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relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Act Error Or Omission Claim Or Suit CG T1 01 01 16 You must see to it that we are notified as soon as practicable of an act error or omission which may result in a claim. To the extent possible notice should include 1 What the act error or omission wads and when it was committed an 2 The names and addresses of any employees who may suffer loss caused by the act error or omission. If a claim is made or suit is brought by 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 lagal papers received in connection with the claim or a suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of loss 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 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 2016 The Travelers Indemnity Company. All rights reserved. COMMERCIAL GENERAL LIABILITY 1 Notice to us of such act error or omission must be given as soon as practicable only after the act error or omission is known to you if you are an indlvidual any of your partners or members who is an individual if you are a 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 s an individual if you are a trust or any employee authorized by you to give notice of an act error or omission. 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 act error or omission must be given as soon as practicable only after the act error or omission is known by a Any individual who is il A lawfully elected or appointed official executive officer or director of any public entity i A partner or member of any partnership or joint venture iii A manager of any limited liability company iv An executive officer or director of any other organization or V A trustee of any trust that is your partner joint venture member manager or trustee or Any employee authorized by such partnership joint venture limited liability company trust or other organization to give notice of an act error or omission. 3. Legal Action Against Us No person or organization has a right under this Coverage Part To join us as a party or otherwise bring us into a suit asking for damages from an insured or Page 5 of 9 Includes copyrighted material of Insurance Services Office Inc. with its permission uschilusrage Part toryou o red listed in Paragraph 1. or ction Il Who Is An Insured | 2 |
COMMERCIAL GENERAL LIABILITY Page 6 of 9 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 valld and collectible other insurance is available to the insured for a loss we cover under 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 Another insurance company i Us or any of our affiliated insurance companies 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 umbreila insurance or excess insurance that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations. As used anywhere in this Coverage Part other insurer means a provider of other insurance. As used in Paragraph b. below insurer means a provider of insurance. a. Primary Insurance This insurance is primary. If any of the other insurance is also primary we will share with all that other insurance by the method described in Paragraph b. below. b. 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 not permit insurance does contribution by equal 5. 2018 The Travelers Indemnity Company. All rights reserved 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. Premium Audit a We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium s 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 information we need for premium computation and send us copies at such times as we may request Representations By accepting this policy you agree a The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and. We have issued this policy in reliance upon your representations. The unintentional omission of or unintentional error in any information provided by you which we relied upon in issuing this policy 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 renewal in accordance with applicable insurance laws or regulations 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 h. Separately to each whom claim brought. insured against is made or suit is CG T1 01 01 16 Includes copyrighted material of Insurance Services Office Inc. with its parmission at are In excess of t of insurance. An means a settlement ty signed by us the claimant or the sentative le other insurance is ured for a loss we Coverage Part our ted as described in below. 1 this Coverage Part ns insurance or the that is provided by of company r affiliated insurance 1 droup or case the Insured be the provider of loes not include rexcess insurance cifically to apply in of Insurance shown this Coverage Part a provider of other Paragraph b. below ider of insurance. pnmary If any of ce is also primary hat other | 2 |
10. Transfer 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 dass than 30 days before the expiration ate. If notice is mailed proof of mailing will be sufficient proof of notice. Cancellation Nonrenewal And Renewal Conditions Applicahle To Commercial General Liahility Coverage Part All conditions relating to cancellation nonrenewal or renewal that are included in any endorsement applicable to the Commercial General Liability Coverage Part attached to this policy also apply to this Coverage Part. Rights Of Recovery Against SECTION Vi EXTENDED REPORTING PERIODS 1. CG We will provide one or more Extended Reporting Periods as described below if a. This Coverage Part is cancelled or not renewed for any reason or b. We renew or replace this Coverage Part with insurance that has a Retroactive Date later than the date shown in the Declarations. The Extended Reporting Periods do not extend the policy period or change the scope of coverage provided They only apply to claims or sults for loss caused by a negligent act error or omission committed on or after the Retroactive Date shown in the Declarations and before the end of the policy period. Once in effect Extended Periods may not be canceled. A Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the policy period and lasts for 90 days. The Basic Extended Reporting Period does not apply to claims or suits for Reporting COMMERCIAL GENERAL LIABILITY xhaustlon of its applicable limit of insurance. The Basic Extended Reporting Period does not reinstate or increase the limits of insurance. A Supplemental Extended Reporting Period is available but only by an endorsement and for an extra charge. This supplemental period starts with the end of the policy period and lasts for three years or an unlimited period of time as set forth in the Supplemental Extended Reporting Period Endorsement. This supplemental period replaces the Basic Extended Reporting Period. This Supplemental Extended Reporting Period will not go into effect unless we receive all of the following within 90 days after the end of the policy period and you have fulfilled all other duties and complied with all other conditions and requirements under this policy a A written request purchase the Supplemental Reporting Period b. Full payment of the earned premium for this policy. Payment of the additional premium for the Supplemental Extended Reporting Period Endorsement and d. Repayment of any deductible you owe us under this Coverage Part. We will determine the additional premium for that endorsement in accordance with our rules and rates. The additional premium for the Supplemental Extended Reporting Period Endorsement from you to Extended will not exceed 200 of the annual premium for this policy. This endorsement will set forth the terms not inconsistent with this Section VI Extended Reporting Periods applicable to the Supplemental Extended Reporting Period including a provision to the effect that the insurance afforded for claims or suits first made or brought against any insured during such period is excess over any valid and collectible other insurance available under insurance in force after the Supplemental Extended Reporting Period starts. The Supplemental Extended Reporting Period does not reinstate or increase the limits of insurance. SECTION VIl DEFINITIONS Administration means loss covered under subsequent insurance a. Providing information to you purchase or that would be covered amployees including their under such insurance but for the dependents and beneficiaries with T 01 01 16 2016 The Travelers Indemnity Company. All rights reserved. Page 7 of 9 Includes copyrighted material of Insurance Services Office Inc. with its permission to us and help w this Coverage iver to the first the Declarations nonrenewal not e the expiration of mailing will tice. And Renewal ymmercial General S 0000 U WMt 0O 0 to cancellation hat are included plicable to the k. bility Coverage sy also apply to TING PERIODS more Extended cribed below if is cancelled or W eason or p this Coverage that has a E than the date ons. p Periods do not T or change the t ided They only v uits for loss a act error or Rl or after the 1 own in the the end of the a e ided Reporting led. l rting Period is ithout additional h the end | 2 |
