward to a licensed medical doctor of your choosing so that it may be properly explained. Correction of Information If after reviewing your file you believe information is incorrect please write to the consumer reporting agency or to us whichever is applicable explaining your position. The information in question will be investigated. If appropriate corrections will be made to your file and the parties to whom the incorrect information was disclosed if any will be notified. However if the investigation substantiates the information in the file you will be notified of the reasons why the file will not be changed. If you are not satisfied with the evaluation you have the right to place a statement in the file explaining why you believe the information is incorrect. We also will send a copy of your statement to the parties if any to whom we previously disclosed the information and include it in any future disclosures. Our Commitment to Privacy In the insurance and financial services business lasting relationships are built upon mutual respect and trust. With that in mind we will periodically review and revise our privacy policy and procedures to ensure that we remain compliant with all state and federal requirements. If any provision of our privacy policy is found to be non compliant then that provision will be modified to reflect the appropriate state or federal requirement. If any modifications are made all remaining provisions of this privacy policy will remain in effect. For more detailed information about our privacy policy visit our Web site located at www.hanover.com. Producer Compensation Disclosure Our products are sold through independent agents and brokers often referred to as Producers. We may pay Producers a fixed commission for placing and renewing business with our company. We may also pay additional commission and other forms of compensation and incentives to Producers who place and maintain their business with us. Details of our Producer compensation practices may be found at www.hanover.com. Further Information If you have questions about our privacy policy or if you would like to request information we have on file please write to us at our Privacy Office N435 The Hanover Insurance Group Inc. 440 Lincoln Street Worcester MA 01653. Please provide your complete name address and policy numbers. A copy of our Producer Compensation Disclosure is also available upon written request addressed to the attention of the Corporate Secretary N435 The Hanover Insurance Group 440 Lincoln Street Worcester MA 01653. This notice is being provided on behalf of the following Hanover Companies The Hanover Insurance Group Inc. Allmerica Financial Alliance Insurance Company Allmerica Financial Benefit Insurance Company Allmerica Plus Insurance Agency Inc. Citizens Insurance Company of America Citizens Insurance Company of llinois Citizens Insurance Company of the Midwest Citizens Insurance Company of Ohio Citizens Management Inc. AIX Ins. Services of California Inc. Benchmark Professional Insurance Services Inc. Campania Insurance Agency Co. Inc. Campmed Casualty Indemnity Co. Inc Chaucer Syndicates Limited Educators Insurance Agency Inc. Hanover Specialty Insurance Brokers Inc. The Hanover American Insurance Company The Hanover Insurance Company The Hanover New Jersey Insurance Company The Hanover National Insurance Company Hanover Lloyd s Insurance Company Massachusetts Bay Insurance Company Opus Investment Management Inc. Professionals Direct Insurance Company Professionals Direct Insurance Services Inc. Professional Underwriters Agency Inc. Verlan Fire Insurance Company Nova Casualty Company AIX Specialty Insurance Company. APN 01 38 0312 Page 2 of 2 INSURED | 2 |
IL P 001 01 04 U.S. TREASURY DEPARTMENT S 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 OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site 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 a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to 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. Other limitations on the premiums and payments also apply. IL P 001 01 04 ISO Properties Inc. 2004 INSURED Page 1 of 1 | 2 |
