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This endorsement contains an optional Unmanned Aircraft Liability Aggregate Limit. If a limit is shown in the Schedule any coverage provided under the endorsement is subject to that aggregate limit. The Unmanned Aircraft Liability Aggregate Limit will be subject to the General Aggregate Limit or the Products Completed Operations Aggregate Limit whichever applies. All other limits continue to apply if and to the extent that the Unmanned Aircraft Liability Aggregate Limit has not been used up. CG 24 51 Limited Coverage For Designated 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 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 o Designated in the Schedule of the endorsement with respect to operations or projects that are not designated in the Schedule of the endorsement. This endorsement contains an optional Coverage A Unmanned Aircraft Liability Aggregate Limit. If a limit is shown in the Schedule any coverage provided under the endorsement is subject to that aggregate limit. The Coverage A Unmanned Aircraft Liability Aggregate Limit will be subject to the General Aggregate Limit or the Products Completed Operations Aggregate Limit whichever applies. All other limits continue to apply if and to the extent that the Coverage A Unmanned Aircraft Liability Aggregate Limit has not been used up. CG 24 52 Limited Coverage For Designated 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 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. This endorsement contains an optional Coverage B Unmanned Aircraft Liability Aggregate Limit. If a limit is shown in the Schedule any coverage provided under the endorsement is subject to that aggregate limit. The Coverage B Unmanned Aircraft Liability Aggregate Limit will be subject to the General Aggregate Limit. The Personal And Advertising Injury Limit continues to apply if and to the extent that the Coverage B Unmanned Aircraft Liability Aggregate Limit has not been used up. CGP017 06 15 Insurance Services Office Inc. 2015 INSURED Page 3 of 4 | 2 |
FOR USE WITH THE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART CG 29 60 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 to the extent that an exposure exists with respect to unmanned aircraft. Page 4 of 4 Insurance Services Office Inc. 2015 INSURED CGP 01706 15 | 2 |
The Policy Number Hanover WFR GL10000165 02 Insurance Group COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS NOVA Casualty Company Named Insured Q RESORTS INC. Effective Date 12 01 2020 1201 A.M. Standard Time Agent Name Safehold Special Risk Inc. Agent No. 10025 Audit Period ANNUAL Item 1. Business Description SKI RESORT Coverage Limit of Liability Aggregate Limits of Liability Products Completed 2000000 Operations Aggregate General Aggregate other than NOT APPLICABLE Products Completed Operations Coverage A Bodily Injury and any one occurrence subject to Property Damage Liability 1000000 the Products Completed Operations and General Aggregate Limits of Liability any one premises subject to the Damage To Premises Coverage A occurrence and the Rented To You 1000000 General Aggregate Limits of Liability Coverage B Personal and any one person or organization Advertising Injury 1000000 subject to the General Aggregate Liability Limits of Liability Coverage C Medical Payments any one person subject to the Coverage A occurrence and the NOT COVERED General Aggregate Limits of Liabilit Item 3. Retroactive Date Coverage A of this Insurance does not apply to bodily injury or property damage which occurs before the Retroactive Date if any shown here NONE Enter Date or None if no Retroactive Date applies Item 4. Form of Business and Location of Premises Forms of Business CORPORATION Location of All Premises You Own Rent or Occupy See Schedule of Locations Item 5. Forms and Endorsements Forms and Endorsements made a part of this policy at time of issue See Schedule of Forms and Endorsements Item 6. Premiums Coverage Part Premium 119752.00 Other Premium Total Premium 119752.00 THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. GL DEC 0798 FR GL10000165 02 PART Effective Date 12 01 2020 1201 A.M Standard Time Risk Inc. e NOT 00 ABLE 1000000 1000000 Damage To Premises Rented To You INSURED | 2 |
The Hanover Insurance Group THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. GL DEC 0798 INSURED | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMPOSITE RATE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM It is agreed that such insurance as is afforded by this policy applies subject to the following provisions 1. The rates and premiums shown in this endorsement shall apply with respect to all operations for the insured in states where the policy affords coverage. The advance premium stated in the declarations is an estimated premium only. Upon termination the earned premium shall be computed in accordance with the applicable rates. If the earned premium computed exceeds the total advance premium and all interim adjustments the insured pays the excess to the company. If less the company shall return to the named insured the unearned portion. The basis premium for this policy is as specified in the schedule below SCHEDULE Estimated. Estimated State Exposure Premium Base Composite Rate Premium 32570799 Gross Receipts Per 100 0.367 PR PO 119752.00 Total 119752.00 All other terms and conditions of this policy remain unchanged. AGL01730109 Includes copyright material from Insurance Service Office Inc. INSURED Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 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 I 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 Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or Bor 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. 3 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 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. his policy restrict coverage. arefully to determine rights 10 t covered. e words you and your refer own in the Declarations and nization qualifying as a Named y. The words we us and providing this insurance. s any person or organization or Section Il Who Is An es that appear in quotation ining. Refer to Section V S INJURY AND PROPERTY ums that the insured becomes pay as damages because of roperty damage to which this We will have the right and e insured against any suit vaaes. However. we will have CG 00010413 Insurance Services Office Inc. 2012 INSURED Page 1 of 16 | 0 |
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 in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injuryto 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Page 2 of 16 Insurance Services Office Inc. 2012 INSURED CG 00010413 | 1 |
. 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 not apply 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 injuryor 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 i b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or c d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations 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 i 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 building 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 a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations 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 00010413 Insurance Services Office Inc. 2012 INSURED Page 3 of 16 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 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 claim or suit by or on behalf of a governmental 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 a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph f.2 or.3 of the definition of mobile equipment. 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 damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 3 Page 4 of 16 Insurance Services Office Inc. 2012 INSURED CG 00010413 | 1 |
4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven 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 of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury 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. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or usion does not apply to ded in the products ard. ur product arising out ur work arising out of it luded in the products ard. apply if the damaged CG 00010413 Insurance Services Office Inc. 2012 INSURED Page 5 of 16 | 1 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 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 claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or Bor 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 but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual 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.. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. ance applies to this coverage 1 Il Limits Of Insurance. IAL AND ADVERTISING ums that the insured becomes pay as damages because of ertising injury to which this Page 6 of 16 Insurance Services Office Inc. 2012 INSURED CG 00010413 | 1 |
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. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to 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 at any time. publishing or 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 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 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 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions 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 collecting recording sending transmitting communicating or distribution of material or information. 3 4 CG 00010413 Insurance Services Office Inc. 2012 INSURED Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 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.. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law.. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests.. Products Completed Operations Hazard Included within the products completed operations hazard.. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b. All expenses we incur. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds.. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work.. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured.. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. as described an accident u own or rent 1 the coverage icy period 1 and roanartad Page 8 of 16 Insurance Services Office Inc. 2012 INSURED CG 00010413 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. 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 control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. b c d So long as the above conditons are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I 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 settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS 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. c. 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. lit and the information rence are such that no etween the interests of sts of the indemnitee e insured ask us to the defense of that suit and agree that we ounsel to defend the e and CG 00010413 Insurance Services Office Inc. 2012 INSURED Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers 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 business b 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 Paragraph 1a or b above or d 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. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c 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 as a Named Insured in the Declarations. SECTION Iil 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. Page 10 of 16 Insurance Services Office Inc. 2012 INSURED CG 00010413 | 1 |
3. The Products Completed 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 Paragraph 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 Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 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 damageto any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 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 sustained 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 insolvency 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 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claimis 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 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. 2. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. vioTWUiipIeeu Personal And will pay under s because of tained by any e whichever the most we erty damage Damage To most we will because of while rented while rented oy you with he last preceding periud for purposes Limits of Insurance. DMMERCIAL GENERAL LIABILITY CG 00010413 Insurance Services Office Inc. 2012 INSURED Page 11 of 16 | 1 |
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 Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below.. Excess Insurance 1 This insurance is excess over a 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 i That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii 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 Secton I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 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. b. Premium shown 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured.. The first Named Insured must keep records of the informaton we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete Page 12 of 16 Insurance Services Office Inc. 2012 INSURED CG 00010413 | 1 |
b. Those statements are based upon representations you made to us and 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 against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 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 about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or 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 where it is licensed or principally garaged.. Hostile fire However auto does not include mobile equipment.. 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. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. 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 bylaws or any other similar governing document. 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 used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfiling the terms of the contract or agreement. WY deeiylivid it e lamed Insured this vere the only Named gainst whom claim is Against Others To yver all or part of any this Coverage Part us. The insured must them. At our request ansfer those rights to overage Part we will ed Insured shown in e CG 00010413 Insurance Services Office Inc. 2012 INSURED Page 13 of 16 | 1 |
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. A sidetrack agreement c. Any easement or 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. 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 railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 b 10. 1 12. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..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 autoto 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 next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in 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. agreement except in ruction or demolition feet of a railroad ired by ordinance to except in connection ty S reamant Page 14 of 16 Insurance Services Office Inc. 2012 INSURED CG 00010413 | 1 |
13. 14. 1 o 3 Air However self propelled vehicles with following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law 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. b. c. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor. 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. Oral or written publication in any manner of material that violates a person s right of privacy. The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. 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. 3 Products or the 16. Products completed operations hazard. Includes all damage occurring away from premises you own or rent and arising out of your productor your work except 1 Products bodily injury and property that are still in your possession or physical 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 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. 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 of this insurance electronic data is not tangible property. equipment but will be imarily for but not construction milar devices mounted k chassis and used to and mps and generators welding building exploration lighting pment. does not include any t to a compulsory or r other motor vehicle icensed or principally ct to a compulsory or r other motor vehicle autos. accident including ure to substantially the ns. injury means injury y injury arising out of ffenses mprisonment n wrongful entry into private occupancy of a nises that a person or on behalf of its n in any manner of r libels a person or jee a pereon s or 2 3 CG 00010413 Insurance Services Office Inc. 2012 INSURED Page 15 of 16 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 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 18. 19. a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure 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 furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure warnings or instructions. to provide to provide Page 16 of 16 Insurance Services Office Inc. 2012 INSURED CG 00010413 | 1 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY EXTRA ENDORSEMENT RESORTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Paragraph 2. Exclusions is amended as follows 1. EXPECTED OR INTENDED INJURY EXTENSION a. Paragraph a. Expected Or Intended Injury is deleted and replaced by the following Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 2. NON OWNED WATERCRAFT EXTENSION Subparagraph 2 of g. Aircraft Auto Or Watercraft is deleted and replaced by the following 2 A watercraft you do not own that is a Less than 52 feet long and b Not being used to carry persons or property for a charge. This provision applies to any person who with your consent either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary excess or contingent. 3. The last paragraph of 2. Exclusions is deleted and replaced by the following Exclusions c. through n. do not apply to damage by fire to premises including standing timber 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. SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows 1. Paragraph 1.b. of Insuring Agreement is deleted and replaced by the following b. With respect to Advertisers and Broadcasters this insurance applies to personal and advertising injury caused by an offense arising out of your business. 2. Paragraph 2. Exclusions sub paragraph e. Contractual Liability is deleted in its entirety. 3. Paragraph 2. Exclusions sub paragraph j. Insureds In Media And Internet Type Businesses is deleted and replaced by the following j. Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of websites for others or 3 An Internet search access content or service provider. SUPPLEMENTARY PAYMENTS COVERAGES A AND B paragraphs 1.b. and 1.d. are deleted and replaced by the following b. Up to 2500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 300 a day because of time off from work. AGL01780719 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 0of 5 INSURED | 2 |