COMMERCIAL GENERAL LIABILITY Page 8 of 9 respect to eligibility for or scope of the employee benefit program B Handling records in connection with the employee benefit program or. Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. 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. Advertising injury a. Means injury other than injury caused by one or 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 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 Qral or written publication Including publication by electronic means of material in your advertisement that personal more of 2 a Appropriates a person s name voice photograph or likeness or Unreasonably places a person in a false light or Infringement of copyright title or slogan in your advertisement provided that the claim is made or the suit is brought by a person or organization that claims ownership 3 2018 The Travelers Indemnity Company. All rights reserved. of such copyright title or slogan b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. Bodily injury a. Means any harm including sickness or disease to the health of a person. b. Includes mental anguish injury or iliness or emotional distress Cafeteria plan means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. Coverage territory means the United States of America including its territories and possessions Puerto Rico or Canada provided that the insured s responsibility to pay damages s determined In a suit on the merits in the United States of America including its territories and possessions Puerto Rico or Canada or in a settlement we agree to Employee means a person actively employed formerly employed on leave of absence or disabled or retired Employee includes a leased worker. Employes does not include a temporary worker. Employee benefit program a. Means a program providing some or all of the following benefits to your employees whether provided through a cafeteria plan or otherwise 1 Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than your employee may subscribe to such benefits and such benefits are made generally available to all of those employees who satisfy the plan s eligibility requirements 2 Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than your employee may subscribe to such benefits and such benefits are made generally avallable to all of those employees who are eligible under the plan for such benefits CG T1 01 01 16 Includes copyrighted material of Insurance Services Office Inc. with its permission er than personal one or more of | 2 |
9. Executive holding created by your 3 Unemployment insurance social security benefits workers compensation and disability benefits 4 Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans trans portation and health club subsidies and 5 Any other similar benefits designated in the Declarations or added thereto by endorsement. Does not include any benefit plan or program described in Paragraph a. above that is self insured. officer means a person the officer positions charter constitution any of bylaws or any other similar governing document. 10. 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. 11. Personal injury 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 Oral or written publication including publication by slectronic means of materlal 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 detention or COMMERCIAL GENERAL LIABILITY 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 a Appropriates a person s name voice photograph or likeness or Unreasonably places a person in a false light. includes bodily injury caused by one or more of the offenses described in Paragraph a. above. 12 Property damage means a Physical injury to tangible property including all resulting loss of use of that property or Loss of use of tangible property that is not physically injured. 13. Slogan a Means a phrase that others use for the purpose of attracting attention in their advertising. 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. 14. Suit means a civil proceeding in which damages because of loss 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 submits with our consent or b Any other alternative dispute resolution proceeding in which such damages are claimed and to which 15. Temporary worker the insured submits with our consent. means a person who is furhished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 16. Title means a name of a literary or artistic work. form duties related to ur business. Leased include a temporary ther than advertising by one or more of fenses st detention or yeacution CG T1 01 01 16 2016 The Travelers Indemnity Company. All rights reserved. Page 9 of 9 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDVMENT OF COVERAGE B LIMITED PERSONAL AND ADVERTISING INJURY LIABILITY TECHNOLOGY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1 The following replaces the definition of advertising injury in the DEFINITIONS Section Advertising injury a. Means injury caused by the infringement of copyright title or slogan in your 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 the offense described in Paragraph a above The following replaces the definition of personal injury in the DEFINITIONS Section Personal injury a Means injury caused by one or more of the following offenses 1 False arrest Imprisonment 2 Malicious prosecution or 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. b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. detention or 3. 4 The following replaces Exclusion Material Published Or Used Prior To Policy Period in Paragraph 2 of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY. Material Used Prior To Policy Period 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. The following replaces Exclusion I Intellectual Property in Paragraph 2. of SECTION 1 COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY i. Intellectual Property Personal injury arising out of any actual or alleged infringement or violation of any of the following rights or laws or any other personal injury alleged in any claim or suit that also alleges any such infringe ment or violation 1 Copyright 2 Patent 3 Trade dress 4 Trade name 5 Trademark 6 Trade secret or 7 Other inteliectual property rights or laws. This exclusion does not apply to personal injury alleged in any claim or suit that also alleges advertising injury. s the definition of in the DEFINITIONS caused by the opyright title or advertisement claim is made or jht by a person or laims ownership of CG D4 37 02 19 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY 5. Exclusion j. Insureds In Media And internet Type Businesses in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is deleted 6. Exclusion k. Electronic Chatrooms Or Bulletin Boards in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL QNID ADVERTISING INJURY LIABILITY s eleted. Page 2 of 2 2017 The Travelers Indemnity Company. All rights reserved. CG D4 37 02 18 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT NON CUMULATION OF EACH OCCURRENCE LIMIT OF LIABILITY AND NON CUMULATION OF PERSONAL AND ADVERTISING INJURY LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph of SECTION Il LIMITS OF INSURANCE is amended to include the following Non cumulation of Each Occurrence Limit If one occurrence causes bodily in jury andlor property damage during the policy period and during the policy period of one or more prior andlor future policies that include a commercial gen eral liability coverage part for the in sured Issued by us or any affiliated in surance company the amount we will pay is limited. This policy s Each Occur rence Limit will be reduced by the amount of each payment made by us and any affiliated insurance company under the other policies because of such oc currence Paragraph 4 of SECTION Il LIMITS OF INSURANCE is amended to include the following Non cumulation of Personal and Advertis ing Limit If persona injury andor advertising injury is sustained by any one person or organization during the policy perlod and during the policy pe riod of one or more prior andfor future policies that include a commercial gen eral liability coverage part for the in sured issued by us or any affiliated in surance company the amount we will pay is limited. This policy s Personal In jury and Advertising Injury Limit will be reduced by the amount of each payment made by us and any affiliated insurance company under the other policies because of such personal injury andfor adver tising injury. CG D2 03 12 97 1997 The Travelers Indemnity Company. Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR TECHNOLOGY This endorsement modifies insurance provided under the foflowing COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However coverage for any injury damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights duties and what is and is not covered. A. Non Owned Watercraft 75 Feet Long Or Less B. Who Is An Insured Unnamed Subsidiaries C. Who Is An Insured Employees Supervisory Positions D. Who Is An Insured Newly Acquired Or Formed Limited Liability Companies E. Who Is An Insured Liability For Conduct Of Unnamed Partnerships Or Joint Ventures F. Blanket Additional Insured Persons Or Organizations For Your Ongoing Operations As Required By Written Contract Or Agreement G. Blanket Additional Insured Broad Form Vendors PROVISIONS A. NON OWNED WATERCRAFT 75 FEET CG D417 02 18 LONG OR LESS 1. The following replaces Paragraph 2 of Exclusion g. Aircraft Auto Or Watercraft in Paragraph 2. of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2 A watercraft you do not own that is 75 feet long or less and b Not being used to carry any person or property for a charge 2. The following replaces Paragraph 2.e. of SECTION I WHO 1S AN INSURED e. Any person or organization that with your express or implied H e2 Er B. Blanket Additional Insured Controlling Interest Blanket Additional Insured Mortgagees Assignees Successors Or Receivers Blanket Additional Insured Governmental Entities Permits Or Authorizations Relating To Premises Blanket Additional Insured Governmental Entities Permits Or Authorizations Relating To Operations Medical Payments Increased Limit. Blanket Waiver Of Subrogation Contractual Liability Railroads Damage To Premises Rented To You consent either uses or is responsible for the wuse of a watercraft that you do not own that is 1 75 feet long or less and 2 Not being used to carry any person or property for a charge. WHO IS AN INSURED UNNAMED SUBSIDIARIES The following is added to SECTION Il WHO IS AN INSURED Any of your subsidiaries other than a partnership or joint venture that is not shown as a Named Insured in the Declarations is a Named Insured if a. You are the sole owner of or maintain an ownership interest of more than 50 in such subsidiary on the first day of the policy period and 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 5 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for bodily injury or property damage that occurred or personal and advertising injury caused by an offense committed a. Before you maintained an ownership interest of more than 50 in such subsidiary or b. After the date if any during the policy period that you no longer maintain an ownership Interest of more than 50 in such subsidiary. For purposes of Paragraph 1. of Section Il Who s An Insured each such subsidiary will be deemed to be designated in the Declarations as a. A limited liability company b. An organization other than a partnership joint venture or limited liability company or A trust as indicated in its name or the documents that govern its structure. C. WHO IS AN INSURED EMPLOVEES SUPERVISORY POSITIONS The following is added to Paragraph 2a1 of SECTION 1l WHO IS AN INSURED Paragraphs 1a. and c above do not apply to bodily injury to a co employee while in the course of the coemployee s employment by you arising out of work by any of your employees who hold a supervisory position D. WHO IS AN INSURED NEWLY ACQUIRED OR FORMED LUVITED LIABILITY COMPANIES The following replaces Paragraph 3. of SECTION I WHO iS AN INSURED 3. Any organization you newly acquire or form other than a partnership or joint venture and of which you are the sole owner or in which you maintain an ownership interest of more than 50 will qualify as a Named Insured if there is no other simlilar insurance available to that organization. However a Coverage under this provision is afforded only 1 Untit the 180th day after you acquire or form the organization or the end of Page 2 of 5 2017 The Travelers Indemnity Company. All rights reserved. the policy period whichever is earlier if you do not report such organization in writing to us within 180 days after you acquire or form it or Until the end of the policy period when that date is later than 180 days after you acquire or form such organization if you report such organization in writing to us within 180 days after you acquire or form it b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organ ization and 2 c. 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 Il Who Is An Insured each such organization will be deemed to be designated in the Declarations as a A limited liability company b. An organization other than a partnership joint venture or limited liability company or C. A trust as indicated in its name or the documents that govern its structure. E WHO IS AN INSURED LIABILITY FOR CONDUCT OF UNNAMED PARTNERSHIPS OR JOINT VENTURES The foliowing replaces the last paragraph of SECTION Il WHO IS AN INSURED No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership or joint venture that otherwise qualifies as an insured under Section Il Who Is An Insured. BLANKET ADDITIONAL INSURED PERSONS OR ORGANIZATIONS FOR YOUR ONGOING OPERATIONS AS REQUIRED BY WRITTEN CONTRACT OR AGREEMIENT The following is added to SECTION I WHO 1S AN INSURED Any person or organization that is not otherwise an insured under this Coverage Part and that you have agreed in a written CG D4 17 02 19 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
CG D4 17 02 19 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 or property damage that a. Occurs 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 performance of your ongoing operations to which that contract or agreement applies or the acts or omissions of any person or organization performing such operations on your behalf. The limits of insurance provided to such insured 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. BLANKET ADDITIONAL INSURED FORM VENDORS The following is added to SECTION 1l WHO IS AN INSURED Any person or organization that is a vendor 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 or property damage that a. Occurs subsequent to the signing of that contract or agreement and h. Arises put of your products that are distributed or sold in the regular course of such vendor s business. The insurance provided to such vendor is subject to the following provisions a. The limits of insurance provided to such vendor will be the minimum limits that you agreed to provide in the written contract or agreement BROAD or the limits shown In the Declarations whichever are less. b. The insurance provided to such vendor does not apply to 1 Any express warranty not authorized by you or any distribution or sale for a purpose not authorized by you 2 Any change in your products made by such vendor 3 Repackaging unless unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the COMMERCIAL GENERAL LIABILITY manufacturer and then repackaged in the original container 4 Any fallure to inspections servicing as perform or make such adjustments tests or vendors agree to normally undertake to perform in the regular course of business in connection with the distribution or sale of your products Demonstration installation servicing or repair operations except such operations performed at such vendor s premises in connection with the sale of your products or 8 Your products that 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 on behalf of such vendor. Coverage under this provision does not apply to Any person or organization from whom you have acquired your products or any ingredient part or container entering into accompanying or containing such products or Any vendor for which coverage as an 5 after additional insured specifically is scheduled by endorsement. BLANKET ADDITIONAL INSURED CONTROLLING INTEREST 1. The following is added to SECTION Il 2017 The Travelers Indemnity Company. All rights reserved. WHO IS AN INSURED organization that has financial control of you is an Insured with respect to liability for bodily injury property damage or personal and advertising injury that arises out oft a. Such financial control or b. Such person s or organization s ownership maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural alterations new construction or demolition operations performed by or on behalf of such person or organization. The following is added to Paragraph 4. of SECTION 1l WHO IS AN INSURED This paragraph does not apply to any premises owner manager or lessor that has financial control of you. Any parson or Page 3 of 5 Includes copyrighted material of Insurance Services Offlce Inc. with Its permission. 1. The following is added WHO IS AN INSURED Any parson or organiz financial control of yot ith respect to liabili injury property damag argd advertising injury of a. Such financial contro b. Such person s or ownership maintenal premises leased to you. The insurance provided or organization does structural alterations ne or demolition operation or on behalf of su organization. The following is added of SECTION Il WHO IS This paragraph does no premises owner manage has financial control of | 2 |