The Policy Number Hanover WFR GL10000165 02 Insurance Group COMMON POLICY DECLARATIONS Renewal Of WFR GL10000165 01 NOVA Casualty Company 440 Lincoln Street Worcester MA 01653 Item1. Named Insured and Mailing Address Agent Name and Address QRESORTS INC. Safehold Special Risk Inc. See Named Insured Endorsement 601 Union St. Floor 10 830 JAY PEAK RD Seattle WA 98101 JAY VT 05859 7046 AgentNo. 10025 Item3. Business Description SKI RESORT Form of Business CORPORATION Item4. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. This policy consists of the following coverage parts for which a premium is indicated. Where no premium is shown there is no coverage. This premium may be subject to adjustment. Coverage Parts Premium Commercial General Liability Coverage Part 119752.00 Policy Writing Minimum Premium Retained 500 Total Policy Premium 119752.00 Item 5. Forms and Endorsements Forms and Endorsements made a part of this policy at time of issue See Schedule of Forms and Endorsements Hanover Insurance Group COMMON POLICY DECLARATIONS NOVA Casualty Compan 440 Lincoln Street Worcester MA 01653 WFR GL1 0000165 02 s Renewal Of WFR GL10000165 01 ny cndorsement Countersigned Date By Authorized Representative THIS COMMON POLICY DECLARATION AND THE SUPPLEMENTAL DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PARTS COVERAGE FORMS AND FORMS AND ENDORSEMENTS IF ANY COMPLETE THE ABOVE NUMBERED POLICY. CO DEC 1013 INSURED | 2 |
Hanover Insurance Group NOVA CASUALTY COMPANY 440 Lincoln Street Worcester MA 01653 In Witness Whereof NOVA Casualty Company has executed and attested these presents and where required by law has caused this Policy to be countersigned by its duly authorized Representative. O Charles Frederick Cronin Corporate Secretary Cj C Km John C. Roche President AIL00130613 Page 10of 1 INSURED | 2 |
The Policy Number Hanover WFR GL10000165 02 Insurance Group SCHEDULE OF NAMED INSUREDS NOVA Casualty Company Named Insured Q RESORTS INC. Effective Date 12 01 20 1201 A.M. Standard Time Agent Name Safehold Special Risk Inc. Agent No. 10025 CO DEC cont. THE NAMED INSURED ON FORM CO DEC IS AMENDED TO READ Q RESORTS INC. Q BURKE MOUNTAIN RESORT LLC Q BURKE MOUNTAIN INC. JAY PEAK INC. JAY PEAK MANAGEMENT INC. BURKE 2000 LLC BURKE MOUNTAIN OPERATING COMPANY INC. BURKE MOUNTAIN WATER COMPANY INC. BURKE MOUNTAIN ROAD MANAGEMENT COMPANY INC. NI SCHED 0197 ihe Hanover Insurance Group SCHEDULE OF NAMED INSUREDS NOVA Casualty Compan VFR GL10000165 02 et b Patae A A AA HE NAMED INSURED ON FORM CO DEC IS AMENDED TO READ Q RESORTS INC. Q BURKE MOUNTAIN RESORT LLC Q BURKE MOUNTAIN INC. JAY PEAK INC. JAY PEAK MANAGEMENT INC. BURKE 2000 LLC BURKE MOUNTAIN OPERATING COMPANY INC. BURKE MOUNTAIN WATER COMPANY INC. BURKE MOUNTAIN ROAD MANAGEMENT COMPANY INC. INSURED | 2 |
Hanover Insurance Group SCHEDULE OF LOCATIONS NOVA Casualty Company Named Insured Q RESORTS INC. AgentName Safehold Special Risk Designated Locations Address City State JAY PEAK RD 223 SHERBURNE LODGE RD EAST BURKE VT 05832 9686 LOC SCHED 0197 Policy Number WFR GL10000165 02 Effective Date 12 01 20 1201 A.M Standard Time AgentNo. 10025 Occupancy ihe Hanover WFR GL10000165 02 Insurance Group SCHEDULE OF LOCATIONS NOVA Casualty Company amed Insured Q RESORTS INC. Effective Date 12 01 20 1201 A.M Standard Time 3 SHERBURNE LODGE RD EAST BURKE VT 832 9686 INSURED | 2 |
The Policy Number Hanover WFR GL10000165 02 Insurance Group INSTALLMENT SCHEDULE NOVA Casualty Company Named Insured Q RESORTS INC. Effective Date 12 01 20 1201 A.M Standard Time AgentName Safehold Special Risk Inc. AgentNo. 10025 IT IS HEREBY AGREED AND UNDERSTOOD THAT THIS POLICY IS PAYABLE ON INSTALLMENTS AS FOLLOWS REVISED DUE PREMIUM SURCHARGE INSTALLMENT TOTAL 12012020 119752.00 119752.00 Failure to pay the Installment Premium by the Date Due shown shall constitute non payment of premium for which we may cancel this policy. INSTALL FORM 0102 ihe Hanover WFR GL10000165 02 Insurance Group INSTALLMENT SCHEDULE NOVA Casualty Company amed Insured Q RESORTS INC. Effective Date 12 01 20 1201 A.M Standard Time PAYABLE ON INSTALLMENTS AS FOLLOWS REVISED DUE PREMIUM SURCHARGE INSTALLMENT TOTAL 12012020 119752.00 119752.00 DUE 12012020 PREMIUM 119752.00 SURCHARGE INSURED | 2 |