COMMERCIAL GENERAL LIABILITY D. SECTION Il WHO IS AN INSURED is amended as follows BROADENED NAMED INSURED Paragraph 3. is deleted and replaced by the following Any business entity organized under the laws of the United States of America including any state thereof its territories or possessions or Canada including any province thereof will qualify as a Named Insured if there is no similar insurance available to that business entity provided that one or more Named Insureds shown in the Declarations have at the inception of the policy period an ownership interest in such business entity of more than 50. However if a Named Insured has an ownership interest in a business entity of more than 50 the business entity will not be a Named Insured if such business entity is an insured under any other liability policy or would be an insured under such policy but for its termination or the exhaustion of its Limit of Insurance. E. ADDITIONAL INSUREDS 1. SECTION Il WHO IS AN INSURED is amended to include as an additional insured any persons or organizations for whom a written contract or written agreement between you and such persons or organizations exists and requires such persons or organizationss to be added as an additional insured to your Policy. This additional insured status applies to liability because of bodily injury property damage or personal and advertising injury but shall not apply to any independent acts or omissions of such person or organization who qualifies as an additional insured. a. This endorsement applies only if the written contract or written agreement is 1 Currently in effect or becomes effective during the term of this Policy and 2 Executed prior to the bodily injury property damage or personal and advertising injury. b. The insurance afforded to such additional insured only 1 Applies to the extent permitted by law and 2 Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. The insurance provided to the additional insured by this endorsement applies as follows a. The persons or organizations is an additional insured but only for liability caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1 In connection with premises owned by or rented to you or 2 Inthe performance of your ongoing operations. b. If the additional insured is an architect engineer or surveyor this insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services including 1 The preparing approving or failing to prepare or approve maps drawings opinions reports surveys change orders designs or specifications or 2 Supervisory inspection or engineering services. 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 or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional services by or for you. c. If the additional insured is a lessor of equipment this insurance only applies to liability caused in whole or in part by your maintenance operation or use of equipment leased to you by such additional insured and does not apply to any occurrence which takes place after the equipment lease expires. d. If the additional insured is a state or governmental agency or political subdivision and has issued a permit in connection with premises you own rent or control this insurance applies only with respect to the following hazards for which the state or political subdivision has issued such permit 1 The existence maintenance repair construction erection or removal of advertising signs awnings canopies cellar entrances coal holes driveways manholes marquees hoist away openings sidewalk vaults street banners or decoration and similar exposures 2 The construction erection or removal of elevators or 3 The ownership maintenance or use of any elevators covered by this insurance. AGL01780719 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 5 INSURED | 2 |
COMMERCIAL GENERAL LIABILITY e. If the additional insured is a state or governmental agency or political subdivision that has issued a permit or authorization with respect to operations performed by you or on your behalf then this insurance does not apply to bodily injury property damage or personal and advertising injury arising out of operations performed for the federal government state or municipality or bodily injury or property damage included within the products completed operations hazard. f. If the additional insured is a manager or lessor of insured premises that person or organization is an additional insured but only with respect to liability caused in whole or in part by the ownership maintenance or use of that part of the premises leased to you. This insurance does not apply to 1 Any occurrence that takes place after you cease to be a tenant in that premises. 2 Structural alterations new construction or demolition operations performed by or on behalf of the manager or lessor of insured premises. g. If the additional insured is a grantor of a franchise that persons or organizations is only an additional insured with respect to liability as grantor of a franchise to you. h. If the additional insured is an owner or has some other interest in land that has been leased to you that persons or organizations is only an additional insured with respect to liability caused in whole or in part by the ownership maintenance or use of that part of the land leased to you. This insurance does not apply to 1 Any occurrence that takes place after you cease to lease that land 2 Structural alterations new construction or demolition operations performed by or on behalf of the owner or other interest from whom land has been leased. i. If the additional insured is a mortgagee assignee or receiver that persons or organizations is only an additional insured with respect to liability caused in whole or in part by the ownership maintenance or use of the premises by you. This insurance does not apply to structural alterations new construction or demolition operations performed by or for that mortgagee assignee or receiver. j If the additional insured has a controlling interest that persons or organizations is an additional insured but only for liability caused in whole or in part by 1 Their financial control of you or 2 Premises they own maintain or control while you lease or occupy those premises. This insurance does not apply to structural alterations new construction and demolition operations performed by or for that controlling interest. k. If the additional insured is a vendor that persons or organizations is only an additional insured with respect to bodily injury or property damage caused in whole or in part by your products which are distributed or sold in the regular course of the vendor s business but only if this Policy provides coverage for bodily injury or property damage included within the products completed operations hazard. 1 This insurance afforded to the vendor does not apply to a Bodily injury or property damage for which the vendor 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 that the vendor would have in the absence of the contract or agreement b Any express warranty unauthorized by you c Any physical or chemical change in the product made intentionally by the vendor d Repackaging except when unpacked under the instructions of the manufacturer for the sole purpose of inspection demonstration testing or the substitution of parts and then repackaged in the original container e Any failure by the vendor to make inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of your products f Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of your products g Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or AGL01780719 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 5 INSURED | 2 |
COMMERCIAL GENERAL LIABILITY h Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to i The exceptions contained in subparagraphs d or f or ii Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of your products. 2 This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products. With respect to the insurance afforded to an additional insured as provided in Paragraphs E.1. and E.2. above the most we will pay on behalf of the additional insured is the amount of insurance a. Required by the contract or agreement or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. With respect to the insurance afforded to an additional insured as provided in paragraphs E.1. and E.2. above this insurance shall not increase the applicable Limits of Insurance shown in the Declarations. With respect to the insurance afforded to these additional insureds the following additional exclusions apply a. This insurance does not apply to 1 Bodily injury or property damage occurring after a All 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 b 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. 2 Bodily injury property damage or personal and advertising injury caused by the rendering or failure to render any professional services. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Paragraph 4. Other Insurance is amended to include For the purposes of this endorsement this insurance shall be either primary or primary and non contributory if the written contract or written agreement between you and the additional insured requires primary or primary and non contributory status for the additional insured. This insurance shall be excess to any other policy providing additional insured coverage to the additional insured person or organization for the same claim or suit. F. SECTION IV CONDITIONS is amended as follows 1. KNOWLEDGE AND NOTICE OF OCCURRENCE OFFENSE CLAIM OR SUIT Paragraph 2. Duties In The Event Of Occurrence Offense Claim Or Suit is amended to add the following Your obligation to notify us as soon as practicable of an occurrence offense claim or suit is satisfied if you send us written notice as soon as practicable after any of your executive officers directors partners insurance managers or legal representatives becomes aware of or should have become aware of such occurrence offense claim or suit. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us We agree to waive any right of recovery we may have against any person or organization when such waliver is required by a written contract that you have agreed to prior to any occurrence suit or the offense which caused the bodily injury property damage or personal and advertising injury provided that the occurrence suit or the offense which caused the bodily injury property damage or personal and advertising injury arises out of your ongoing operations or your work done under a written contract with that person or organization and included in the products completed operations hazard. AGL01780719 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 5 INSURED | 2 |
COMMERCIAL GENERAL LIABILITY 3. FAILURE TO DISCLOSE HAZARDS The following is added to Paragraph 6. Representations If you unintentionally failed to disclose all hazards or prior occurrences or offenses existing at the inception of this Policy but reported such error or omission to us as soon as practicable after discovery then we will not deny coverage under this Coverage Part because of such failure. This provision does not affect our right to collect any additional premium or exercise our right of cancellation or non renewal. G. SECTION V DEFINITIONS is amended as follows 1. BODILY INJURY The definition of bodily injury in Paragraph 3. is deleted and replaced by the following 3. Bodily injury means a Bodily injury sickness or disease sustained by a person and also includes mental anguish or emotional distress provided such mental anguish or emotional distress results from any of these and b Death resulting from bodily injury sickness or disease. 2. EMPLOYEE The definition of employee in Paragraph 5. is deleted and replaced by the following 5. Employee includes a leased worker or a temporary worker. However this definition does not apply to COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Paragraph 2. Exclusions sub paragraph e. Employers Liability. 3. INSURED CONTRACT The definition of insured contract in Paragraph 9. sub paragraph f. is deleted and replaced by the following 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 Thatindemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instruction or failing to give them if that is the primary cause of the injury or damage or 2 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 1 above and supervisory inspection architectural or engineering activities. 4. EXTENDED DEFINITION OF PERSONAL AND ADVERTISING INJURY The definition of personal and advertising injury in Paragraph 14.b. is deleted and replaced by the following Abuse of process and malicious prosecution. All other terms and conditions of the policy remain unchanged. AGL01780719 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 5 INSURED | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DAMAGE TO CUSTOMERS AUTOS AND WATERCRAFT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Premium INCLUDED Insurance is provided only with respect to those coverages for which a specific Limit of Insurance and Deductible are shown Loc. Coverages Limit of Insurance for Each Location All 1000000 subject to the deductible shown on the Self Insured Retention Expenses Within Retention endorsement for each Comprehensive Customer s Auto or Customer s Watercraft for loss caused by theft or mischief or vandalism subject to 0 maximum deductible for all such loss in any one event. All 1000000 minus subject to the deductible shown on the Self Insured Collision Retention Expenses Within Retention endorsement for each Customer s Auto or Customer s Watercraft. EXCESS INSURANCE Damage to Customer s Autos and Watercraft applies on a legal liability basis. However coverage also applies without regards to your or any other insured s legal liability for loss to a customer s auto or customer s watercraft on an excess basis over any other collectible insurance regardless of whether the other insurance covers your or any other insured s interest or the interest of the customer s auto s or customer s watercraft s owner. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. All of the following applies as respects Damage to Customer s Autos and Watercraft only. Unless specifically referenced all other terms and conditions of the policy apply. A. This endorsement provides only those coverages 1. 2. Where a Limit of Insurance is shown for that coverage in the Schedule and For the locations shown in the Schedule. B. Coverage 1. We will pay all sums the insured legally must pay as damages for loss to a customer s auto a customer s watercraft customer s watercraft equipment or customer s auto equipment left in the insured s care while the insured is attending servicing repairing parking or storing it in your garage operations under a. Comprehensive Coverage from any cause except 1 The customer s auto s or customer s watercraft s collision with another object or 2 The customer s auto s or customer s watercraft s overturn. b. Collision Coverage Caused by 1 The customer s auto s or customer s watercraft s collision with another object or 2 The customer s auto s or customer s watercraft s overturn. All All AGL01821108 Includes copyright material from Insurance Services Office Inc. INSURED Page 10f 3 | 2 |
COMMERCIAL GENERAL LIABILITY We have the right and duty to defend any insured against a suit asking for these damages. However we have no duty to defend any insured against a suit seeking damages for any loss to which this insurance does not apply. We may investigate and settle any claim or suit as we consider appropriate. Our duty to defend or settle ends for a coverage when the Limit of Insurance for that coverage has been exhausted by payment or judgments or settlements. Who is An Insured The following are insureds for loss to customer s autos customer s watercraft customer s watercraft equipment and customer s autos equipment a. You b. Your partners if you are a partnership members if you are a limited liability company employees directors or shareholders while acting within the scope of their duties as such. Exclusions 1. 2. Exclusion j.4. is deleted as respects Damage to Customers Autos and Watercraft only. This insurance does not apply to any of the following a. Contractual Obligations Liability resulting from any agreement by which the insured accepts responsibility for loss. b. Theft Loss due to theft or conversion caused in any way by you your employees or by your shareholders. c. Defective Parts Defective parts or materials. d. Faulty Work Faulty work you performed. We will not pay for loss to any of the following a. Tape decks or other sound reproducing equipment unless permanently installed in a customer s auto or customer s watercraft. b. Tapes records or other sound reproducing devices designed for use with sound reproducing equipment. c. Sound receiving equipment designed for us as a citizens band radio two way mobile radio or telephone or scanning monitor receiver including its antennas and other accessories unless permanently installed in the dash or console opening normally used by the customer s auto or customer s watercraft manufacturer for the installation of a radio. d. Any device designed or used to detect speed measuring equipment such as radar or laser detectors and any jamming apparatus intended to elude or disrupt speed measuring equipment. Limit of Insurance And Deductible 1. Regardless of the number of customer s autos customer s watercraft insureds premiums paid claims made or suits brought the most we will pay for each loss at each location is the Damage to Customer s Autos and Watercraft Limit of Insurance shown in the Schedule for that location minus the applicable deductibles for loss caused by collision and theft or mischief or vandalism. The maximum deductible stated in the Declarations for Damage to Customer s Autos or Watercraft Comprehensive is the most that will be deducted for all loss in any one event caused by theft or mischief or vandalism. Sometimes to settle a claim or suit we may pay all or any part of the deductible. If this happens you must reimburse us for the deductible or that portion of the deductible that we paid. Additional Definitions 1. Customer s auto means a customer s land motor vehicle recreational vehicle trailer or semitrailer. It also includes any customer s auto while left with you for service repair storage or safekeeping. Customers include your employees and members of their households who pay for services performed. AGL01821108 Includes copyright material from Insurance Services Office Inc. INSURED Page 2 of 3 | 2 |