COMMERCIAL GENERAL LIABILITY I BLANKET ADDITIONAL INSURED MORTGAGEES ASSIGNEES SUCCESSORS OR RECEIVERS The following is added to SECTION If WHO 1S AN INSURED Any person or organization that is a mortgagee assignee successor or receiver 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 its liability as mortgagee assignee successor or recelver for bodily Injury property damage or personal and advertising injury that a Is bodily injury or property damage that oceurs 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 the premises for which that mortgagee assignee successor or receiver Is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee assignee successor or receiver is subject to the following provisions a. The limits of insurance provided to such mortgagee assignee successor or receiver 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 h. The insurance provided to such person or organization does not apply to 1 Any bodily injury or property damage that occurs or any personal and advertising injury caused by an offense that Is committed after such contract or agreement is no longer in effect or 2 Any bodily injury property damage or personal and advertising injury arising out of any structural alterations new construction or demolition operations performed by or on behalf of such mortgagee assignee successor or receiver. Page 4 of b 2017 The Travelers Indemnity Company. Al rights reserved. J. BLANKET ADDITIONAL INSURED GOVERNMENTAL ENTITIES PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following Is added to SECTION II WHO IS AN INSURED Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by or rented or loaned to you and that you are required by any ordinance law building code or 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 arising out of the existence ownership use maintenance repair construction erection or removal of any of the following for which that governmental entity has issued such permit or authorization advertising signs awnings canopies cellar entrances coal holes driveways manholes marquees hoist away openings sidewalk vaults elevators street banners or decorations. BLANKET ADDITIONAL INSURED GOVERNMENTAL ENTITIES PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION If WHO IS AN INSURED Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance law building code or 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 arising out of such operations. The insurance provided to such governmental entity does not apply to a. Any bodily injury property damage or personal and advertising injury arising out of operations performed for the governmental entity or b Any bodily injury or property damage Included in the products completed operations hazard. MEDICAL PAYMENTS INCREASED LIMIT The following replaces Paragraph 7. of SECTION Nl LIMITS OF INSURANCE 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 CG D4 17 02 19 Includes copyrighted materlal of Insurance Services Office Inc. with its permission. | 2 |
and will be the higher of a. 10000 or h. The amount shown In the Declarations of this Coverage Part for Medical Expense Limit. M. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS If the insured has agreed in a contract or agreement to waive that insured s right of recovery against any person or organization we waive our right of recovery against such person or organization but only for payments we make because of a. Bodily injury or damage that occurs or property b. Personal and advertising injury caused by an offense that s committed subsequent to the execution of the contract or agreement. COMMERCIAL GENERAL LIABILITY N. CONTRACTUAL LIABILITY RAILROADS 1. The following replaces Paragraph of the definition of insured contract in the DEFINITIONS Section Any easement or license agreement 2. Paragraph f.1 of the definition of insured contract in the DEFINITIONS Section Is deleted. 0. DAMAGE TO PREMISES RENTED TO YOU The following replaces the definition of premises damage in the DEFINITIONS Section Premises damage to a. Any premises while rented to you or temporarily occupied by you with permission of the owner or damage means property b The contents of any premises while such premises is rented to you if you rent such premises for a period of seven or fewer consecutive days. CG D417 02 19 2017 The Travelers Indemnity Company. All rights reserved Page 5 of Includes copyrighted material of Insurance Services Offics Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEVIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CONTRACTUAL LIABILITY EXCLUSION EXCEPTION FOR DAMAGES ASSUMED IN AN INSURED CONTRACT APPLIES ONLY TO NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. 2 The following replaces Paragraph 2 of Exclusion b Contractual Liability in Para graph 2. of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2 Assumed by you In a contract or agreement that is an insured con tract provided that the bodily in jury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed by you in an Insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of bodily in jury or property damage provided that 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 Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this in surance applies are alleged. The following replaces the beginning of Paragraph 2. and Paragraphs 2.a b d. and e of SUPPLEMENTARY PAYMENTS COVERAGES A AND B of SECTION COVERAGES 2. If we defend you against a suit and your indemnitee is also named as a party to the suit we will have the right and duty to defend that indem nitee if all of the following condi tions are met a The suit against the indemnitee seeks damages for which you have assumed the liability of the in demnitee in a contract or agree ment that is an insured contract b. This insurance applies to such li ability assumed by you. The obligation to defend or the cost of the defense of that in demnitee has also been assumed by you In the same insured con tract d. The allegations in the suit and the information we know about the occurrence or offense are such that we determine that no conflict exists between your interests and the interests of the indemnitee e. You and the indemnitee 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 you and the indemnitee and 3. The following replaces the last sentence of Paragraph 2 of SUPPLEMENTARY PAYMENTS COVERAGES A AND B of SECTION 1 COVERAGES Our obligation to defend your indemnitee and to pay for attorneys fees and nec essary litigation expenses as Supplemen tary Payments ends when a We have used up the applicable limit of insurance in the payment of judg ments settlements or medical ex penses or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. wing replaces Paragraph 2 of b Contractual Liability in Para of SECTION 1 COVERAGES A BODILY INJURY AND PROPERTY JABILITY ied by you in a contract or nent that is an insured con provided that the bodily in or property damage occurs juent to the execution of the t or agreement. Solely for the ses of liability assumed by you Insured contract reasonable oy fees and necessary litigation ses incurred by or for a party than an insured will be deemed damages because of bodily in or property damage provided bility to such party for or for cost of that party s defense s also been assumed by you in same insured contract and CG D4 21 07 08 2008 The Travelers Companies Inc. Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION DISCRIMINATION This endorserment modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1 The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Discrimination Bodily injury arising discrimination based upon a sex sexual orientation marital pregnancy race color creed religion national origin citizenship veteran status age genetic information or physical or mental disability or other characteristic attribute trait condition or status that qualifies a person for protection against discrim ination under federal state or local law. out of person s status 2. The following exclusion is added to Paragraph 2. Exclusions of SECTION 1 COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Discrimination Personal injury arising out of discrimination based upon a person s sex sexual orientation marital status pregnancy race color creed religion national origin citizenship veteran status age genetic information or physical or mental disability or any other characteristic attribute trait condition or status that qualifies a person for protection against discrim ination under federal state or local law. CG D142 0219 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted materlal of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION AIRCRAFT PRODUCTS AND GROUNDING This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PROVISIONS 1 The following exclusion is added to Paragraph 2. Exclusions of either SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY or SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY whichever section is included in the Coverage Part Aircraft Products And Grounding Bodily injury or property damage in cluded within the products completed operations hazard and arising out of any aircraft product or the grounding of any aircraft. The following is added to the DEFINITIONS Section Aircraft product means a. Aircraft including missile or space craft and any ground support or con trol equipment used with any aircraft missile or spacecraft b. Any of your products manufactured for used in connection with or in corporated into aircraft aircraft parts aircraft equipment or aircraft acces sories including ground handling tools and equipment t. Any of your products used for the purpose of guidance navigation or di rection of aircraft whether an aircraft is in flight or on the ground or d. Training aids navigation charts navi gation aids manuals blueprints engi neering or other data or advice ser vices and labor relating to such air craft or products. Grounding means the withdrawal of one or more aircraft from flight opera tions or the Iimposition of speed pas senger or load restrictions on such air craft by reason of the actual alleged or suspected existence of any defect fault or condition in such aircraft or any part thereof a. Sold handled or distributed by the insured or b. Manufactured assembled or proc essed by any other person or organi zation 1 According to specifications plans suggestions orders or drawings of the insured or 2 With tools machinery or other equipment furnished to such per sons or organizations by the in sured whether such aircraft so withdrawn or restricted are owned or operated by the same or different persons or organiza tions. CG T3 2308 M 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 | 2 |
TABLE OF CONTENTS SECTION EMPLOYEE BENEFITS LIABILTY COVERAGE Insuring Agreement Exclusions.... Supplementary Payments SECTION I WHO 1 AN INSURED SECTION 11I LIMITS OF INSURANCE SECTION IV DEDUCTIBLE... SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS Bankruptcy Duties in The Event of Act Error or Omission Legal Action Against Us. Other nsurance... Premium Audi Representations Separation of Insureds Transfer of Rights of Recovery Against Others To Us When We Do Not Renew Cancellation Nonrenewal And Renewal Conditions Applicable To Commercial General Liability Coverage Part... SECTION VI EXTENDED REPORTING PERIODS.. SECTION VII DEFINITIONS..... EMPLOYEE BENEFITS LIABILITY COVERAGE FORM Beginning on Page CG TO 43 01 16 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 TABLE OF CONTENTS EMPLOYEE BENEFITS LIABILITY COVERAGE FORM Beginning on Page SECTION EMPLOYEE BENEFITS LIABILTY COVERAGE Insuring Agreement Exclusion Supplementary Payment SECTION 1I WHO 1S AN INSURED... SECTION 11I LIMITS OF INSURANCE SECTION 1V DEDUCTIBLE SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS 5 Bankruptcy O Duties in The Event of Act Error or Omission 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 Cancellation Nonrenewal And Renewal Conditions Applicable To Commercial General Liability Coverage Part an NNNNoeo oo SECTION VI EXTENDED REPORTING PERIODS... SECTION VII DEFINITIONS.... EMPLOYEE BENEFITS LIABILITY COVERAGE FORM Page 1 of 1 CG TO 43 01 16 | 2 |
COMMERCIAL GENERAL LIABILITY POLICY NUMBER zLP71N28055 20 15 ISSUE DATE 061020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCT RECALL EXPENSE COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Endorsement Period The endorsement period is the same as the policy period of the General Liability coverage afforded by this policy. f this Product Recall Expense Coverage has been added during the policy period the effective date of coverage is as stated in the policy change endorsement accompanying this endorsement. Limits Of Insurance Aggregate Limit 50000 Each Product Recall Limit 25000 Retained Limit Each Product Recall NONE Description Of Covered Products DIGITAL VIDEO IMAGING AND STORAGE PRODUCTS MANUFACTURED NO EARLTER THAN 50000 25000 NONE DIGITAL VIDEO IMAGING AND STORAGE PRODUCTS MANUFACTURED NO EARLIER THAN TWENTY FOUR 24 MONTHS PRIOR TO THE BEGINNING OF THE POLICY PERIOD Recall Territory UNITED STAT Rate 0.000 Estimated Premium minimum and deposit PROVISIONS of the terms of the Coverage Part to which this endorsement is attached apply to the insurance provided by this endorsement except for the COMMON POLICY CONDI TIONS SECTION Il WHO IS AN INSURED SECTION 1V COMMERCIAL LIABILITY CON DITIONS as amended by Section 4. of this endorsement and the DEFINITIONS Section 1. INSURING AGREEMENT a We will pay 90 of product recall expense you incur in excess of the Retained Limit shown in the Schedule above as the result of a product re call you initiate during the endorse ment period. A product recall will be deemed to be initiated by you on the date you announce the recall to UNITED STATES CANADA PUERTO RICO 0.000 the general public or inform a gov ernment agency of your intent to ini tiate a recall whichever comes first. b. We will only pay for product recall expense arising out of your prod ucts which il Are designated as covered prod ucts in the schedule above and il Are recalled from the recall terri tory shown in the Schedule above and iii Have been physically relinquished to others. The amount we will is limited as described in Part 3 lMITS OF INSUR ANCE. CG D2 31 09 99 The Travelers Companies Inc. 1999 Page 1 of 4 | 2 |
COMMERCIAL GENERAL LIABILITY 2. EXCLUSIONS This insurance does not apply to prod uct recall expense arising out of a Any fact circumstance or situation which existed at the inception date of the policy and which you were aware of or could reasonably have foreseen that would have resulted in a prod uct recall. This exclusion does not apply if this is a continuation of coverage for product recall expense provided by us during the policy pe riod immediately preceding this pol icy period and you first became aware of such fact circumstance or situation during the policy period immediately preceding this policy pe riod. However this coverage will ap ply only to the extent that the cover age under the preceding policy would have applied including but not limited to the limits of insurance offered un der that preceding policy. Deterioration decomposition or trans formation of a chemical nature ex cept If caused by an error in the manufacture design processing stor age or transportation of your prod uct The withdrawal of similar products or batches that are not defective when a defect in another product or batch has been found. Acts errors or omissions of any of your employees done with the prior knowledge of any of your officers or directors Inherent vice meaning a natural con dition of property that causes it to deteriorate or become damaged. Bodily injury or property damage. Failure of your product to accom plish its intended purpose including any breach of warranty of fitness quality efficacy or efficiency whether written or implied. Loss of reputation customer faith or approval or any costs incurred to re gain customer market or any other consequential damages. Legal fees or expenses. Damages claimed for any loss cost or expense incurred by you or others for the loss of use repair replace ment or uct. The withdrawal of your products because they contain any material banned or declared unsafe by any governmental entity. However this exclusion only applies to the with drawal of your products which were manufactured or distributed after the date that the material was banned or declared unsafe. adjustment of your prod 3. LIMITS OF INSURANCE The Limits of The Aggregate Limit shown in the Schedule above is the most we will pay in excess of the retained limit for the sum of all product recall ex pense you incur as a result of all product recalls you initiate during the endorsement period. The Each Product Recall Limit shown in the Schedule above is the most we will pay subject to the Aggregate Limit for product recall expense in excess of the retained limit you incur for any one product recall you ini tiate during the endorsement period. Insurance are in addition to the retained limit and product recall expense within the retained limit will not erode these limits. 4. ADDITIONAL CONDITIONS Duties in the Event of a Product Re call In the event of a recall you must 1 See to it that we are notified as soonh as practicable of a product recall. To the extent possible no tice should include how when and where the product recall took place and estimated product re call expense. 2 Take all reasonable steps to minimize product recall expense. This will not increase the limit of insurance. 3 If requested permit us to ques tion you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim including your books and records. Your an swers must be signed. inspect and obtain other information product 8 Permit us to records and The Travelers Companies Inc 1999 Page 2 of 4 CG D2 31 09 99 | 2 |