The Policy Number Hanover WFR GL10000165 02 Insurance Group SCHEDULE OF FORMS AND ENDORSEMENTS NOVA Casualty Company Named Insured Q RESORTS INC. Effective Date 12 01 20 1201 AM. Standard Time AgentName Safehold Special Risk Inc. AgentNo. 10025 COMMON POLICY FORMS AND ENDORSEMENTS CO DEC 10 13 COMMON POLICY DECLARATIONS AIL 00 13 06 13 SIGNATURE PAGE NOVA CASUALTY NI SCHED 01 97 SCHEDULE OF NAMED INSURED S LOC SCHED 01 97 SCHEDULE OF LOCATIONS INSTSCHD 01 02 INSTALLMENT SCHEDULE 02 11 CONFORMITY WITH STATE STATUTES 02 11 TRADE OR ECONOMIC SANCTIONS ENDORSEMENT 09 08 CALCULATION OF PREMIUM 11 98 COMMON POLICY CONDITIONS 09 08 VERMONT CHANGES CIVIL UNION 09 08 VERMONT CHANGES STATUTORY LIABILITY 06 15 VERMONT CHANGES CANC NONRENL 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION GENERAL LIABILITY FORMS AND ENDORSEMENTS GL DEC 07 98 COMM GENERAL LIABILITY COVERAGE SUPP DEC 01 09 COMPOSITE RATE ENDORSEMENT 04 13 COMMERCIAL GENERAL LIABILITY COV FORM 07 19 GL EXTRA ENDORSEMENT RESORTS 11 08 DAMAGE TO CUSTOMERS AUTOS AND WATERCRAFT 11 08 CARE CUSTODY OR CONTROL LIMITED COV 11 08 MEDICAL PERSONNEL COVERAGE 12 08 SELF INSURED RETENTION EXP WITHIN RETENT 03 09 LIMITED POLLUTION LIABILITY EXTENSION 07 11 SEXUAL MISCONDUCT OR SEXUAL MOLESTATION 12 07 EMPLOYEE BENEFITS LIABILITY COVERAGE 04 13 ADDL INSD USERS OF GOLFMOBILES 05 14 EXCL ACC DISCL OF CONFI OR PERSONAL INFO 06 15 EXCLUSION UNMANNED AIRCRAFT 05 09 COMMUNICABLE DISEASE EXCLUSION 10 01 EXCL COV C MEDICAL PAYMENTS 12 19 EXCL INTERCOMPANY PRODUCTS SUITS 12 07 EMPLOYMENT RELATED PRACTICES EXCLUSION 12 04 FUNGI OR BACTERIA EXCLUSION 01 15 EXCLUSION OF CERTIFIED ACTS OF TERRORISM 03 05 SILICA OR SILICA RELATED DUST EXCLUSION 11 85 EXCL PROPERTY ENTRUSTED 04 13 EXCLUSIONS CAMPS OR CAMPGROUNDS 04 13 PESTICIDE OR HERBICIDE APPLC COV 04 13 REAL ESTATE PROPERTY MANAGED 04 13 PROF LIAB EXCL SPAS 04 13 EXCL TELECOM EQUIP OR SERVICE EO 04 13 EXCL REAL ESTATE AGTS OR BROKERS EO 01 96 PROD COMPLETED OPERATIONS HAZARD REDEFIN 10 93 LIQUOR LIABILITY 11 85 BOATS 04 13 AMEND OF COV TERR WORLDWIDE COVERAGE FORM SCHED 0197 ihe Hanover Insurance Group SCHEDULE OF FORMS AND ENDORSEMENTS NOVA Casualty Company WFR GL10000165 02 EDULE OF FORMS AND ENDORSEMENTS OVA Casualty Company Effective Date 12 01 20 1201 A.M. Standard Time OMMUN FOLLILY FPOURMS AND BNDUROEMENLS O DEC L DEC GL 01 73 G 00 01 GL 01 78 GL 01 82 GL 01 83 GL 01 85 GL 01 87 GL 01 97 GL 04 46 04 35 20 08 21 06 21 09 21 32 21 35 21 41 21 47 21 67 aooooaoannnnaaannnnt N N N N w NHEOOOWW Io W NN IR ROO S COMMON POLICY DECLARATIONS SIGNATURE PAGE NOVA CASUALTY SCHEDULE OF NAMED INSURED S SCHEDULE OF LOCATIONS INSTALLMENT SCHEDULE CONFORMITY WITH STATE STATUTES TRADE OR ECONOMIC SANCTIONS ENDORSEMENT CALCULATION OF PREMIUM COMMON POLICY CONDITIONS VERMONT CHANGES CIVIL UNION VERMONT CHANGES STATUTORY LIABILITY VERMONT CHANGES CANC NONRENL NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENTS COMM GENERAL LIABILITY COVERAGE SUPP DEC COMPOSITE RATE ENDORSEMENT COMMERCIAL GENERAL LIABILITY COV FORM GL EXTRA ENDORSEMENT RESORTS DAMAGE TO CUSTOMERS AUTOS AND WATERCRAFT CARE CUSTODY OR CONTROL LIMITED COV MEDICAL PERSONNEL COVERAGE SELF INSURED RETENTION EXP WITHIN RETENT LIMITED POLLUTION LIABILITY EXTENSION SEXUAL MISCONDUCT OR SEXUAL MOLESTATION EMPLOYEE BENEFITS LIABILITY COVERAGE ADDL INSD USERS OF GOLFMOBILES EXCL ACC DISCL OF CONFI OR PERSONAL INFO EXCLUSION UNMANNED AIRCRAFT COMMUNICABLE DISEASE EXCLUSION EXCL COV C MEDICAL PAYMENTS EXCL INTERCOMPANY PRODUCTS SUITS EMPLOYMENT RELATED PRACTICES EXCLUSION FUNGI OR BACTERIA EXCLUSION EXCLUSION OF CERTIFIED ACTS OF TERRORISM SILICA OR SILICA RELATED DUST EXCLUSION EXCL PROPERTY ENTRUSTED EXCLUSIONS CAMPS OR CAMPGROUNDS PESTICIDE OR HERBICIDE APPLC COV REAL ESTATE PROPERTY MANAGED PROF LIAB EXCL SPAS EXCL TELECOM EQUIP OR SERVICE EO EXCL REAL ESTATE AGTS OR BROKERS EO PROD COMPLETED OPERATIONS HAZARD REDEFIN LIQUOR LIABILITY BOATS AMEND OF COV TERR WORLDWIDE COVERAGE INSURED | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONFORMITY WITH STATE STATUTES The following Condition is added to your policy to comply with or otherwise respond to the laws of multiple states. This endorsement applies to the extent your policy provides coverage for loss that results to or from your autos employees locations or operations in states other than the