COMMERCIAL GENERAL LIABILITY Customer s watercraft means a customer s boat including boats with inboard or outboard motors and sailboats. Customer s watercraft does not mean jet skis or similar personal watercraft or high performance watercraft of any type. Loss means direct and accidental loss or damage including any resulting loss of use. Garage operations means the ownership maintenance or use of locations for garage business and that portion of the roads or other accesses that adjoin these locations. Garage operations also include all operations necessary or incidental to a garage business whether or not conducted in connection with any other business you own or operate. Work you performed includes a. Work that someone performed on your behalf and b. The providing of or failure to provide warnings or instructions. All other terms and conditions under the policy remain unchanged. AGL01821108 Includes copyright material from Insurance Services Office Inc. INSURED Page 3 of 3 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CARE CUSTODY OR CONTROL LIMITED COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description of Operations SKI RESORT Care Custody or Control Limits of Insurance 250000 Each Occurrence Property Damage to personal property arising out of Care Custody or Control 250000 Aggregate Property Damage to personal property arising out of Care Custody or Control If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. 250000 Exclusion 2.j.4 of Section I. Coverage A does not apply to operations described in the Schedule above. The most we will pay for property damage to personal property in the insured s care custody or control in any one occurrence is the Each Occurrence limit shown in the schedule of this endorsement. The Aggregate limit is the most we will pay for all property damage claims to personal property in the insured s care custody or control during the policy period. All other terms and conditions under the policy remain unchanged. AGL01831108 Includes copyright material from Insurance Services Office Inc. INSURED Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MEDICAL PERSONNEL COVERAGE INCLUDING VOLUNTEER WORKERS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION COVERAGES Coverage A Bodily Injury and Property Damage Liability Insuring Agreement. We will pay those sums that the insured becomes legally obligated to pay as a result of an occurrence arising out of the performing of professional health care services. This applies only to the professional health care services while performing duties related the conduct of your business. Section Il Who Is An Insured is amended to include your employees and volunteer workers for acts within the scope of their employment by you while performing duties related to the conduct of your business including duties arising out of his or her providing or failure to provide professional health services. If volunteer workers have been added to this coverage part as additional insureds the provision referencing providing or failure to provide professional health care services is deleted. All other terms and conditions of this policy remain unchanged. AGL01851108 Includes copyright material from Insurance Services Office Inc. INSURED Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SELF INSURED RETENTION EXPENSES WITHIN RETENTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to SECTION Ill LIMITS OF INSURANCE SELF INSURED RETENTION A. The insured has the duty to defend any claim or suit seeking damages to which this insurance applies and shall be responsible for paying any claim expenses. The claim expenses incurred by the insured serve to erode the Self Insured Retention shown in the Declarations. B. We shall have no obligation to pay or indemnify the insured for any amount 1. Until the amount of damages for which the insured is liable to pay together with any claim expenses exceeds the Self Insured Retention or 2. Until the amount of claim expenses is less than or equal to the Self Insured Retention and it has been determined that the insured is not liable to pay damages. C. The insured shall make claim for indemnification under this coverage as soon as practicable after one of the following occurs 1. The sum of damages to which this insurance applies plus claim expenses exceed the Self Insured Retention or 2. The amount of claim expenses exceeds the Self Insured Retention regardless of whether damages are ever assessed against the insured. We shall then promptly indemnify the insured for such amount that exceeds the Self Insured Retention subject to the limit of insurance shown in the Declarations. D. The insured s legal obligation to pay damages must be evidenced either by a judgment against the insured after actual trial or by a written settlement agreement executed by the insured and the claimant. The insured must obtain our prior written consent before offering or agreeing to pay an amount which exceeds the Self Insured Retention in order to settle any claim or suit seeking damages to which this insurance applies. E. We have no duty to defend any claim or suit to which the Self Insured Retention applies but we shall have the right to associate with the insured in the defense of any claim or suit which in our sole opinion may create indemnification obligations for us under this coverage. You will cooperate with us if we choose to exercise this right. F. We shall also have the right but not the duty to assume control in the defense of any claim or suit which in our sole opinion may create indemnification obligations for us under this coverage. This assumption of control shall include but not be limited to 1. The investigation of any occurrence accident loss offense claim or suit 2. The selection or retention of defense counsel AGL01871208 Includes copyright material from Insurance Services Office Inc. with it s permission INSURED Page 1 of 2 | 2 |
COMMERCIAL GENERAL LIABILITY 3. The appeal of any judgment or 4. The settlement of any claim or suit. G. If we exercise our rights specified in paragraphs E. and F. above we shall pay our own claim expenses. The Self Insured Retention applies as follows A. Each Occurrence When coverage is provided to you on an Each Occurrence basis then for each occurrence to which this insurance applies you are responsible for paying for all resulting damages up to the Self Insured Retention regardless of the number of persons or organizations who sustain damages because of that occurrence. B. Aggregate Any One Policy Period When an aggregate amount is shown that amount is the most you will pay for the total of all Self Insured Retentions in any one policy period for all claims or losses to which this insurance applies. The Limits of Insurance shown in the Declarations will not be reduced by your payment of any Self Insured Retention. It is agreed that paragraph d. of 2. Duties In The Event Of Occurrence Offense Claim Or Suit SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is hereby deleted. It is agreed that paragraph 8. of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following 8. Transfer of Rights of Recovery Against Others To Us We have the right to recover all indemnification payments which we have made to the insured from anyone liable for such loss. If the insured recovers from anyone liable for such loss we shall be reimbursed first from such recovery to the extent of our indemnification payments to the insured. a. If the insured does not commence an action or proceeding to recover damages from anyone liable for a loss paid by us the insured agrees to assign all of its rights of recovery to us and also agrees that we have the rights of the insured to recover damages from anyone liable for such loss. The insured will do everything necessary to protect those rights and help us to enforce them. Any such recovery will be allocated by us as follows 1. We will be reimbursed for all of our indemnification payments under this coverage 2. Any balance of the recovery which remains after we have been reimbursed will be paid to the insured. b. If such an action or proceeding undertaken solely by us results in no recovery we will pay all related expenses. c. If there is insurance coverage in excess of any applicable limit of insurance and if subrogation recovery is obtained from anyone liable for loss any such excess carrier will be reimbursed for any loss paid in excess of such limit before any reimbursement is made to us or the insured under the provisions of this condition. d. If there is no insurance coverage in excess of any limit of insurance and if there is a subrogation recovery in excess of such limit the insured will be reimbursed to the extent of any loss paid by the insured in excess of such limit before we are reimbursed under the provisions of this endorsement. All other terms and conditions of this policy remain unchanged. AGL01871208 Includes copyright material from Insurance Services Office Inc. with it s permission INSURED Page 2 of 2 | 2 |
POLICY NUMBER WFR GL10000165 02 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED POLLUTION LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Limited Pollution Liability Extension Aggregate Limit 1000000 Premium INCLUDED If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. I. Exclusion f. under Section Coverage A is replaced by the following 2. Exclusions This insurance does not apply to 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 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 b Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible c At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations 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 or d At or from a storage tank or other container ducts or piping which is below or partially below the surface of the ground or water or which at any time has been buried under the surface of the ground or water and then subsequently exposed by erosion excavation or any other means if the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants arises at or from any premises site or location i Which is or was at any time owned or occupied by or rented or loaned to any insured or ii Which any insured or any contractors or subcontractors working directly or indirectly 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. Paragraph f. 1 above does not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. 2 Any loss cost or expense arising out of any AGL01970309 Includes copyright material from Insurance Services Office Inc. Page 1 of 2 with its permission INSURED emium INCLUDED Page 1 of 2 m | 2 |
a Request demand order or statutory or regulatory requirement issued or made pursuant to any environmental protection or environmental liability statutes or regulations that any insured test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for those sums the insured becomes legally obligated to pay as 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 claim or suit by or on behalf of a governmental authority. II. With respect to bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants A. The Each Occurrence Limit shown in the Declarations does not apply. B. Paragraph 7. of Limits Of Insurance Section lll does not apply. C. Paragraph 1. of Section lll Limits Of Insurance is replaced by the following 1. The Limits Of Insurance shown in the Schedule of this endorsement or 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. D. The following are added to Section Ill Limits Of Insurance 8. Subject to 2. or 3. above whichever applies the Limited Pollution Liability Extension Aggregate Limit shown in the Schedule is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants. Subject to 8. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants. AGL01970309 Includes copyright material from Insurance Services Office Inc. with its permission INSURED Page 2 of 2 m | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SEXUAL MISCONDUCT OR SEXUAL MOLESTATION LIABILITY COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Sexual Misconduct or Sexual Molestation Each Incident Limit 1000000 Sexual Misconduct or Sexual Molestation Aggregate Limit 1000000 Information to complete this Schedule if not shown on this endorsement will be shown in the Declarations A. The following is added to SECTION COVERAGES COVERAGE SEXUAL MISCONDUCT OR SEXUAL MOLESTATION LIABILITY COVERAGE Insuring Agreement 1. We will pay those sums the insured becomes legally obligated to pay as damages because of bodily injury arising out of a sexual misconduct or sexual molestation incident 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 to which this insurance does not apply. We may at our discretion investigate any sexual misconduct or sexual molestation incident and settle any claim or suit that may result. But a. The amount we will pay for damages is limited as described in Section Ill Limits of Insurance of this endorsement and b. 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 the insurance provided by this endorsement. No other obligation or liability to pay sums or perform acts or services is covered unless expressly provided for under Supplementary Payments. This insurance applies to bodily injury only if a. The bodily injury is caused by a sexual misconduct or sexual molestation incident arising out of your covered operations b. The bodily injury is caused by a sexual misconduct or sexual molestation incident that takes place in the coverage territory and c. The first act of a sexual misconduct or sexual molestation incident occurs during the policy period. Bodily injury caused by sexual misconduct or sexual molestation incident the first act of which occurs during this policy period includes any continuation change or resumption of that sexual misconduct or sexual molestation incident after the end of the policy period. Bodily injury 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 a sexual misconduct or sexual molestation incident or claim a. Reports all or any part of the sexual misconduct or sexual molestation incident to us or any other insurer b. Receives a written or verbal demand or claim for damages because of the sexual misconduct or sexual molestation incident or c. Becomes aware by any means that the sexual misconduct or sexual molestation incident has occurred or has begun to occur. AGL04460711 Includes copyrighted material from Insurance Services Office Inc. with its permission. INSURED Page 1 of 4 | 2 |
COMMERCIAL GENERAL LIABILITY B. SECTION COVERAGES is amended as follows 1. The following is added to Coverage A Bodily Injury and Property Damage Liability Paragraph 2. Exclusions This insurance does not apply to Bodily injury or property damage caused by a sexual misconduct or sexual molestation incident. The following is added to Coverage B Personal and Advertising Injury Liability Paragraph 2. Exclusions This insurance does not apply to Personal and advertising injury caused by a sexual misconduct or sexual molestation incident. C. With regard to the coverage provided by this endorsement the following Exclusions apply This insurance does not apply to 1. Participation In Or Knowingly Allowed Acts Any insured who participated in directed or knowingly allowed any sexual misconduct or sexual molestation incident. Failure To Report Bodily injury arising out of a failure by an insured having knowledge of an act of sexual misconduct or sexual molestation to comply with any applicable federal state or local law ordinance or regulation which requires the reporting of such act. Dishonest Fraudulent Criminal Wrongful Or Malicious Act Bodily injury or the cost of defense arising out of any intentional dishonest fraudulent criminal wrongful or malicious act error or omission committed by directed or knowingly allowed by any insured sexual discrimination or the willful or reckless violation of any statute or law. This exclusion applies even if a. The insured or the person causing the bodily injury lacks the mental capacity to control or govern his or her own conduct or b. The insured or the person causing the bodily injury temporarily lacks the capacity to control or govern his or her own conduct or is temporarily unable to form any intent to cause harm. This exclusion applies regardless of whether or not the insured or the person causing the bodily injury is actually charged with or convicted of a crime and regardless of whether or not any insured or person causing the bodily injury subjectively intended the injury or damage for which a claim is made. This exclusion precludes coverage for all insured persons under the policy regardless of whether or not the person seeking coverage participated in any way in the intentional or criminal acts or omissions. Known History Bodily injury arising out of the employment or the use of a volunteer worker of a person who had a history of committing sexual misconduct or sexual molestation of which the insured had knowledge a. Before or during that person s employment or use as a volunteer worker and b. Before that person committed the sexual misconduct or sexual molestation incident. Contractual To liability assumed by any insured under any 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. Workers Compensation And Similar Laws Any obligation of any insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Employer s Liability a. Any claim made by or on behalf of 1 Any employee of the insured arising out of and in the course of employment by any insured or performing duties related to the conduct of the insured s business or 2 Any other person including but not limited to the spouse child parent brother or sister of that employee or any other person as a consequence of 1 above. b. This exclusion applies 1 Whether any insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of injury. AGL04460711 Includes copyrighted material from Insurance Services Office Inc. Page 2 of 4 with its permission. Includes copyrighted material from Insurance Services Office Inc. with its permission. INSURED Page 2 of 4 | 2 |
COMMERCIAL GENERAL LIABILITY 10. 11. 12. Employment Related Practices a. Any claim by or on behalf of 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 or discrimination directed at that person or 2 Any other person including but not limited to 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 Paragraph 1 above is directed. b. This exclusion applies 1 Whether the injury causing event described in 1 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. Bodily injury property damage personal and advertising injury a. Bodily injury not specifically provided for within this endorsement. Bodily injury for which insurance is provided by other insurance or which would have been provided but for the exhaustion of limits or b. Property damage or personal and advertising injury. Penalties And Fines Any sum awarded for fines or penalties arising out of any sexual misconduct or sexual molestation incident. Any costs fines or penalties incidental to or arising from any criminal investigation or prosecution regarding any sexual misconduct or sexual molestation incident. Prior Condition Bodily injury that results from a sexual misconduct or sexual molestation incident that first commenced prior to the beginning of the policy period for this insurance. Prior Insurance Bodily injury for which insurance is afforded under any policy with a policy period that began prior to the beginning of the policy period for this insurance.. With regard to the coverage provided by this endorsement the following is added to SECTION Il WHO IS AN INSURED of the following is an insured for bodily injury caused by a sexual misconduct or sexual molestation incident 1. 2. Any insured who participated in directed or knowingly allowed a sexual misconduct or sexual molestation incident. Any person who after having knowledge of a sexual misconduct or sexual molestation incident has failed to comply with any applicable federal state or local laws ordinances or regulations which require the reporting of such act. With regard to the coverage provided by this endorsement the following is added to SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Schedule above 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. The Sexual Misconduct or Sexual Molestation Aggregate Limit is the most we will pay for the sum of all damages because or arising in any way out of sexual abuse or sexual molestation to which this insurance applies. This limit is in addition to and not included within the General Aggregate Limit set forth in Paragraph 2. of Section Ill Limits Of Insurance. AGL04460711 Includes copyrighted material from Insurance Services Office Inc. with its permission. INSURED Page 3 of 4 | 2 |