COMMERCIAL GENERAL LIABILITY proving the loss. You must send us a signed sworn statement of loss containing the information we request to investigate the claim. You must do this within 80 days after our request. B Cooperate with us in the investi gation or settlement of any claim. 6 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to you because of loss to which this insurance ap plies. Other Insurance If there is other valid and collectible insurance covering the same product recall expense covered by this insur ance then we will pay only for the amount of product recall expense that exceeds the amount of product recall expense covered by that other insurance. This provision does not apply to insurance purchased specifi cally to apply in excess of this in surance. We will not pay more than our applicable Limit of Insurance. Premium The premium shown in the Schedule above is a minimum and deposit premium At the close of each audit period we will compute the earned premium for that period using the rate shown in the Schedule above. If the earned premium is less than the estimated premium shown in the Schedule then the estimated premium will be the final earned premium. If the earned premium Iis greater than the estimated premium then we will bill you for the difference. The audit premium will be due and payable upon notice. Transfer of Rights of Recovery Against Others to Us If you have rights to recover all or part of any payment we have made under this coverage those rights are transferred to us. You must do noth ing after loss to impair those rights. Any recoveries hereunder shall be ap plied in the following order 1 Any interest including the insured that may have paid any amount with respect to liability in excess of the limit of our liability here under 2 Us for the amount paid hereunder 3 All other interests including the insured with respect to the resi due if any. This includes rights to salvage pro ceeds. Abandonment There can be no abandonment of property to us unless we specifically agree to such abandonment in writing. 5. ADDITIONAL DEFINITIONS For the purposes of this endorsement the following additional definitions apply Product recali means a withdrawal or removal from the market of your product based on the determination by you or any regulatory or govern mental agency that 1 the use or consumption of your product has caused or will cause actual or alleged bodily injury or property damage and such determination requires you to recover possession or control of your product from any distribu tor purchaser or user or to de stroy your product but only if your product is unfit for use or consumption or is hazardous as a result of 2 A. an error or omission by an in sured in the design manufac turing processing labeling storage or transportation of your product or B. actual or alleged intentional malicious or wrongful altera tion or contamination of your product by someone other than you. Product recall expense means rea sonable and necessary expenses for 1 Telephone radio television or other electronic communication and printed advertisements includ ing stationery envelopes and postage. 2 Transporting recalled products from any purchaser distributor or user to locations designated by you. 3 Remuneration pald to your em ployees for overtime as well as CG D2 31 09 99 The Travelers Companies Inc. 1999 Page 3 of 4 | 2 |
COMMERCIAL GENERAL LIABILITY remuneration paid to additional employees or independent contrac tors you hire. 8 Transportation and accommodation expenses incurred by your em ployess. 5 Rental expense incurred for tem porary locations used to store re called products. 6 Expenses incurred to properly dis pose of recalled products includ mgdpackaglng that can not be re used. 7 Transportation expenses incurred to replace recalled products. 8 Inspection and testing of your products to determine whether or not they may be subject to a product recall. These expenses must be Incurred as a result of a product recall. Page 4 of 4 The Travelers Companies Inc. 1999 CG D2 31 09 99 | 2 |
COMMERCIAL GENERAL LIABILITY POLICY NUMBER zLP71N28055 20 15 ISSUE DATE 061020 THIS ENDORSEMIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY TOTAL GENERAL AGGREGATE LIMIT DESIGNATED PROJECTS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Total General Aggregate Limit 10000000 Designated Projects All Active Projects for which you have a written contract General Aggregate Limit stated in the Schedule above is the most we will pay for the sum of all 1. Medical Expenses under COVERAGE C SECTION 1 2. Damages under COVERAGE A SEC TION 1 except damages because of bodily injury or property damage included in the products completed operations hazard and 3. Damages under COVERAGE B SEC TION 1 regardless of the number of a. Insureds b. Claims made or suits brought. Persons or organizations making claims or bringing suits or d. Designated projects listed in the SCHEDULE above. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVER AGE A SECTION 1 and for all medical expenses caused by accidents under COVERAGE C SECTION 1 which can be attributed only to operations at a single designated If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. The Total project shown in the Schedule above 1. A separate Designated Project Gen eral Aggregate Limit applies to each designated project and that limit is equal to the amount of the Gen eral Aggregate Limit shown in the Declarations. Subject to the Total General Aggre gate Limit stated in the Schedule above the Designated Project Gen eral Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A except damages because of bodily injury or prop erty damage included in the prod ucts completed operations hazard and for medical expenses under COV EFfKAGE C regardless of the number of a Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits Any payments made under COVER AGE A for damages or under COV ERAGE C for medical expenses shall CG D3 21 01 04 The Travelers Companies Inc. 2004 Page 1 of 2 | 2 |
COMMERCIAL GENERAL LIABILITY reduce both the Total General Aggre gate Limit stated in the Schedule above and the Designated Project General Aggregate Limit for that des ignated project. Such payments shall not reduce the General Aggre gate Limit shown in the Declarations nor shall they reduce any other Des ignated Project General Aggregate Limit for any other designated pro ject shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the Gen eral Aggregate Limit shown in the Declarations such limits will be sub ject to both the Total General Ag gregate Limit stated in the Schedule above and the applicable Designated Project General Aggregate Limit. C. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVER AGE A SECTION 1 and for all medical expenses caused by accidents under COVERAGE C SECTION 1 which can not be attributed only to operations at a single designated project shown in the Schedule above 1. Any payments made under COVER AGE A for damages or under COV ERAGE C for medical expenses shall reduce the amount available under the Total General Aggregate Limit stated in the Schedule above and the General Aggregate Limit or the Products Completed Operations Ag gregate Limit whichever is applica ble and 2. Such payments shall not reduce any Designated Project General Aggregate Limit. As respects this Provision. the limits shown in the Declarations for Each Oc currence Damage To Premises Rented To You and Medical Expense continue to apply. D. Part 2. of SECTION NI LIMITS OF INSUR ANCE is deleted and replaced by the fol lowing 2 The General Aggregate Limit is the most we will pay for the sum of a Damages under Coverage B and b. Damages from occurrences un der COVERAGE A SECTION 1 and for all medical expenses caused by accidents under COVERAGE C SECTION 1 which can not be at tributed only to operations at a single designated project shown in the SCHEDULE above. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included Iin the products completed operations hazard will reduce the Products Completed Op erations Aggregate Limit and not reduce the Total General Aggregate Limit stated in the Schedule above the General Ag gregate Limit or the Designated Project General Aggregate Limit. For the purposes of this endorsement the Definitions Section is amended by the addition of the following definition Project means an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determining the applica ble aggregate limit of insurance each project that includes premises involv ing the same or connecting lots or premises whose connection is inter rupted only by a street roadway wa terway or right of way of a rallroad shall be considered a single project. The provisions of LIMITS OF INSUR ANCE SECTION IIl not otherwise modi fied by this endorsement shall continue to apply as stipulated. Page 2 of 2 The Travelers Companles Inc. 2004 CG D3 21 01 04 | 2 |