controlling state of your policy. The term controlling state means the state that is listed on the Declarations for the First Named Insured. If there are no locations or operations for any coverage provided by your policy for the First Named Insured s state the controlling state is the state that generates the highest premium on your policy. CONFORMITY WITH STATE STATUTES A. The provisions of this policy conform to the minimum requirements of state laws and control over any conflicting statutes of any state in which you have autos employees locations or operations on or after the effective date of this policy. B. Any provision of this policy including endorsements that modify the policy which does not conform to the minimum requirements of a state s statutes is amended to conform to such statute. Page 1 of 1 AIL00140211 INSURED | 2 |
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. AIL00150211 INSURED | 2 |
IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE 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 LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added The premium shown in the Declarations was com puted based on rates in effect at the time the policy was issued. On each renewal continuation or anni versary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. IL 00 03 09 08 ISO Properties Inc. 2007 INSURED Page 10f 1 m | 2 |
IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliv ering to us advance written notice of cancella tion. 2. We may cancel this policy by mailing or deliver ing to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancella tion if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancella tion 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 suffi cient proof of notice.. 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.. Examination Of Your Books And Records We may examine and audit your books and re cords as they relate to this policy at any time dur ing the policy period and up to three years after ward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time 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 in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake 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 war rant 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 recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators.. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay.. 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 in sured. If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal rep resentative. Until your legal representative is ap pointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Page 10f 1 o IL 00 17 11 98 Copyright Insurance Services Office Inc. 1998 INSURED | 2 |
IL 0109 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VERMONT CHANGES CIVIL UNION This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The term spouse is replaced by the following Spouse or party to a civil union under Vermont law. B. Under the Commercial Auto Coverage Part the term family member is replaced by the following Family member means a person who is a resi dent of your household and is related to you by blood adoption including a ward or foster child marriage or civil union under Vermont law. C. With respect to coverage for the ownership main tenance or use of covered autos provided under the Commercial Liability Umbrella Coverage Part or the Farm Umbrella Liability Policy the term family member is replaced by the following Family member means a person who is a resi dent of your household and is related to you by blood adoption including a ward or foster child marriage or civil union under Vermont law. ISO Properties Inc. 2007 INSURED IL 01 09 09 08 Page 10f 1 | 2 |