COMMERCIAL GENERAL LIABILITY 3. Subject to the Sexual Misconduct or Sexual Molestation Aggregate Limit the Sexual Misconduct or Sexual Molestation Each Incident Limit is the most we will pay for the sum of all damages sustained in any one sexual misconduct or sexual molestation incident. F. With regard to the coverage provided by this endorsement SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Paragraph 2. Duties In the Event Of Occurrence Offense Claim Or Suit Subparagraph a. is deleted and replaced by the following You must see to it that we are notified as soon as practicable of a sexual abuse or sexual molestation incident or an offense which may result in a claim. Notice should include a. How when and where the sexual abuse or sexual molestation incident or offense took place b. The names and addresses of any injured persons and witnesses and c. The nature and location of any injury arising out of the sexual abuse or sexual molestation incident or offense. G. With regard to the coverage provided by this endorsement the following definitions apply 1. 2. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Sexual misconduct or sexual molestation means actual or alleged verbal visual or physical misconduct or physical molestation arising out of a single continuous sporadic or repeated exposure of one or more persons to acts of a sexual nature committed by a. One person or b. Two or more persons acting together or in related acts or series of acts. However sexual misconduct or sexual molestation does not include acts against a volunteer worker or employee of an insured. Sexual misconduct or sexual molestation incident means an act or multiple continuous sporadic related or repeated acts of sexual misconduct or sexual molestation by one person or two or more persons acting together. All acts of sexual misconduct or sexual molestation by any one person or two or more persons acting together will be deemed as one incident. The sexual misconduct or sexual molestation incident will be deemed to occur when the first sexual misconduct or sexual molestation incident takes place regardless of a. The number of persons injured b. The time period over which the bodily injury took place c. The number of such acts or d. Whether each such person participated in each act. All sexual misconduct or sexual molestation incidents by one person or two or more persons acting together will be considered one sexual misconduct or sexual molestation incident. AGL04460711 Includes copyrighted material from Insurance Services Office Inc. with its permission. INSURED Page 4 of 4 | 2 |
POLICY NUMBER WFR GL10000165 02 POLICY NUMBER WFR GL10000165 02 THIS ENDORSEMENT CHANGES THE POLICY. COMMERCIAL GENERAL LIABILITY CG 04351207 PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Each Employee Coverage Limit Of Insurance Deductible Premium Employee Benefits 1000000 each employee Programs 1000000 aggregate 1.000 249 Retroactive Date 12012018 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damag es because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. We may at our discretion investigate any report of an act error or omission and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Paragraph D. Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to damages only if 1 The act error or omission is negligently committed in the administration of your employee benefit program 2 The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy pe riod or an Extended Reporting Period we provide under Paragraph F. of this en dorsement. c. A claim seeking damages will be deemed to have been made at the earlier of the fol lowing times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or 3 CG 04351207 ISO Properties Inc. 2006 INSURED Page 1 of 6 | 2 |
2 When we make settlement in accordance with Paragraph a. above. A claim received and recorded by the in sured within 60 days after the end of the pol icy period will be considered to have been received within the policy period if no sub sequent policy is available to cover the claim. All claims for damages made by an em ployee because of any act error or omis sion or a series of related acts errors or omissions including damages claimed by such employee s dependents and benefi ciaries will be deemed to have been made at the time the first of those claims is made against any insured.. Exclusions This insurance does not apply to Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dis honest fraudulent criminal or malicious act error or omission committed by any insured including the willful or reckless violation of any statute.. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or per sonal and advertising injury.. Failure To Perform A Contract Damages arising out of failure of perfor mance of contract by any insurer.. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit pro gram.. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. f. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable be cause of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other col lectible insurance. i. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. j. Employment Related Practices Damages arising out of wrongful termination of employment discrimination or other em ployment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supple mentary Payments Coverages A B and Em ployee Benefits Liability. 2. Paragraphs 1.b. and 2. of the Supplementary Payments provision do not apply. C. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of Section Il Who Is An Insured are replaced by the following 2. Each of the following is also an insured a. Each of your employees who is or was authorized to administer your employee benefit program. b. Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your legal repre sentative is appointed. Page 2 of 6 ISO Properties Inc. 2006 INSURED CG 04351207 | 2 |
c. Your legal representative if you die but The L only with respect to duties as such. That apply representative will have all your rights and period duties under this Endorsement. 12 mo 3. Any organization you newly acquire or form pccy other than a partnership joint venture or limited policy liability company and over which you maintain unless ownership or majority interest will qualify as a ance f Named Insured if no other similar insurance ap month plies to that organization. However bydsi a. Coverage under this provision is afforded Fancle. only until the 90th day after you acquire or form the organization or the end of the policy 2. Deduc period whichever is earlier. a. Oul b. Coverage under this provision does not the apply to any act error or omission that was dar committed before you acquired or formed sta the organization. Eg D. For the purposes of the coverage provided by this endorsement Section Ill Limits Of Insurance is b. The replaced by the following glleE 1. Limits Of Insurance ee a. The Limits of Insurance shown in the of Schedule and the rules below fix the most ins we will pay regardless of the number of c. The 1 Insureds witl 2 Claims made or suits brought 1 3 Persons or organizations making claims or bringing suits 4 Acts errors or omissions or 5 Benefits included in your employee benefit program. apl de b. The Aggregate Limit is the most we will pay 4. W for all damages because of acts errors or We omissions negligently committed in the ad m ministration of your employee benefit pro su gram. tak suc c. Subject to the Aggregate Limit the Each ha Employee Limit is the most we will pay for all E. For th damages sustained by any one employee clrj e p including damages sustained by such em e n orsem ployee s dependents and beneficiaries as a ommerc result of placed by 1 An act error or omission or 2. 3 2 A series of related acts errors or omis Y sions a sgcl negligently committed in the administration siol of your employee benefit program. ten However the amount paid under this en dorsement shall not exceed and will be sub ject to the limits and restrictions that apply to the payment of benefits in any plan in cluded in the employee benefit program. CG 04351207 ISO Properties Inc. 2006 INSURED The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless the policy period is extended after issu ance 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 Insur ance. 2. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Schedule as applicable to Each Employee. The limits of insurance shall not be reduced by the amount of this deductible. b. The deductible amount stated in the Sched ule applies to all damages sustained by any one employee including such employ ee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. c. The terms of this insurance including those with respect to 1 Our right and duty to defend any suits seeking those damages and 2 Your duties and the duties of any other involved insured in the event of an act error or omission or claim apply irrespective of the application of the deductible amount. d. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as we have paid. E. For the purposes of the coverage provided by this endorsement Conditions 2. and 4. of Section IV Commercial General Liability Conditions are re placed by the following 2. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act error or omis sion which may result in a claim. To the ex tent possible notice should include 1 What the act error or omission was and when it occurred and CG 04351207 Page 3 of 6 | 2 |
2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. 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 de mands notices summonses or legal pa pers 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 en forcement of any right against any per son or organization which may be liable to the insured because of an act error or omission to which this insurance may al so apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. 4. Other Insurance If other valid and collectible insurance is availa ble to the insured for a loss we cover under this endorsement our obligations are limited as fol lows a. Primary Insurance This insurance is primary except when Par agraph b. below applies. If this insurance is primary our obligations are not affected un less any of the other insurance is also pri mary. Then we will share with all that other insurance by the method described in Para graph c. below. b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary ex cess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Schedule of this insurance and that applies to an act error or omission on other than a claims made basis if a No Retroactive Date is shown in the Schedule of this insurance or b The other insurance has a policy period which continues after the Ret roactive Date shown in the Schedule of this insurance. 2 When this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that ex ceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provi sion and was not bought specifically to apply in excess of the Limits of Insurance shown in the Schedule of this endorse ment. c. Method Of Sharing If all of the other insurance permits contribu tion by equal shares we will follow this method also. Under this approach each in surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will con tribute by limits. Under this method each in surer s share is based on the ratio of its ap plicable limits of insurance to the total applicable limits of insurance of all insurers. 3 4 Page 4 of 6 ISO Properties Inc. 2006 INSURED CG 04351207 | 2 |
F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorse ment is attached to a claims made Coverage Part replaces any similar Section in that Coverage Part EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Extended Reporting Period as described below if a. This endorsement is canceled or not re newed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this en dorsement or 2 Does not apply to an act error or omis sion on a claims made basis. 2. The Extended Reporting Period does not ex tend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first commit ted before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect the Extended Report ing Period may not be canceled. 3. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the en dorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the addi tional premium promptly when due. We will determine the additional premium in ac cordance with our rules and rates. In doing so we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of damag es and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section appli cable to the Extended Reporting Period includ ing a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and col lectible insurance available under policies in force after the Extended Reporting Period starts. 4. If the Extended Reporting Period is in effect we will provide an extended reporting period ag gregate limit of insurance described below but only for claims first received and recorded dur ing the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement un der Limits of Insurance. Paragraph D.1.b. of this endorsement will be amended accordingly. The Each Employee Lim it shown in the Schedule will then continue to apply as set forth in Paragraph D.1.c. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the Definitions Section 1. Administration means a. Providing information to employees includ ing their dependents and beneficiaries with respect to eligibility for or scope of employ ee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit in cluded in the employee benefit program. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. CG 04351207 ISO Properties Inc. 2006 INSURED Page 5 of 6 | 2 |
4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafe teria plan or otherwise Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts pro vided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s el igibility requirements. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employ ee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits Unemployment insurance social security benefits workers compensation and disabil ity benefits. Vacation plans including buy and sell pro grams leave of absence programs includ ing military maternity family and civil leave tuition assistance plans transportation and health club subsidies and e. Any other similar benefits designated in the Schedule or added thereto by endorsement. H. For the purposes of the coverage provided by this endorsement Definitions 5. and 18. in the Defini tions Section are replaced by the following 5. Employee means a person actively employed formerly employed on leave of absence or dis abled or retired. Employee includes a leased worker. Employee does not include a tempo rary worker. 18. Suit means a civil proceeding in which dam ages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the in sured 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. Page 6 of 6 ISO Properties Inc. 2006 INSURED CG 04351207 | 2 |
COMMERCIAL GENERAL LIABILITY CG20080413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED USERS OF GOLFMOBILES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section Il Who Is An Insured is amended to B. For the purposes of this endorsement golfmobile include as an additional insured any persons means a motorized conveyance that is using or legally responsible for the use of golfmobiles loaned or rented to others by you or 1 Euej gggrthazpigoogogfysgglsf.uar golf any of your concessionaires but only for their. o liability arising out of the use of the golfmobiles. 2. Not built or modified after manufacture to exceed a speed of 25 miles per hour on level ground. CG20080413 Insurance Services Office Inc. 2012 INSURED Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2106 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A As used in this exclusion electronic data Bodily Injury And Property Damage Liability is means information facts or programs replaced by the following stored as or on created or used on or 2. Exclusions transmitted to or from computer software This insurance does not apply to p Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. 2 including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information 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. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CG 2106 05 14 Insurance Services Office Inc. 2013 INSURED Page 1of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 210906 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION UNMANNED AIRCRAFT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.g. Aircraft Auto Or Watercraft under This Paragraph g.2 applies even if the Section Coverage A Bodily Injury And claims against any insured allege Property Damage Liability is replaced by the negligence or other wrongdoing in the following supervision hiring employment training or monitoring of others by that insured if o the occurrence which caused the This insurance does not apply to bodily injury or property damage g. Aircraft Auto Or Watercraft involved the ownership maintenance. use or entrustment to others of any 1 Unmanned Alrcraft aircraft other than unmanned aircraft 2. Exclusions Bodily injury or property damage auto or watercraft that is owned or arising out of the ownership operated by or rented or loaned to any maintenance use or entrustment to insured. others of any aircraft that is an unmanned aircraft. Use includes This Paragraph g.2 does not apply to operation and loading or unloading. A watercraft while ashore on This Paragraph g.1 applies even if the premises you own or rent claims against any insured allege b A watercraft you do not own that is negligence or other wrongdoing in the i Less than 26 feet long and supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the ii Not being used to carry persons or property for a charge bodily injury or property damage c Parking an auto on or on the ways involved the ownership maintenance next to premises you own or rent use or entrustment to others of any provided the auto is not owned by aircraft that is an unmanned aircraft. or rented or loaned to you or the 2 Aircraft Other Than Unmanned insured Aircraft Auto Or Watercraft d Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft other than unmanned aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This Paragraph g.2 applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft other than unmanned aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This Paragraph g.2 does not apply to a A watercraft while ashore on premises you own or rent b A watercraft you do not own that is i Less than 26 feet long and ii Not being used to carry persons or property for a charge c 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 d Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or CG 2109 06 15 Insurance Services Office Inc. 2014 INSURED Page 1 of 2 | 2 |
e Bodily injury or property damage arising out of i The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or ii The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. B. The following exclusion is added to Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Unmanned Aircraft Personal and advertising injury arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the offense which caused the personal and advertising injury involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. This exclusion does not apply to a. The use of another s advertising idea in your advertisement or b. Infringing upon another s copyright trade dress or slogan in your advertisement. C. The following definition is added to the Definitions section Unmanned aircraft means an aircraft that is not 1. Designed 2. Manufactured or 3. Modified after manufacture to be controlled directly by a person from within or on the aircraft. Page 2 of 2 Insurance Services Office Inc. 2014 INSURED CG 2109 06 15 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21320509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE 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 Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Communicable Disease Bodily injury or property damage arising out of the actual or alleged transmission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the a. Supervising hiring employing training or monitoring of others that may be infected with and spread a communicable disease b. Testing for a communicable disease c. Failure to prevent the spread of the disease or d. Failure to report the disease to authorities. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Communicable Disease Personal and advertising injury arising out of the actual or alleged transmission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the a. Supervising hiring employing training or monitoring of others that may be infected with and spread a communicable disease b. Testing for a communicable disease c. Failure to prevent the spread of the disease or d. Failure to report the disease to authorities. CG 21320509 Insurance Services Office Inc. 2008 INSURED Page 10f 1 m | 2 |