COMMERCIAL GENERAL LIABILITY POLICY NUMBER ZLP71N28055 20 15 ISSUE DATE 061020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Persons or Organizationsk VILLAS AT CARRINGTON SQUARE ATTN RENTERS INSURANCE COMPLIANCE 6060 POPLAR AVE SUITE 201 MEMPHIS TN 38119 3980 Section 1l Who Is An Insured is amended to include as an additional insured the per sons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage personal injury or advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf A. In the performance of your ongoing op erations or B. in connection with your premises owned by or rented to you. 2008 The Travelers Companies Inc. Page 1 of 1 CG DA 11 04 08 d material of Insurance Services Office Includes the copyrighte Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION VIOLATION OF CONSUMER FINANCIAL PROTECTION LAWS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following exciusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Violation Of Consumer Financial Protection Laws Bodily injury or property damage arising out of any actual or alleged violation of a consumer financial pro tection law or any other bodily injury or property damage alleged in any claim or suit that also alleges any such violation The following exclusion is added to Paragraph 2. Exclusions of SECTION I COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Violation Of Consumer Financial Protection Laws Personal injury or advertising injury arising out of any actual or alleged violation of a consumer financial pro tection law or any other personal injury or advertising injury alleged in any claim or suit that also alleges any such violation. 3. The following s added to the DEFINITIONS Section Consumer financial identity informa lected for the Purpose of serving as a factor in establishing such person s eligibility for personal credit insurance or employment or for the purpose of conducting a business transaction a. Part or all of the account number the expiration date or the balance of any credit debit bank or other financial account. b Information bearing on a person s credit worthiness credit standing or credit capacity. Social security number d. Drivers license number.. Birth date. Consumer financial protection law means The Fair Credit Reporting Act FCRA and any of its amendments including the Fair and Accurate Credit Transac tions Act FACTA b. California s Song Beverly Credit Card Act and any of its amendments or. Any other law or regulation that restricts or prohibits the collection dissemination transmission distribu tion or use of consumer financial identity information CG D6 18 10 11 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 | 2 |
e e e 40724 Ed. 12 90 AGENT COPY Page 2 1990 The Travelers Indemnity Company. All rights reserved. | 2 |
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AES 3061 Ed. 12 05 PL 1944416 00 NEW Policy No. PL 1944416 00 Renewal Of NEW BUSINESSPRO POLICY COMMON DECLARATIONS NAMED INSURED KASK SRL KASK ITALY KASK AMERICA INC. AND ADDRESS PO BOX 5246 CONCORD NC 28027 1504 IN RETURN FOR PAYMENT OF THE PREMIUM AND SUBJECT TO ALL TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. AGENT S NAME AND ADDRESS PARTNERS SPECIALTY GROUP LLC 4520 MAIN STREET SUITE 500 KANSAS CITY MO 64111 1876 Insurance is afforded by the Company named below a Capital Stock Corporation GREAT AMERICAN E S INSURANCE COMPANY POLICY PERIOD From 01312014 To 01312015 1201 AM. Standard Time at the address of the Named Insured This policy consists of the following Coverage Parts for which a premium is indicated. This premium may be subject to adjustment. Premium Commercial Property Commercial General Liability Commercial Crime Commercial Inland Marine Commercial Boiler and Machinery Commercial Auto Commercial Umbrella The insurance company with which this coverage has been placed 15 not licensed by the State of North Carolina and is not subject to its supervision. In the event of the insolvency of the insurance company losses under this policy will not be paid by any State msurance guaranty or solvency fund. Daniel P. McDonnell 27000 27000 FORMS AND ENDORSEMENTS applicable to all POLICY ALTERNATE MAILING ADDRESS Coverage Parts and made part of this Policy at time of issue are listed on the attached Forms and Endorsements Schedule IL 88 01 1185. NC SL Tax 1350 NOTICE See enclosed endorsement for Surplus Lines Notification Filing Fee 110 Location 7144 Weddington Rd NW Concord NC 28027 INC. Commercial Property Commercial General Liability Commercial Crime Commercial Inland Marine Commercial Boiler and Machinery Commercial Auto Commercial Umbrella The insurance company with which this coverage has been placed 1s not licensed by the State of North Carolina and is not subject to its supervision. In the event of the insolvency of the insurance company losses under this policy will not be paid by any State msurance guaranty or solvency fund. Daniel P. McDonnell DDODDDD DD DD Premium 2700C DDDDDDDD DB AES 3061 Ed. 1205 PRO Page 1 of 1 | 2 |
Administrative Offices Stroot I Ohio 45202 4201 GREATAMERICAN. 72553 369 5000 BUSINESSPRO FORMS AND ENDORSEMENTS SCHEDULE IL 88 01 Ed. 11 85 It is hereby understood and agreed the following forms and endorsements are attached to and are a part of this policy Form and Edition 1. AES3012 2. 1L7268DL 3. 1L0017 4. AES3005 5. CG7400 6. CG0001 7. CG7518 8. CG7519 9. AES3013 10. AES3206 1. CG2149 12. AES3258 13. 1L0021 14. AES3228 15. CG8361 16. CG2147 17. AES3077 18. ESG1001 19. AES3018 20. CG7794 21. AES3103 22. AES3045 0811 0809 1198 0501 1185 1207 0390 1207 0411 0510 09899 0711 0908 1110 0205 1207 0707 0913 0411 0798 0411 0807 If not at inception ST Date Deleted NC NC NC NC NC NC NC NC NC NC NC NC NC NC NC NC NC NC NC NC NC NC Date Added Form Description General Service of Suit Endorsement In Witness Signature Form Common Policy Conditions Common Policy Condition Amendment Businesspro Gen Lia Cov Part Dec CGL Coverage Form Businesspro Employee Benefits Lia Cov Employee Benefits Cov Excl Fid Liab Deductible Liability Insurance Specialty Plus Endorsement Total Pollution Exclusion Endorsement Exclusion of Claims and Suits Allegi Nuclear Energy Liability Exclusion Organic Pathogen Exclusion Silica or Related Dust Exclusion Employment Related Practices Exclusion Professional Liability Testing Consu Exclusion Pre Existing Damage Absolute Asbestos Exclusion Excl. Liability Arising out of Lead Metal Gas Exclusion Aircraft Products and Grounding Liabil BUSINESSPRO Reg. U.S. Pat. Off. IL 88 01 Ed. 1185 PRO Page 1 of 2 | 2 |
Administrative Offices Stroot I Ohio 45202 4201 GREATAMERICAN. 72553 369 5000 BUSINESSPRO FORMS AND ENDORSEMENTS SCHEDULE IL 88 01 Ed. 11 85 It is hereby understood and agreed the following forms and endorsements are attached to and are a part of this policy Form and Edition 1. AES3229 2. AES3216 3. AES3022 4. 1L7324 5. AES3004 6. NCSN 7. 1L7210 8. CG2175 9. CG2176 10. CG8366 1110 0610 0812 0812 0501 0304 0108 0608 0108 0605 If not at inception Date Added ST Dateoeleted Form Description NC Employers Liability Exclusion NC Bisphenol A BPA and Phthalates Exclu NC Limitation Of Coverage To Designated P NC Economic and Trade Sanction Clause NC Premium Audit Condition Amendment NC Surplus Lines NC NC Disclosure Pursuant to Terrorism Risk NC Exclusion of Certified Acts of Terrori NC Exclusion of Punitive Damages Related NC Nuclear Biological or Chemical Exclu BUSINESSPRO Reg. U.S. Pat. Off. IL 88 01 Ed. 1185 PRO Page 2 of 2 | 2 |