IL 0126 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VERMONT CHANGES STATUTORY LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY MORTGAGEHOLDER S ERRORS AND OMISSIONS COVERAGE FORM EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In addition to paying and satisfying judicial judg ments rendered against you in consequence of claims to which this Coverage Part applies we will protect you against the levy of executions issued on such judgments or claims against you.. We may without your consent continue litigation after a judgment has been rendered with respect to your legal liability under this Coverage Part for damages in a particular instance. In that event no limitation of our liability will be valid where the mat ter of that litigation is concerned.. Under Coverage Forms to which this endorsement applies any legal action against us to recover for loss under this Coverage Part must be brought within one year after amount of loss is finally es tablished. The amount of loss can be established only by 1. Judicial judgment or 2. An agreement between the parties involved with our written consent. D. In the event of your bankruptcy or insolvency an injured person or claimant who has obtained a judgment against you may bring suit against us provided 1. The judgment was for damages covered by this policy and 2. The suit is for damages in amounts no greater than the applicable Limits of Insurance of this policy.. Payment by you of any judicial judgment or claim for any of our liability under this Coverage Part will not deprive you of the right to bring action against us. For the Commercial General Liability Coverage Part Commercial Liability Umbrella Coverage Part Employment Related Practices Liability Coverage Part Farm Coverage Part Farm Umbrella Liability Policy Liquor Liability Coverage Part Owners And Contractors Protective Liability Coverage Part Pol lution Liability Coverage Part Products Completed Operations Liability Coverage Part Medical Pro fessional Liability Coverage Part and Railroad Pro tective Liability Coverage Part the word you is replaced by the term the insured and the word your is replaced by the term the insured s. IL 01 26 09 08 ISO Properties Inc. 2007 INSURED Page 10f 1 m | 2 |
IL021906 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VERMONT CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM QUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The Cancellation Common Policy Condition is replaced by the following Cancellation 1. The first Named Insured shown in the If cancellation is for nonpayment of premium written notice may be sent by certificate of mailing or certified mail. If cancellation is for any reason other than nonpayment of premium written notice must be sent by Declarations may cancel this Policy by mailing certified mail. or delivering to us advance written notice of cancellaliung 3. Cancellation Of Policies In Effect For 60 Days. Or More. 2. Cancellation Of Policies In Effect For Less Than 60 Days. If this Policy has been in effect for less than 60 days and this Policy is not a renewal of a policy we issued we may cancel this Policy by a. Giving at least 15 days notice prior to the cancellation date for nonpayment of premium or substantial increase in hazard or b. Mailing or delivering at least 45 days notice prior to the cancellation date for any other reason. Written notice of cancellation including the reason for cancellation will be mailed or delivered to the first Named Insured at the first Named Insured s last mailing address known to us. If this Policy has been in effect for 60 days or more or if this is a renewal of a policy we issued we may cancel this Policy only for one or more of the following reasons a. Nonpayment of premium b. Fraud or material misrepresentation affecting this Policy or in the presentation of claims under this Policy c. Violation of any provisions of this Policy or d. Substantial increase in hazard provided we have secured approval for the cancellation from the commissioner of insurance. If we cancel this Policy for one of the reasons specified in Paragraph 3. we will cancel only in the following manner a. By giving at least 15 days notice before the effective date of cancellation if we cancel for nonpayment of premium or IL 0219 06 15 Insurance Services Office Inc. 2014 INSURED Page 1 of 2 | 2 |