POLICY NUMBER WER GL10000165 02 POLICY NUMBER WER GL10000165 02 COMMERCIAL GENERAL LIABILITY CG 21351001 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 IDescription And Location Of Premises Or Classification LL OPERATIONS AND ALL LOCATIONS. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. With respect to any premises or classification shown 2. The following is added to Section I Supple in the Schedule mentary Payments 1. Section Coverage C Medical Payments h. Expenses incurred by the insured for first does not apply and none of the references to it aid administered to others at the time of an in the Coverage Part apply and accident for bodily injury to which this in surance applies. L OPERATIONS AND ALL LOCATIONS. 2. The following is added to Section I Supple mentary Payments h. Expenses incurred by the insured for first aid administered to others at the time of an accident for bodily injury to which this in surance applies. CG 21351001 ISO Properties Inc. 2000 INSURED Page 10f 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 21411219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INTERCOMPANY PRODUCTS SUITS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This insurance does not apply to any claim made or suit brought for damages by any Named Insured against another Named Insured because of bodily injury or property damage arising out of your products and included within the products completed operations hazard. CG 21411219 Insurance Services Office Inc. 2018 INSURED Page 1of 1 | 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 In jury And Property Damage Liability This insurance does not apply to Bodily injuryto 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 defa mation harassment humiliation discrimina tion 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 em ployment of that person 2 Whether the insured may be liable as an em ployer 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 defa mation harassment humiliation discrimina tion 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 em ployment of that person 2 Whether the insured may be liable as an em ployer 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 INSURED Page 10f 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury 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 threat ened 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 con currently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring clean ing up removing containing treating de toxifying neutralizing remediating or dis posing 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 consump tion. 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 threat ened 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 con currently 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 detoxify ing neutralizing remediating or disposing of or in any way responding to or assess ing 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 includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CG 21671204 ISO Properties Inc. 2003 INSURED Page 10f 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG21730115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM COMMERCIAL GENERAL LIABILITY 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 RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism. B. 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 or environmental damage as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such 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 attributable 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 population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. 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 population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CG 21730115 Insurance Services Office Inc. 2014 INSURED 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. Exclusions of Section Coverage A Bodily In jury And Property Damage Liability 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 sil ica 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 ex istence 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 contain ing 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 in sured or by any other person or entity. 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 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 in gestion of contact with exposure to exis tence 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 contain ing 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 in sured or by any other person or entity. C. The following definitions are added to the Defini tions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms sil ica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combi nation of silica and other dust or particles. CG 21 96 03 05 ISO Properties Inc. 2004 INSURED Page 10f 1 m | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PROPERTY ENTRUSTED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Operations Security and Patrol Agencies Warehouse cold individual storage lockers Warehouses miniwarehouses As respects the operations shown in the Schedule this insurance does not apply to property damage to prop erty of others 1. Entrusted to you for safekeeping or 2. On premises owned by or rented to you. CG22291185 Copyright Insurance Services Office Inc. 1984 INSURED Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG22390413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CAMPS OR CAMPGROUNDS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to the operation of any camp or 2. The furnishing or dispensing of drugs or campground by you or on your behalf medical dental or surgical supplies or A. The following exclusion is added to Paragraph 2. appliances or Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability If the camp or campground owns or operates an infirmary with facilities for lodging and treatment this insurance does not apply to bodily injury property damage or personal and advertising injury caused by 1. The rendering of or failure to render a. Medical surgical dental X ray or nursing service treatment advice or instruction or the related furnishing of food or beverages b. Any health or therapeutic service treatment advice or instruction or c. Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming 3. The handling or treatment of dead bodies. 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 or the offense which caused the personal and advertising injury involved that which is described in Paragraph 1. 2.or 3.. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage C Medical Payments 2. Exclusions We will not pay expenses for bodily injury to any camper. Insurance Services Office Inc. 2012 INSURED CG22390413 Page 10f 1 | 2 |
POLICY NUMBER WFR GL10000165 02 POLICY NUMBER WFR GL10000165 02 COMMERCIAL GENERAL LIABILITY CG22640413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PESTICIDE OR HERBICIDE APPLICATOR LIMITED POLLUTION COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Operations GOLF COURSE 830 JAY PEAK ROAD JAY VT 05859 Information required to complete this Schedule if not shown above will be shown in the Declarations. With respect to the operations shown in the Schedule Paragraph 1d of Exclusion f. of Section I Coverage A Bodily Injury And Property Damage Liability does not apply if the operations meet all standards of any statute ordinance regulation or license requirement of any federal state or local government which apply to those operations. OLF COURSE 830 JAY PEAK ROAD JAY VT 05859 CG22640413 Insurance Services Office Inc. 2012 INSURED Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG227004 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. REAL ESTATE PROPERTY MANAGED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to Exclusion j. Damage To B. The following is added to Paragraph 4.b.1 of Property of Paragraph 2. Exclusions of Section Other Insurance of Section IV Commercial Coverage A Bodily Injury And Property Damage General Liability Conditions Liability 4. Other Insurance 2. Exclusions b. Excess Insurance This insurance does not apply to With respect to your liability arising out of j Damage To Property Property damage to Property you operate or manage or as to which you act as agent for the collection of rents or in any other supervisory capacity. your management of property for which you are acting as real estate manager this insurance is excess over any other valid and collectible insurance available to you whether such insurance is primary or excess. CG227004 13 Insurance Services Office Inc. 2012 INSURED Page 10f 1 | 2 |
POLICY NUMBER WFR GL10000165 02 POLICY NUMBER WFR GL10000165 02 COMMERCIAL GENERAL LIABILITY CG229004 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL LIABILITY EXCLUSION SPAS OR PERSONAL ENHANCEMENT FACILITIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Operations SPA Information required to complete this Schedule if not shown above will be shown in the Declarations. The following exclusion is added to Paragraph 2. 2. Any service treatment advice or instruction Exclusions of Section Coverage A Bodily Injury relating to physical fitness including service And Property Damage Liability and Paragraph 2. treatment advice or instruction in connection Exclusions of Section Coverage B Personal with diet cardiovascular fitness bodybuilding or And Advertising Injury Liability physical training programs. With respect to any operation shown in the This exclusion applies even if the claims against any Schedule this insurance does not apply to bodily insured allege negligence or other wrongdoing in the injury property damage or personal and supervision hiring employment training or advertising injury arising out of monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved that which is described in Paragraph 1. or 2. 1. The rendering of or failure to render any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy or CG 22900413 Insurance Services Office Inc. 2012 INSURED Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG22910413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION TELECOMMUNICATION EQUIPMENT OR SERVICE PROVIDERS ERRORS AND OMISSIONS COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of a. An error omission defect or deficiency in any evaluation consultation or advice given by or on behalf of any insured concerning telecommunication equipment or services This endorsement modifies insurance provided under the following b. Any advice consultation evaluation inspection supervision quality control or phone network set up including central office cabling done by you or for you on a project on which you serve as a telecommunication equipment or service provider or c. The failure of any insured to adequately provide telecommunication services. 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 b. Any advice consultation evaluation inspection supervision quality control or phone network set up including central office cabling done by you or for you on a project on which you serve as a telecommunication equipment or service provider or c. The failure of any insured to adequately provide telecommunication services. 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 or the offense which caused the personal and advertising injury involved that which is described in Paragraph a. b. or c. CG22910413 Insurance Services Office Inc. 2012 INSURED Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG23010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION REAL ESTATE AGENTS OR BROKERS ERRORS OR OMISSIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liabiity and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising I njury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of any misrepresentation error or omission by you or any real estate agent or broker who is either employed by you or performing work on your behalf in such capacity. 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 or the offense which caused the personal and advertising injury involved any misrepresentation error or omission by you or any real estate agent or broker who is either employed by you or performing work on your behalf in such capacity. CG23010413 Insurance Services Office Inc. 2012 INSURED Page 10f 1 | 2 |
POLICY NUMBER WFR GL10000165 02 IBER WEFR GL10000165 02 COMMERCIAL GENERAL LIABILITY CG 2407 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS COMPLETED OPERATIONS HAZARD REDEFINED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Description of Premises and Operations SKI RESORT If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. With respect to bodily injury or property damage arising out of your products manufactured sold handled or distributed 1. On from or in connection with the use of any premises described in the Schedule or 2. In connection with the conduct of any operation described in the Schedule when conducted by you or on your behalf Paragraph a. of the definition of Products completed operations hazard in the DEFINITIONS Section is replaced by the following Products completed operations hazard a Includes all bodily injury and property damage that arises out of your products if the bodily injury or property damage occurs after you have relinquished possession of those products. CG 2407 01 96 Copyright Insurance Services Office Inc. 1994 INSURED Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 24081093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIQUOR LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion. Liquor Liability of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section 1 Coverages does not apply. CG 24081093 Copyright Insurance Services Office Inc. 1992 INSURED Page 10f 1 | 2 |
POLICY NUMBER WFR GL10000165 02 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BOATS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description of Watercraft PER SCHEDULE ON FILE WITH COMPANY Additional Premium Incl. Incl. Incl. Incl. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. 1. Exclusion g. of COVERAGE A Section 1 does not apply to any watercraft owned or used by or rented to the insured shown in the Schedule. 2. WHO IS AN INSURED Section Il is amended to include as an insured any person or organization legally responsible for the use of any such watercraft you own provided the actual use is with your permission. CG24121185 Copyright Insurance Services Office Inc. 1984 1992 INSURED Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG24220413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE TERRITORY WORLDWIDE COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to Section IV Conditions Expanded Coverage Territory 1. If a suit is brought in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from defending the insured the insured will initiate a defense of the suit. We will reimburse the insured under Supplementary Payments for any reasonable and necessary expenses incurred for the defense of a suit seeking damages to which this insurance applies that we would have paid had we been able to exercise our right and duty to defend. If the insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from paying such sums on the insured s behalf we will reimburse the insured for such sums.. All payments or reimbursements we make for damages because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. Al payments or reimbursements we make for expenses under Supplementary Payments will be made in U.S. currency at the prevailing exchange rate at the time the expenses were incurred.. Any disputes between you and us as to whether there is coverage under this policy must be filed in the courts of the United States of America including its territories and possessions Puerto Rico or Canada. 4. The insured must fully maintain any coverage required by law regulaton or other governmental authority during the policy period except for reduction of the aggregate limits due to payments of claims judgments or settlements. Failure to maintain such coverage required by law regulation or other governmental authority will not invalidate this insurance. However this insurance will apply as if the required coverage by law regulation or other governmental authority was in full effect. B. The following is added to Paragraph 4.b.1 under the Conditions section 4. Other Insurance b. Excess Insurance This insurance is excess over c Any of the other insurance whether primary excess contingent or on any other basis i If the insured s liability to pay damages is determined in a suit brought outside the United States of America including its territories and possessions Puerto Rico or Canada or i That is coverage required by law regulation or other governmental authority in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada. C. The definiton of coverage territory in the Definitions section is replaced by the following Coverage territory means anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America. CG24220413 Insurance Services Office Inc. 2012 INSURED Page 10f 1 | 2 |
A DELIVERY INVOICE TRAVELERS e e e Company TRAVELERS PROPERTY CASUALTY CO. OF AMERICA Policy Inception Effective Date 060120 Agency Number 1501183 DIGITAL ALLY INC i. 9705 LOTRET QLVD Transaction Type LENEXA KS 66219 RENEWAL OF POLICY Transaction number 001 Processing date 061020 1434 Policy Number ZLP71N28055 20 15 omIxcCwnzZz A RISK PLACEMENT SERVICES G 7450 W 130TH STE 350 IE OVERLAND PARK KS 66213 Policy Surtax Number Description Amount Surcharge 71N28055 SERIES 2000 POLICY 24944.00 e e 40724 Ed. 12 90 INSURED COPY 1990 The Travelers Indemnity Company. All rights reserved. Page 1 | 2 |
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o TRAVELERS One Tower Square Hartford Connecticut 06183 COMMERCIAL GENERAL LIABILITY POLICY NO. zLP71N28055 20 15 COVERAGE PART DECLARATIONS ISSUE DATE 061020 INSURING COMPANY TRAVELERS PROP CASUALTY CO OF AMERICA DECLARATIONS PERIOD From 060120 to 060121 1201 A.M. Standard Time at your mailing address shown in the C The Commercial General Liabilit Coverage Form shown below. ommon Policy Declarations. y Coverage Part consists of these Declarations and the 1. COVERAGE AND LIMITS OF INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIMITS OF INSURANC General Aggregate Limit 2000000 Other than Products Completed Operations Products Completed Operations Aggregate Limit 2000000 Personal Advertising Injury Limit 1000 000 Each Occurrence Limit 1000000 Damage To Premises Rented to You Limit any one premises 500000 Medical Expense Limit any one person 10000 2. AUDIT PERIOD ANNUAL 3. FORM OF BUSINESS CORPORATION 4. NUMBERS OF FORMS SCHEDULE S AND ENDORSEMENTS FORMING PART OF THIS COVERAGE PART ARE ATTACHED AS A SEPARATE LISTING SEE IL T8 01. LIMITS OF INSURANCE 2000000 2000000 1000000 1000000 500000 10000 COMMERCIAL GENERAL LIABILITY COVERAGE IS SUBJECT TO A GENERAL AGGREGATE LIMIT PRODUCER RISK PLACEMENT SERVICES CG TO 01 11 03 OFFICE ST. PAUL Page 1 of 1 | 2 |
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TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG T1 00 02 19 SECTION COVERAGES Beginning on Page Coverage A Bodily Injury and Property Insuring Agreement Damage Liability Exclusions Coverage B Personal and Advertising Insuring Agreement... Injury Liability Exclusions... Coverage C Medical Payments Insuring Agreement... Exclusions.. Supplementary Payments... SECTION 11. WHO IS AN INSURED... SECTION l LIMITS OF INSURANCE... SECTION IV. COMMERCIAL GENERAL LIABILITY CONDITIONS. Bankruptey Duties In Thy Legal Action Against Us Other Insurance.. Premium Audit Representations Separation Of Insureds. Transfer Of Rights Of Recovery Against Others To Us When We Do Not Renew SECTION V. DEFINITIONS... TABLE OF CONTENTS Wwa 1l VWY Ve 1Y SECTION COVERAGES Beginning on Page Coverage A Bodily Injury and Property Insuring Agreement Damage Liability Exclusions Coverage B Personal and Advertising Insuring Agreement Injury Liability Exclusions.. Coverage C Medical Payments Insuring Agreement Exclusions Supplementary Payments SECTION 11.WHO IS AN INSURED SECTION 11 LIMITS OF INSURANCE... SECTION IV. COMMERCIAL GENERAL LIABILITY CONDITIONS.. Bankruptey Duties In The Event Of Occurrence Offense Claim Or Suit Legal Action Against Us Other Insurance Premium Audit. Representations Separation Of In Transfer Of Rights Of R When We Do Not Renew.. SECTION V. DEFINITIONS... CG TO 34 02 19 | 2 |
TRAVELERSJ One Tower Square Hartford Connecticut 06183 EVIPLOYEE BENEFITS LIABILITY POLICY NO. zLP71N28055 20 15 COVERAGE PART DECLARATIONS ISSUE DATE 061020 INSURING COMPANY TRAVELERS PROP CASUALTY CO OF AMERICA DECLARATIONS PERIOD From 060120 to 060121 1201 A.M. Standard Time at your mailing address shown in the Common Policy Declarations. The Employee Benefits Liability Coverage Part consists of these Declarations and the Cov erage Form shown below. 1. COVERAGE AND LIMITS OF INSURANCE Employee Benefits Liability Coverage Form Limits of Insurance Aggregate Limit 3 000000 Each Employee Limit 1000000 2. AUDIT PERIOD ANNUAL 3. FORM OF BUSINESS CORPORATION 4 RETROACTIVE DATE This insurance does not apply to negligent acts errors or omissions which occurred before the Retroactive Date if any shown below. Retroactive Date 01012004 5. EMPLOYEE BENEFIT PROGRAMS OTHER THAN THOSE LISTED IN SECTION VIl DEFINITIONS Limits of Insurance 3000000 1000000 DEDUCTIBLE SNONE EACH EMPLOYEE PREMIUM COMPUTATION Rate Estimated No. Per Estimated Minimum of Employees Employee Premium Premium 105 300 300 NUMBERS OF FORMS SCHEDULES AND ENDORSEMIENT FORMING PART OF THIS COVERAGE PART ARE ATTACHED AS A SEPARATE LISTING. SEE IL 18 Ol. Rate Per Employee PRODUCER RISK PLACEMENT SERVICES OFFICE ST. PAUL CG TO 09 09 93 1993 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY 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 I 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 Hl Limits Of Insurance and Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments 2 This insurance applies to bodily ijury 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. Bodily injury or property damage which ocecurs 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. 3 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 I 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 CG T1 00 02 19 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 23 includes copyrighted material of Insurance Services Office Inc. with its permission. | 0 |
COMMERCIAL GENERAL LIABILITY 2 Recelves a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. 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 Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed In a contract or agreement that is an insured contract provided that 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 reasonhable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of bodily injury or property damage provided that Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and h Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compen sation law or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or 6 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. Page 2 of 23 2017 The Travelers Indemnity Company. All rights reserved. CG T 00 02 19 includes copyrighted material of insurance Sarvices Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY i Any Insured or I Any person or organization for whom you may be legaliy responsible d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or sub contractor However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels ubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equip ment 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 dis persed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building 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 a contractor or subcontractor or f. Pollution 1 Bodily Injury or property damage arising out of the actual alleged or threatened discharge dispersai seepage migration release or escape of pollutants a b 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 sub paragraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equip ment that is used to heat cool or dehumidify the building or produced by or originating from 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 vyour 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 focation is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste If such pollutants are or were at any time transported handled stored treated disposed of or processed as waste by or for CG T1 00 02 19 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 23 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are or were at any time performing operations to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants 2 Any loss cost or expense arising out of any Request demand order or statutory or regulatory require ment that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that st a B0 feet long or less and 1 Not being used to carry any person or property for a charge Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the Insured Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify as mobile equipment under the definition of mobile equipment If such land vehicle were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph.2 or.3 of the definition of mobile equipment or 6 An alrcraft that is a Chartered with a pilot to any insured n Not owned by any Insured and 5 3 Not being used to carry any person or property for a charge. Mobile Equipment Bodily mury 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 pre Page 4 of 23 2017 The Travelers Indemnity Company. All rights reserved CG 11 00 02 19 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY of 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 of it or any part of It. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not beh 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 CG T1 00 02 19 arranged racing speed demolition or stunting activity War Bodlly injury or property damage arising 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 govern ment sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hinder ing or defending against any of these Damage To Property Property damage to 1 Property you own rent or occupy Including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to premises damage. A separate imit of insurance applies to premises damage as described in Paragraph 6. 2017 The Travelers Indemnity Company. All rights reserved. of 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 of it or any part of It. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not beh 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 Page 5 of 23 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. p. 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. However this exclusion does not apply to liability for damages because of bodily injury. q. Unsolicited Communication Bodily injury or property damage arising out of any actual or alleged violation of any law that restricts or prohibits the sending transmitting or distributing of unsolicited com munication. r. Access Or Disclosure Of Confidential Or Personal Information Bodily injury or property damage arising out of any access to or disclosure of any person s or organization s confidential or personal information. s. Ashestos 1 Bodily injury or property damage arising out of the actual or alleged presence or actual alleged or threatened dispersal of asbestos asbestos fibers or products containing ashestos provided that the bodily injury or property damage is caused or contributed to by the hazardous properties of asbestos. Bodily injury or property damage arising out of the actual or alleged presence or actual alleged or threatened dispersal of any solid liquid gaseous or thermal irritant or contaminant including smoke vapors soot fumes acids alkalis chemicals and waste and that are part of any claim or sult which also alleges any bodily injury or property damage described in Paragraph 1 above. 3 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory require ment 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 ashestos asbestos fibers or products containing asbestos or Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of asbestos asbestos fibers or products contalning asbestos. t. Employment Related Practices 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 practice policy act or omission such as coercion demotion evaluation reassignment dis cipline failure to promote or advance harassment humiliate ion discrimination libel slander violation of the person s right of privacy malicious prosecution or false arrest detention or imprison ment applied to or directed at that person regardless of whether such practice policy act or omission occurs s applied or is committed before during or after the time of that person s employment 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 Paragraph a or c above Is directed. 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 Page 6 of 23 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 18 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY This exclusion does not apply to personal injury caused by malicious prosecution. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication including publication by electronic means of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Or Used Prior To Palicy Period 1 Personal and advertising injury arising out of oral or written publication including publication by electronic means of material whose first publication took place before the beginning of the policy period or Advertising injury arising out of infringement of copyright title or slogan in your advertisement whose first infringement in your advertisement was committed before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liahility 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 1 That the Insured would have in the absence of the contract or agresment or 2 2 Because of personal injury assumed by you in a contract or agreement that is an insured contract provided that the personal injury is caused by an offense committed subsequent to the execution of the contract or agreement Solely for the purposes of liability assumed by you in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of personal injury provided that repay someone else who must pay damages because of the bodily injury. Exclusions c. through n. do not apply to premises damage. A separate limit of insurance applies to premises damage as described in Paragraph 6. of Section Ill Limits Of Insurance COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed In the coverage territory during the policy period. 2 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. CG T1 00 02 19 2017 The Travelers Indemnity Company. ANl rights reserved. Page 7 of 23 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY a Liability to such party for or for the cost of that party s defense has also been assumed by you in the same insured contract and 5 Such attorneys fees litigation expenses are defense of that party against a civil or alternative dispute resolution proceeding in which damages to which insurance applies are alleged. f. Breach Of Contract Advertising injury arising out of a breach of contract. g QOuality Or Performance Of Goods Failure To Conform To Statements Advertising injury arising cut of the failure of goods products or services to conform with any statement quality or performance made in your advertisement. h. Wrong Description Of Prices Advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. i. Intellectual Property Personal and advertising injury arising out of any actual or alleged infringement or violation of any of the following rights or laws or any other personal and advertising injury alleged in any claim or suit that also alleges any infringement or violation 1 Copyright 2 Patent 3 Trade dress 4 Trade name 5 Trademark 6 Trade secret or 7 Other intellectual property rights or laws. This exclusion does not apply to 1 Advertising injury arising out of any actual or alleged infringement or violation of another s copyright title or slogan in advertisement or 2 Any other personal advertising injury alleged in any claim or suit that also alleges J any such infringement or violation of another s copyright title or slogan in your advertisement. Insureds In Media And Internet Type Businesses Personal and advertising injury caused by an offense committed by an insured whose business is 1 Advertising broadcasting or publishing 2 Designing or determining content of websites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs a1 2 and 3 of the definition of personal injury. For the purposes of this exclusion 1 Creating and producing corres pondence written in the conduct of your business bulletins financial or annual reports or newsletters about your goods products or services will not be considered the business of publishing and The placing of frames borders or links or advertising for you or others anywhere on the Internet will not by itself be considered the business of advertising broadcasting or publishing. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts or 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 nhame or metatag or any other similar tactics to mislead another s potential customers Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. 2 Page 8 of 23 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY asbestos fibers or products containing asbestos provided that the personal and advertising injury is caused or contributed to by the hazardous properties of asbestos. 2 Personal and advertising injury arising out of the actual or alleged presence or actual alleged or threatened dispersal of any solid liquid gaseous or thermal irritant or contaminant including smoke vapors soot fumes acids alkalis chemicals and waste and that are part of any claim or suit which also alleges any personal and advertising injury described in Paragraph 1 above. 3 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory require ment 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 asbestos asbestos fibers or products containing asbestos or b Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of ashestos asbestos fibers or products containing asbestos. s. Employment Related Practices Personal injury to 1 A person arising out of any a Refusal to employ that person o Termination of that person s employment or Employment related practice policy act or omission such as coercion demotion evaluation reassignment dis cipline failure to promote or advance harassment humiliation discrimination libel slander violation of the person s right of privacy malicious pro secution or false arrest detention or imprisonment applied to or directed at that 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 any governmental authority or any other person or organization because of testing for monitoring cleaning up removing containing treating detoxifying or neutraliz ing or in any way responding to or assessing the effects of pollutants War Personal and advertising injury arising 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 hinder ing or defending against any of these. Unsolicited Communication Personal and advertising injury arising out of any actual or alleged violation of any law that restricts or prohibits the sending transmitting or distributing of unsolicited com munication Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. 3 Ashestos 1 Personal and advertising injury arising out of the actual or alleged presence or actual alleged or threatened dispersal of asbestos CG T1 00 02 19 2017 The Travelers Indemnity Company. All rights reserved. Page 9 of 23 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY person regardless of whether such practice policy act or omission occurs is applied or is committed before during or after the time of that person s employment or 2 The spouse child parent brother or sister of that person as a consequence of personal injury to that person at whom any of the employment related practices described in Paragraph af or above is directed. 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 personal injury. COVERAGE C MEDICAL PAYMENTS Insuring Agreement a We will medical expenses as pay 88 bodily injury described below for caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period The expenses are incurred and reported to us within one year of the date of the accident and The injured person submits to exarnination at our expense by physicians of our choice as often as we reasonably require. 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. 2. Exclusions Any Insured To any workers Hired Persan To a person hired to do work for or on behalf of any insured or a tenant of any insured. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. Waorkers Compensation And Similar Laws insured except volunteer To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. Athletics Activities To a person injured while practicing Instructing or participating in any physical exercises or games sports or athletic contests.. Products Completed Operations Hazard Included within the products completed operations hazard Coverage A Exclusions Excluded under Coverage A SUPPLEMENTARY PAYMENTS 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a b. All expenses we incur. Up to 2600 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit Including actual occurs is appiied or tted before during or time of that person s snt or child parent brother f that person as a of personal injury on at whom any of nent related practices Paragraph al b or directed. applies whether the liable as an employer capacity and to any are damages with or else who must pay se of the personal PAYMENTS medical expenses as v for bodily injury cident you own or rent ext to premises you or our operations takes place in the rritory and during the Page 10 of 23 2017 The Travelers Indemnity Company. All rights reserved. 6 T1 00 02 19 includes copyrighted materlal of Insurance Services Office Inc. with its permission. | 1 |