b. By mailing or delivering at least 45 days notice before the effective date of cancellation if we cancel for any other reason. Written notice of cancellation including the reason for cancellation will be mailed or delivered to the first Named Insured at the first Named Insured s last mailing address known to us. If cancellation is for nonpayment of premium written notice may be sent by certificate of mailing or certified mail. If cancellation is for any reason other than nonpayment of premium written notice must be sent by certified mail. 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 a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice.. Any When We Do Not Renew Condition is deleted. The following conditions are added 1. When We Do Not Renew a. We may elect not to renew this Policy by mailing by certified mail or delivering written notice of nonrenewal to the first Named Insured s last mailing address known to us. We will mail or deliver this notice at least 45 days before the 1 Expiration of the Policy or 2 Anniversary date of this Policy if this Policy has been written for a term of more than one year. b. This provision does not apply 1 If we have indicated a willingness to renew 2 In case of nonpayment of premium 3 If you do not pay any advance premium required by us for renewal or 4 If any property covered in this Policy is insured under any other insurance policy. 2. Renewal a. If we 1 Elect to renew this Policy and 2 Have the necessary information to issue a renewal policy we will confirm in writing at least 45 days before it expires our intention to renew this Policy and the premium at which this Policy will be renewed. b. If we do not comply with the provisions of Paragraph a. you will have renewal coverage. The renewal coverage will be at the rates 1 In effect under the expiring or expired policy or 2 In effect on the expiration date that have been approved by the Commissioner whichever are lower. This renewal coverage will be on a pro rata basis and will continue for 45 days after we confirm renewal coverage and premium. If you accept this renewal policy this Paragraph b. does not apply. Page 2 of 2 Insurance Services Office Inc. 2014 INSURED IL 021906 15 | 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 COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply C. Under any Liability Coverage to bodily A. Under any Liability Coverage to bodily injury or property damage resulting 1L 00 21 09 08 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 America or any agency thereof with any person or organization. 2 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. 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 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. 2 3. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. Insurance Services Office Inc. 2007 Page 1 of 2 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 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. 2 3 Insurance Services Office Inc. 2007 Page 1 of 2 INSURED | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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. Insurance Services Office Inc. 2007 Page 2 of 2 1L 00 21 09 08 INSURED | 2 |
GENERAL LIABILITY ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION EXCLUSIONS ADVISORY NOTICE TO POLICYHOLDERS This Notice does not form a part of your insurance contract. No coverage is provided by this Notice nor can it be construed to be in addition to or replace any provisions of your policy including its endorsements. If there is any conflict between this Notice and your policy including its endorsements the provisions of the policy including its endorsements shall prevail. Carefully read your policy including the endorsements attached to your policy. This Notice provides information concerning the following new endorsements which applies to your renewal policy being issued by us CG 21 06 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CG 21 07 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Limited Bodily Injury Exception Not Included For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. However when this endorsement is attached it will result in a reduction of coverage due to the deletion of an exception with respect to damages because of bodily injury arising out of loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. APN02520514 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 INSURED | 2 |
CG 21 08 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information Coverage B Only For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CG 04 37 05 14 Electronic Data Liability For Use With The Commercial General Liability Coverage Part With respect to damages arising out of access or disclosure of confidential or personal information when this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CG 33 53 05 14 Exclusi Data related Liability Contractors Protective Lial Access Or Disclosure Of Confidential Or Personal Information And Limited Bodily Injury Exception For Use With The Owners And y Coverage Part and Products Completed Operations Coverage Part When this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. CG 33 59 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Limited Bodily Injury Exception Not Included For Use With The Owners And Contractors Protective Liability and Products Completed Operations Liability Coverage Parts When this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. However when this endorsement is attached it will result in a reduction of coverage due to the deletion of an exception with respect to damages because of bodily injury arising out of loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. CG 33 63 05 14 Exclusion Access Disclosure Or Unauthorized Use Of Electronic Data For Use With The Electronic Data Liability Coverage Part With respect to damages arising out of access or disclosure of confidential or personal information when this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. However to the extent that damages arising out of theft or unauthorized viewing copying use corruption manipulation or deletion of electronic data by any Named Insured past or present employee temporary worker or volunteer worker of the Named Insured may extend beyond loss of electronic data arising out of such theft or the other listed items this revision may be considered a reduction in coverage. APN02520514 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 2 INSURED | 2 |
COMMERCIAL GENERAL LIABILITY CG P 017 06 15 GENERAL LIABILITY UNMANNED AIRCRAFT ENDORSEMENTS ADVISORY NOTICE TO POLICYHOLDERS This Notice does not form part of your policy. No coverage is provided by this Notice nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the Policy and this Notice THE PROVISIONS OF THE POLICY SHALL PREVAIL. Carefully read your policy including the endorsements attached to your policy. This Notice provides information concerning the following new and revised endorsements which applies to your renewal policy being issued by us FOR USE WITH THE COMMERCIAL GENERAL LIABILITY COVERAGE PART CG 21 09 Exclusion Unmanned Aircraft When this endorsement is attached to your policy coverage is excluded with respect to bodily injury and property damage arising out of the ownership maintenance use or entrustment to others of any unmanned aircraft. The attachment of this endorsement will result in a reduction in coverage under Coverage A Bodily Injury And Property Damage Liability to the extent that 1. An exposure exists with respect to unmanned aircraft that are not owned or operated by or rented or loaned to any insured or 2. Liability is assumed under any insured contract for the ownership maintenance or use of unmanned aircraft. In addition this endorsement excludes coverage with respect to personal and advertising injury arising out of the ownership maintenance use or entrustment to others of any unmanned aircraft with certain exceptions. The attachment of this endorsement will result in a reduction in coverage under Coverage B Personal And Advertising Injury Liability to the extent that an exposure exists with respect to unmanned aircraft. However the attachment of this endorsement would not result in a reduction of coverage with respect to the use of another s advertising idea in your advertisement or to infringing upon another s copyright trade dress or slogan in your advertisement. CG 21 10 Exclusion Unmanned Aircraft Coverage A Only When this endorsement is attached to your policy coverage is excluded with respect to bodily injury and property damage arising out of the ownership maintenance use or entrustment to others of any unmanned aircraft. The attachment of this endorsement will result in a reduction in coverage under Coverage A Bodily Injury And Property Damage Liability to the extent that 1. An exposure exists with respect to unmanned aircraft that are not owned or operated by or rented or loaned to any insured or 2. Liability is assumed under any insured contract for the ownership maintenance or use of unmanned aircraft. CGP017 06 15 Insurance Services Office Inc. 2015 INSURED Page 1 0of 4 | 2 |