loss of earnings up to 500 a day because of time off from work. e All court costs taxed against the insured in the suit.However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. 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. 4. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract B This insurance applies to liability assumed by the insured. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence or offense 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 control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee such 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit COMMERCIAL GENERAL LIABILITY Immediately send us of any demands notices summonses or legal papers received in connection with the euit copies e 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 Conduct and control the defense of the indemnitee in such suit So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments Notwithstanding the provisions of Paragraph Zb.2 of Section Coverages Coverage A Bodily Injury And Property Damage Liability or Paragraph 2.e. of Section Coverages Coverage Personal And Advertising Injury Liability such payments will not be deemed to be damages for bodily injury property damage or personal injury 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 a We have used up the applicable limit of insurance in the payment of judgments settlements or medical expenses or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1 If you 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. are designated in the Declarations CG 71 00 02 19 2017 The Travelers Indemnity Company. All rights reserved Page 11 of 23 includes copyrighted material of insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stock holders are also insureds but only with respect to their Illability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured Your volunteer workers only while performing duties related to the conduct of your business or your employees other than 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 dutiss related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal injury To you to your partners or members if you are a partnership or joint venture to your members if you are a imited 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 business h 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 Paragraph 1a or b above or Arising out of his or her providing or failing to provide professional health care services. Unless you are in the business or occupation of providing professional health care services Paragraphs 1 c and W above do not apply to bodily injury arising out of providing or failing to provide first aid or Good Samaritan services by any of your employees or volunteer workers other than an employed or volunteer doctor Any such employees or volunteer workers providing or failing to provide first aid or Good Samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. Property damage to property Owned occupied or used by h 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. 2 b. Any person other than our employee or volunteer worker or any organization while acting as your real estate manager. Any person or organization having propsr 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. Page 12 of 23 2017 The Travelers indemnity Company. All rights reserved. CG T1 00 02 18 Includes copyrighted material of Insurance Sarvices Office Inc. with its permission. | 1 |
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. 8. Any person or organization that with your express or Implied consent either uses or is responsible for the use of a watercraft that you do not own that is 1 50 feet long or less and 2 Not being used to carry any person or property for a charge. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and of which you are the sole owner or in which you maintain an ownership interest of more than B50 will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier h. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Section I Who Is An Insured each such organization will be deemed to be designated in the Declarations as a. An other provision is organization than a partnership joint venture or limited liability company or b. A trust as indicated in its name or the documents that govern its structure. Any person or organization that is a premises owner manager or lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured but only with respect to liability for bodily injury property damage or personal and advertising injury that COMMERCIAL GENERAL LIABILITY a. Is bodily injury or property damage that occurs or is personal and advertising injury caused by an offense that is committed subsequent to the signing of that contract or agreement and b. Arises out of the ownership maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner manager or lessor is subject to the following provisions a The limits of insurance provided to such premises owner manager or lessor will be the minimum limits that you agreed to provide in the written contract or agreement or the limits shown in the Declarations whichever are less. b. The insurance provided to premises owner manager or does not apply to 1 Any bodily injury or property damage that occurs or personal and advertising injury caused by an offense that is committed after you cease to be a tenant in that premises or such lessor 2 Structural alterations new con struction or demolition operations performed by or on behalf of such premises owner manager or lessor. Any person or organization that Is an equipment lessor and that you have agreed in a written contract or agreement to Include as an additional insured on this Coverage Part is an insured but only with respect to liability for bodily injury property damage or personal and advertising injury that a Is bodily injury or property damage that occurs or is personal and advertising injury caused by an offense that is committed subsequent to the signing of that contract or agreement and b. Is caused in whole or in part by your acts or omissions in the maintenance operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions a. The limits of insurance provided to such equipment lessor will be the minimum limits that you agreed to CG T1 00 02 19 2017 The Travelers Indemnity Company. All rights reservad Page 13 of 23 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY provide in the written contract or agreement or the limits shown in the Declarations whichever are less. b. The insurance provided to such equipment lessor does not apply to any bodily injury or property damage that occurs or personal and advertising injury caused by an offense that is committed after the equipment lease expires. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership joint venture or limited liability company that otherwise qualifies as an insured under Section l Who Is An Insured. SECTION Il 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. 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 b. Damages under Coverage A except damages because of bodily injury or property damage included in the pzjoductsw ompleted operations hazard an. Damages under Coverage B. 3. The Products Completed 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 Paragraph 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 injury and advertising injury sustained by any one person or organization 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C bodily injury and arising out of any because of all property damage one occurrence. For the purposes of determining the applicable Each Occurrence Limit all related acts or omissions committed in providing or failing to provide first aid or Good Samaritan services to any one person will be deemed to be 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 premises damage to any one premises. The Damage To Premises Rented To You Limit will be a. The amount shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part or b. 300000 if no amount is shown for the Damage To Premises Rented To You Limitin the Declarations of this Coverage Part. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage for all medical expenses because of bodily injury sustained 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. Bankruptey Bankruptcy or insolvency 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 Het oodpply o 8 dily o suLll venture or limited liability therwise qualifies as an ection Il Who Is An TS OF INSURANCE f Insurance shown in the nd the rules below fix the Il pay regardless of the de or suite brouaht or Page 14 of 23 2017 The Travelers Indemnity Company. Al rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY partnership or joint venture any of your managers who is an individual if you are a limited liability company any of your executive officers or directors if you are an organization other than a partnership joint venture or limited liability company any of your trustees who is an individual if you are a trust or any employee authorized by you to give notice of an occurrence or offense. 2 If you are a partnership joint venture limited liability company or trust and none of your partners joint venture members managers or trustees are individuals notice to us of such occurrence or offense must be given as soon as practicable only after the occurrence or offense is known by a Any individual who is i A partner or member of any parthership or joint venture i A manager of any limited liability company iii An executive officer or director of any other organization or iv A trustee of any trust that s your partner joint venture member manager or trustee or 1 Any employee authorized by such partnership joint venture limited liability company trust or other organization to give notice of an occurrence or offense 3 Notice to us of such occurrence or offense will be deemed to be glven as soon as practicable if it is given in good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us of the occurrence or offense as soon as practicable after any of the persons described in Paragraph e1 or 2 above discovers that the occurrence or offense may result in sums to which the insurance provided under this Coverage Part may apply. 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and a Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. The following provisions apply to Paragraph a. above but only for purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section Il Who Is An Insured 1 Notice to us of such occurrence or offense must be given as soon as practicable only after the occurrence or offense is known to you if you are an individual any of your partners or members who is an individual if you are a CG T1 00 02 18 2017 The Travelers Indemnity Company. All rights reserved. Page 15 of 23 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 3. However if this policy includes an endorsement that provides limited coverage for bodily injury or property damage or pollution costs arising out of a discharge release or escape of pollutants which contains a requirement that the discharge release or escape of pollutants must be reported to us within a specific number of days after its abrupt commencement this Paragraph e. does not affect that requirement. Legal Action Against Us No person or organization has a right under this Coverage Part a To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance If valid and collectible other 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 described in Paragraphs a and b. below. As used anywhere in this Coverage Part other insurance means insurance or the funding of losses that is provided by through or on behalf of i Another insurance company ii Us or any of our affiliated insurance companies except when the Non cumulation of Each Occurrence Limit provision of Paragraph 5. of Section Ml Limits Of Insurance or the Non cumulation of Personal and Advertising Injury Limit provision of Paragraph 4. of Section Hl Limits of Insurance applies because the Amendment Non Cumulation Of Each Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising Injury Limit endorsement is included in this policy iii Any risk retention group or iv Any self insurance method or program in which case the insured will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance or excess Insurance that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. As used anywhere in this Coverage Part other insurer means a provider of other insurance. As used in Paragraph c. below insurer means a provider of insurance. a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this Insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph. below except when Paragraph d. below applies. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work il That is insurance for premises damage iii 1f the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to any exclusion in this Coverage Part that applies to aircraft autos or watercraft iv That is insurance available to a premises owner or lessor that as an insured under Paragraph 4. of Section Il Who Is An Insured except when Paragraph d. below applies or That is insurance available to an equipment lessor that qualifies as an insured under Paragraph 5. of Section v Page 16 of 23 2017 The Travelers Indemnity Company. All rights reserved. G T1 00 02 19 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
I Who Is An Insured except when Paragraph d. below applies. Any of the other Insurance whether primary excess contingent or on any other basis that is available to the insured when the insured is an additional insured or is any other insured that does not qualify as a named insured under such other insurance. 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. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none f the loss remains whichever comes irst If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. COMMERCIAL GENERAL LIABILITY Primary And Mon Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis or a primary and non contributory basis this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured and we will not share with that other insurance provided that 1 The bodily injury or property damage for which coverage is sought occurs and 2 The personal and advertising injury for which coverage is sought is caused by an offense that Is committed subsequent to the signing of that contract or agreement by you 5. Premium Audit a We will compute all premiums for this Coverage Part in accordance with our rules and rates. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. The first Named Insured must records of the information we need for premium computation and send us copies at such times as we may request. keep 6. Representations By accepting this policy you agree The statements in the Declarations are accurate and complete Those statements are based upon representations you made to us and We have issued this policy in reliance upon your representations. eds the all such pay for e of this ctible and under all ning loss insurance in this sion and ically to e Limits in the rage Part. e permlts CG T1 00 02 19 2017 The Travelers Indemnity Company. All rights reserved. Page 17 of 23 Includes copyrighted materlal of Insurance Services Offics Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 8 The unintentional omission of or unintentional error in any Iinformation provided by you which we relied upon in issuing this pollcy will not prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. Separation Of Insureds Except with respect Insurance and any specifically assigned in Part to the first Named insurance applies to the Limits of rights or duties this Coverage Insured this a As if each Named Insured were the only Named Insured and h. Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 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. Recovery Against SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2 Advertising injury a. Means injury caused by one or more of the following offenses 1 Oral or written publication including publication by electronic means of material in your advertisement that slanders or libels a person or organization or disparages a person s or organ ization s goods products or services provided that the claim is made or the suit is brought by a person or organization that claims to have been slandered or libeled or that claims to have had its goods products or services disparaged 2 Oral or written publication including publication by electronic means of material in your advertisement that a Appropriates a person s name voice photograph or likeness or Unreasonably places a person in a false light or 3 Infrmgemsnt of copyright title or slogan in you advertisement provided that the claim is made or the suit is brought by a person or organization that claims ownership of such copyright title or slogan. b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above 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 where it is licensed or principally garaged. However auto does mobile equipment. Bodily injury rneans not include a Physical harm including sickness or disease sustained by a person or b. Mental anguish injury or illness or emotional distress resulting at any time from such physical harm sickness or disease. e relied upon in vicdal not prejudice of th this insurance. 1 c does not affect i itional premium n of cancellation cordance with T or regulations. the Limits of jhts or duties this Coverage d Insured this 1sured were the nd insured against e or suit is B Recovery Against fa to recover all we have made rt those rights e insured must 3 I impair them. At 0 will bring suit to us and help b 0 0 w this Cgverage iver to the first the Declarations b Lncgu nonrenewal not ce that is e general ents about es for the omers or of this Page 18 of 23 2017 The Travelers Indemnity Company. All rights reserved. CG 71 00 02 19 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
Broadcasting means transmitting any audio or visual material for any purpose h. By radio or television or In. by or with any other electronic means of communication such as the Internet if that material is part of 1 Radio or television programming being transmitted 2 Other entertainment educational instructional music or news programming being transmitted or 3 Advertising transmitted with any of such programming. Coverage territory means provided the The United States of America including its territories and possessions Puerto Rico and Canada International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication 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. Electronic facts data programs means stored information or as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives calls other data processing devices or any media which are used with electronically controlled equipment. Employee includes a leased worker Employee does not include a temporary worker. 10. 11 12 13. Executive holding created by your bylaws or COMMERCIAL GENERAL LIABILITY officer means a any of the officer charter any other person positions constitution similar governing document. Good Samaritan services means any emergency medical services for which no compensation is demanded or received. Hostile becomes uncontrollable or fire means a fire which breaks out from where it was intended to be. Impaired property property means tangible other than your product or your work that can not be used or is less useful because if It incorporates your product or your work that Is known or thought to be defective deficient inadequate or dangerous or You have failed to fulfill of a contract or agreement such property can be restored to use the terms by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. Insured contract means a A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for premises damage is not an insured contract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within B0 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement 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 property damage or personal injury 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 f America ries and and Canada irspace but age occurs travel or any places ove or jorld if the y o CG T1 00 02 19 2017 The Travelers Indemnity Company. All rights reserved. Page 19 of 23 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY Paragraph f. does not include that 16.Mobile equipment means any of the part of any contract or agreement following types of land vehicles 1 That indemnifies a railroad for including any attached machinery or i niury equipment bodily injury or property damage arising out of con a Bulldozers farm machinery forklifts struction or demolition operations and other vehicles designed for use within B0 feet of any railroad principally off public roads property and affecting any railroad. o bridge or trestle tracks roadbeds k. Vehicles maintained for use solely on funnel underpass or crossing or next to premises you own or rent 2 That indemnifies an architect. Vehicles that travel on crawler treads ggief orsurveyor for injury or d. Vehicles whether self propelled or amage arising out of not maintained primarily to provide a Proparing approving or failing mobility to permanently mounted to prepare or approve maps 1 Power cranes shovels loaders shop drawings opinions diggers or drills or reports surveys field orders N change orders or drawings and 2 Road construction or resurfacing specifications or equipment such as graders i. scrapers or rollers b Giving directions or instructions P or failing to give them if that e. Vehicles not described in Paragraph is the primary cause of the a. b c. or d. above that are not self injury or damage or propelleddand arglmaintalned primarily N.. to provide mobility to permanently 3 Under which the insured if an attached equipment of the following architect engineer or surveyor types assumes Ilabrlwty for an injury or damage arising out of the 1 Air compressors pumps and insured s rendering or failure to generators including spraying render professional services welding building cleaning geo including those listed in Paragraph physical exploration lighting and above and supervisory well servicing equipment or inspection architectural or 2 Ch imi Y PR erry pickers and similar devices englneering activities. used to raise or lower workers 14. Leased worker means a person leased f. Vehicles not described in Paragraph to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to a b or d above maintained prlmany for purposes other than the the conduct of your business. Leased transportation of persons or cargo. worker does not include a temporary Howaever self propelied vehicles with worker. the following types of permanently i 15.Loading or unloading means the ettached qmpmeng are not mobe i. equipment but will be considered handling of property autos a. After it Is moved from the place. where it is accepted for movevlen 1 Equipment designed primarily for irtftol onto an aircraft watercraft or Snow removal I. h Road maintenance but not b. While it is in or on an aircraft construction or resurfacing or watercraft or auto or Street cleaning. While it is being moved from an el ingi aircraft watercraft or auto to the 2 Cherry pickers and similar devices place where it is finally delivered mounted on automobile or truck. chassis and used to raise or lower but loading or unloading does not workers and include the movement of property by means of a mechanical device other 3 Air compressors pumps and than a hand truck that is not attached to generators inciuding spraying the aircraft watercraft or auto welding building cleaning geo physical exploration lighting and well servicing equipment. Page 20 of 23 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