CG 21 11 Exclusion Unmanned Aircraft Coverage B Only When this endorsement is attached to your policy coverage is excluded with respect to personal and advertising injury arising out of the ownership maintenance use or entrustment to others of any unmanned aircraft with certain exceptions. The attachment of this endorsement will result in a reduction in coverage under Coverage B Personal And Advertising Injury Liability to the extent that an exposure exists with respect to unmanned aircraft. However the attachment of this endorsement would not result in a reduction of coverage with respect to the use of another s advertising idea in your advertisement or to infringing upon another s copyright trade dress or slogan in your advertisement. CG 21 37 Exclusion Employees And Volunteer Workers As Insureds When this endorsement is attached to your policy employees and volunteer workers will not be considered insureds. If the previous edition of this endorsement was attached to your policy the attachment of this endorsement will result in a broadening of coverage with respect to An employee s or volunteer worker s operation of certain machinery or equipment that would qualify under the definition of mobile equipment if it were not subject to certain motor vehicle insurance laws and An employee or volunteer worker acting as your real estate manager. CG 21 66 Exclusion Volunteer Workers When this endorsement is attached to your policy volunteer workers will not be considered insureds. If the previous edition of this endorsement was attached to your policy the attachment of this endorsement will have no impact on coverage. CG 24 50 Limited Coverage For Designated Unmanned Aircraft When this endorsement is attached to your policy coverage is excluded with respect to bodily injury and property damage arising out of the ownership maintenance use or entrustment to others of any unmanned aircraft with the exception of unmanned aircraft that are designated in the Schedule of the endorsement but only related to operations or projects that are also designated in the Schedule. The attachment of this endorsement will result in a broadening of coverage under Coverage A Bodily Injury And Property Damage Liability with respect to designated unmanned aircraft that are owned or operated by or rented or loaned to any insured but only with respect to designated operations or projects. However the attachment of this endorsement will result in a reduction in coverage under Coverage A to the extent that An exposure exists with respect to unmanned aircraft that are not owned or operated by or rented or loaned to any insured or Liability is assumed under any insured contract for the ownership maintenance or use of unmanned aircraft with respect to unmanned aircraft that are o Not designated in the Schedule of the endorsement or e Designated in the Schedule of the endorsement with respect to operations or projects that are not designated in the Schedule of the endorsement. In addition this endorsement excludes coverage with respect to personal and advertising injury arising out of the ownership maintenance use or entrustment to others of any unmanned aircraft with certain exceptions. The attachment of this endorsement will result in a reduction in coverage under Coverage B Personal And Advertising Injury Liability to the extent that an exposure exists with respect to unmanned aircraft but only if such unmanned aircraft are Not designated in the Schedule of the endorsement or Designated in the Schedule of the endorsement with respect to operations or projects that are not designated in the Schedule of the endorsement. However the attachment of this endorsement would not result in a reduction of coverage with respect to the use of another s advertising idea in your advertisement or to infringing upon another s copyright trade dress or slogan in your advertisement. Page 2 of 4 Insurance Services Office Inc. 2015 INSURED CGP 01706 15 | 2 |
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