However mobile equipment does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Such land vehicles are considered autos. 17. Occurrence means a. An accident including continuous or repeated exposure to substantially the same general harmful conditions or b. An act or omission committed in providing or failing to provide first aid or Good Samaritan services to a person unless you are in the business or occupation of providing professional health care services. 18. Personal and advertising injury means personal injury or advertising injury. 19. Personal Injury a. Means injury other than advertising injury caused by one or more of the following offenses 1 False arrest imprisonment 2 Malicious prosecution 3 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 provided that the wrongful eviction wrongful entry or Invasion of the right of private occupancy is committed by or on behalf of the owner landlord or lessor of that room dwelling or premises 4 Oral or written publication including publication by electronic means of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services provided that the claim is made or the suit is brought by a person or organization that claims to have been slandered or libeled or that claims to have had its goods products or services disparaged or 5 Oral or written publication including publication by electronic means of material that detention or a Appropriates a person s name voice photograph or likeness or COMMERCIAL GENERAL LIABILITY 8 Unreasonably places a person in a false light. h. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. 20. 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. 21. Premises damage means a. With respect to the first paragraph of the exceptions in Exclusion j of Section Coverage A Bodily Injury And Property Damage Liability property damage to any premises while rented to you for a period of seven or fewer consecutive days including the contents of such premises or b. With respect to the exception to Exclusions c. through n. in the last paragraph of Paragraph 2. of Section 1 Coverage A Bodily Injury And Property Damage Liability property damage to any premises while rented to you for a period of more than seven consecutive days or while temporarily occupied by you with permission of the owner caused by 1 Fire 2 Explosion 3 Lightning 4 Smoke resulting from fire explosion or lightning or 5 water. But premises damage under this Paragraph b does not include property damage to any premises caused by 1 Rupture bursting or operation of pressure relief devices 2 Rupture or bursting due to expansion or swelling of the contents of any building or structure caused by or resulting from water or 3 Explosion of steam boilers steam pipes steam engines or steam turbines. 22 Products completed operations hazard a Includes all bodily injury and property damage occurring away from premises you own or rent and rvices to re in the providing vices. ry means g injury. advertising r more of ntion or on from invasion of cupancy of mises that vided that wrongful e right of committed the owner that room publication electronic it slanders rganization rson s or roducts or the claim is brought zation that andered or o have had r services publication electronic CG T1 00 02 19 2017 The Travelers Indsmnity Company. All rights reserved. Page 21 of 23 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 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. e 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 The existence of tools uninstalled aequipment 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. 23. Property damage means a Physical injury to tangible property including all resuiting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use will be deemed to occur at the 2 3 time of the occurrence that caused it For the purposes of this insurance electronic data is not tangible property. 24 Slogan a Means a phrase that others use for the purpose of attracting attention in their advertising. h. Does not Include a phrase used as or in the name of 1 Any person or organization other than you or 2 Any business or any of the premises goods products services or work of any person or organization other than you. 25 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. 26. 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. 27.Title means a name of a literary or artistic work. 28. Unsolicited communication means any communication in any form that the recipient of such communication did not specifically request to receive. 29. 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. 30. Your product a Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by products re subject e Limit. Page 22 of 23 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
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. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability perfor mance or use of your product and 2 The providing of or failure to provide warnings or instructions. Does not include vending machines or other property rented to or located for the use of others but not sold. COMMERCIAL GENERAL LIABILITY 31. Your work a. Means yl Work or operations performed by you or on your behalf and Materials parts or equipment furnished in connection with such work or operations b includes m Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and The providing of or failure to provide warnings or instructions. CG T1 00 02 19 2017 The Travelers Indemnity Company. All rights reserved. Page 23 of 23 Includes copyrighted material of Insurance Services Offfce Inc. with its permission. | 1 |
Various provisions COMMERCIAL GENERAL LIABILITY EMPLOYEE BENEFITS LIABILITY COVERAGE FORM THIS FORM PROVIDES CLAIVIS MADE COVERAGE. PLEASE READ THE ENTIRE FORM CAREFULLY. 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 The word insured means any person or organization qualifying as such under Section Il Who s An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VI Definitions. SECTION EMPLOYEE BENEFITS LIABILITY COVERAGE 1. insuring Agreement CG T1 01 01 16 a We will pay those sums that the insured becomes legally obligated to pay as damages because of loss 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 loss to which this insurance does not apply. We may at our discretion investigate any negligent act error or omission and settle any claim or suit that may result But 1 The amount we will pay for damages is limited as described in Section Wl Limits Of Insurance and Our right and duty to defend ends when we have used up. the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. This Insurance applies to loss only if 1 The loss is caused by a negligent act error or omission committed by the insured or by any other person for whose acts the insured is legally liable in the administration of your employee benefit program 2 The negligent act error or omission is committed in the coverage territory 2 2016 The Travelers Indemnity Company. All rights reserved. refer to the company providing this insurance. 3 The negligent act error or omission was committed on or after the Retroactive Date if any shown in the Declarations of this Coverage Part and before the end of the policy period and A claim or suit for damages because of the loss is first made or brought against any insured in accordance with Paragraph e below during the policy period or any Extended Reporting Period we provide under Section VI Extended Reporting Periods. Each negligent act error or omission in a series of related negligent acts errors or omissions will be deemed to have been committed on the date the first such negligent act error or omission in that series is committed. If the Retroactive Date is left blank in the Declarations of this Coverage Part the Retroactive Date will be deemed to he the first day of the policy period. A claim or suit seeking damages will be deemed to have been first made or brought at the earlier of the following times 1 When we or any insured first receives written notice of such claim or suit whichever comes first or 2 When we first receive written notice from any insured of a specific negligent act error or omission that caused the loss which resulted in such claim or suit. All claims or suits that seek damages because of loss sustained by any one employee including the employee s dependents and Page 1 of 9 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
COMMERCIAL GENERAL LIABILITY beneficiaries will be deemed to have been first made or brought at the time the first of those claims or sults is made or brought against any insured. A claim or suit that seeks damages will be deemed to have been first made or brought at the time we receive written notice from any insured of a specific negligent act error or omission only if that notice contains all of the following information 1 How when and where the negligent act was committed error or omission 2 A description of what happened 3 A description of what damages may result 4 The identity of the person or organization that may make a claim or bring a suit and 5 The identity of each insured that committed the negligent act error or omission. Notice to us that any insured may in the future receive written notice of a negligent act error or omission claim or suit is not notice of a specific negligent act error or omission. 2 Exclusions This insurance does not apply to Page Criminal Dishonest Fraudulent Or Malicious Acts Loss arising out of any criminal dishonest fraudulent or malicious act error or omission committed by any Insured including the willful or reckless violation of any law or regulation. Injury Or Damage Bodily injury property damage personal injury or advertising injury. Failure To Perform A Contract Loss arising out of performance of insurer. Insufficiency Of Funds Loss arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program. Inadequacy Of Performance Of Investment Or Advice Given With Respect To Participation 20of 9 failure of contract by any 2016 The Travelers Indemnity Company. All rights reserved. Any claim or suit based upon 1 Failure of any perform investment to 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. Workers Compensation And Similar Laws Loss arising out of your failure to comply with the mandatory prov isions of any workers compensation unemployment compensation insur ance social security or disability benefits law or any similar law. ERISA Loss for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as amended or by any similar federal state or local laws. Available Benefits Loss of benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance. Taxes Fines Or Penalties 1 Any taxes fines or penalties including those imposed under any provision of the Internal Revenue Code of 1986 as amended or any similar state or local law or 2 Any loss cost or expense arising out of the imposition of such taxes fines or penalties. Employment Related Practices Loss to 1 A person arising out of any a Refusal to employ that person B Termination of that person s employment or Employment related practice or policy such as coercion demotion reassignment dis cipline failure to promote or advance harassment humili ation discrimination libel slander violation of the person s right of privacy malicious prosecution or false arrest detention or imprison CG T1 01 01 16 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
ment applied to or directed at that person regardless of whether such practice or policy occurs is applied or s committed before during or after the time of that person s employment or 2 The spouse child parent brother or sister of that person as a consequence of loss to that person at whom any of the employment related practices or policies described In Paragraphs a b or c above is directed. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the loss. Access Or Disclosure Of Confidential Or Personal Information Loss arising out of any access or disclosure of any person s or organization s confidential or personal information. 3. Supplementary Payments We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b. CG T1 01 01 16 All expenses we incur. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to B00 a day because of time off from work. All costs taxed against the insured in the suit. Pre judgment interest awarded against the insured on that part of the judgment we pay. If we made an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is COMMERCIAL GENERAL LIABILITY yvithin the applicable limit of insurance. These payments will not reduce the limits of insurance. SECTION I WHO IS AN INSURED 1. If you are designated in the Declarations as An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited fiability company you are an insured. Your executive officers and directors are also insureds but only with respect to their liability as your officers or directors. Your stock holders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also Insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured a 2016 The Travelers Indemnity Company. All rights reserved. Each of 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 lability company who is or was authorized to administer your emplioyee benefit program. Any person or organization having proper temporary authorization to administer your employee benefit program if you die but only until your legal representative is appointed. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. Page 3 of 9 Includes copyrighted material of insurance Services Office Inc. with its permission at person as foss to that m any of the ed practices or d in Paragraphs e is directed. red may be liable or in any other ation to share r repay someone t pay damages S8 0f Confidential Or f any access or y person s or ential or personal ect to any claim le or any suit efend ur. nds to release only for bond C. N | 2 |
COMMERCIAL GENERAL LIABILITY 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 nsured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage under this provision does not apply to any negligent act error or omission that was 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 as a Named Insured in the Declarations. This paragraph does not apply to any such partnership joint venture or limited liability company that otherwise qualifies as an insured under Section Il Who Is An Insured. SECTION Il LIMITS OF INSURANCE 1. Page 4 of 9 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. Persons or organizations claims or bringing suits d. Acts errors or omissions or making e Benefits included in your employee benefit program. The Aggregate Limit is the most we will pay for all damages because of all negligent acts errors or omissions committed in the administration of your employee benefit program. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries because of all negligent acts errors or omissions committed in the administration of your employee benefit program The Limits of Insurance of this Coverage Part apply separately to each con secutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations uniess 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 DEDUCTIBLE 1. The Deductible shown in the Declarations and the rules below fix the amount of damages incurred by or on behalf of you or any insured that you will be responsible for paying regardiess of the number of a Insureds b. Claims made or suits brought t. Persons or organizations making claims or bringing suits d. Acts errors or omissions or e. Benefits included in your employee benefit program. If no amount is shown for the Deductible in the Declarations the Deductible does not apply to this Coverage Part. 2. The Deductible applies to all damages sustained by any one employee including damages sustained by such employee s dependents and bene ficiaries because of all negligent acts errors or omissions committed in the administration of your employee benefit program. 3. The Limits of Insurance will not be reduced by the amount of damages within the deductible amount. 4. The terms of this policy including those with respect to a. Our right and duty with respect to the defense of suits and b. Your duties in the event of an act arror or omission claim or suit apply irrespective of the application of the deductible amount. 5. If we settle a claim or suit for damages or pay a judgment for damages awarded in a suit that are subject to a deductible we may pay any part or all of the deductible amount. You will promptly reimburse us for such part of the deductible amount as we have paid. SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not 2016 The Travelers Indemnity Company. All rights reserved. CG T1 01 01 16 Includes copyrighted material of Insurance Services Office Inc. with its permission b THieME TR R e e R nd the rules below fix the Il pay regardless of the de or suite brouaht | 2 |
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