AES 3012 Ed. 08 11 GENERAL SERVICE OF SUIT ENDORSEMENT Not applicable in Delaware or Pennsylvania Pursuant to any statute of any state or district of the United States of America that makes provision therefor the Insurer hereby designates the commissioner superintendent or director of insurance or other officer specified for that purpose in the statute and his or her successors in office and duly authorized deputies as the Insurer s true and lawful attorney for service of legal process in any action suit or proceeding brought in the state where this Policy is issued by or on behalf of an insured or beneficiary against the Insurer arising out of the insurance issued under this Policy. Any legal process received by such attorney for service of legal process shall be forwarded except as provided below to the attention of Eve Cutler Rosen General Counsel Great American Insurance Company 301 E 4th Street Cincinnati Ohio 45202 4201. In California any legal process received by the Ihsurer s statutory attorney for service of process shall be forwarded to the attention of Nancy Flores The CT Corporation System 818 West Seventh Street Los Angeles California 90017 In the District of Columbia any legal process received by the Insurer s statutory attorney for service of process shall be forwarded to CT Corporation System 1015 15 Street NW Suite 1000 Washington DC 20005 In lllinois the Director at his or her option may forward a copy of the process to the Surplus Line Association of lllinois for delivery to the unauthorized insurer or may deliver the process to unauthorized insurer by another means which the Director considers to be reasonably prompt and certain. To be valid the process must state the names of the Insured and the unauthorized insurer and identify the contract of insurance. In Maine the Insurer hereby designates CT Corporation System as its attorney for service of legal process in any action relating to this Policy and directs that all legal process be mailed to. CT Corporation System One Portland Square Portland Maine 04101 In Oregon the Insurer and the Insured policyholder hereby agree to waive the provisions of Oregon Insurance Code section 735.490 requiring that service of legal process in any action relating to this Policy shall be served on the insurance agent who registered or delivered this Policy and instead agree that such service of legal process be mailed directly to Eve Cutler Rosen General Counsel Great American Insurance Company 301 E 4th Street Cincinnati Ohio 45202 4201. In Rhode Island the Insurer hereby designates CT Corporation System as its attorney for service of legal process in any action relating to this Policy and directs that all legal process be mailed to CT Corporation System 10 Weybosset Street Providence Rhode Island 02903. The foregoing designations of attorney for service of legal process upon the Insurer shall not constitute a waiver of the Insurer s rights to remove remand dismiss or transfer any suit or proceeding from any court or to commence any suit or other proceeding in any court of competent jurisdiction. Dated 08012011 AES 3012 Ed. 0811 | 2 |
301 E 4th Street Cincinnati Ohio 45202 4201 GREATAMERICAN Tol 1 513 366 5000 r IL 72 68 Ed. 09 09 In Witness Clause In Witness Whereof we have caused this Policy to be executed and attested and if required by state law this Policy shall not be valid unless countersigned by our authorized representative. e Cotttor. Fsen. Secretary Qoo President Copyright Great American Insurance Co. 2009 IL72680L 0909 IL 72 68 Ed. 0909 XS | 2 |
IL 00 17 Ed. 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this Policy are subject to the following conditions. IL 00 17 Ed. 1198 XS A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this Policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this Policy by mailing or delivering to the first Named Insured writ ten notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpay ment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effec tive date of cancellation. The policy period will end on that date. 5. If this Policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice.. Changes This Policy contains all the agreements be tween you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this Policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this Policy. C. Examination of Your Books and Records We may examine and audit your books and records as they relate to this Policy at any time during the policy period and up to three years afterward. D. Inspections and Surveys 1. We have the right to a. make inspections and surveys at any time b. give you reports on the conditions we find and. recommend changes. 2. We are not obligated to make any inspec tions surveys reports or recommenda tions and any such actions we do under take relate only to insurability and the pre miums to be charged We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. are safe or healthful or b. comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition ap ply not only to us but also to any rating advisory rate service or similar organiza tion which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. Copyright 1SO Properties Inc 1998 Page 1 of 2 | 2 |
E. Premiums The first Named Insured shown in the Dec larations 1. is responsible for the payment of all pre miums and 2. will be the payee for any return premiums we pay. F. Transfer of Your Rights and Duties Under this Policy Your rights and duties under this Policy may not be transferred without our written con sent except in the case of death of an in dividual hamed insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal re presentative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Copyright 1SO Properties Inc 1998 Page 2 of 2 IL 00 17 Ed. 1198 XS | 2 |
301 E 4th Street Cincinnati Ohio 45202 4201 GREATAMERICAN Tol 1 513 366 5000 r AES 3005 Ed. 05 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMON POLICY CONDITIONS AMENDMENT The following Conditions are added to the COM MON POLICY CONDITIONS of this policy. G. Fraud and Misrepresentation a. This policy was issued based on the in formation supplied on an application and other correspondence including your claim or loss history. This information is consid ered to be part of this policy. b. You should review this information care fully as the truth of this information was of paramount importance in influencing our decision to issue this policy.. You for all the Insureds under this policy do warrant the truth of such information to the best of your knowledge at the in ception date of this policy. d. If such information is false or misleading it may cause denial of coverage or voiding of the policy. H. Premium Financing Cancellation of Fi nanced Policy a. When we receive notification that the premium for this policy has been advanced by a premium financed company we will acknowledge receipt of the premium fi hance agreement to the finance company on our form when requested but we will not amend or extend this policy. b. When we otherwise become aware that you financed all or part of this policy s premium regardless of whether or not we receive a notice of premium financing we will not be bound as respects coverage we provide by the terms of your finance agreement. This policy alone governs cov erage.. When you sign a premium finance agree ment by the terms of the agreement you may be giving the premium finance com pany the right under certain conditions to cancel this policy on your behalf. When we receive hotice of cancellation from the finance company we will recognize their request for termination of this insurance and we will pay any return premium due as directed by the premium finance company. The return premium will be calculated on a prorata basis. d. The premium finance company will usually require that payment of any return pre mium be made directly to them and we will honor that request. If the requested ter mination date set by the premium finance company conflicts with other policy pro visions or the operation of law we will comply with the policy provision andor applicable law. You must resolve any re sulting premium differences directly with the finance company. e. The twenty five percent 25 minimum retained premium described in A. Can cellation may not be financed as it is not refundable. AES 3005 Ed. 0501 XS | 2 |
SOTE st Shraer o CG 74 00 Ed. 11 85 N Cis i Ohio 45202 4201 GREATAMERICAN. Tor T515 58655000 Policy No. PL 1844416 00 BUSINESSPRO GENERAL LIABILITY COYERAGE PART DECLARATIONS PAGE NAMED INSURED KASK SRL POLICY PERIOD 013114 to 013115 LIMITS OF INSURANCE General Aggregate Limit Other Than Products Completed Operations 2000000 Products Completed Operations Aggregate Limit 2000000 Personal and Advertising Injury Limit 1000000 Each Occurrence Limit 1000000 Fire Damage Limit PLUS ENDT Any One Fire Medical Expense Limit PLUS ENDT Any One Person RETROACTIVE DATE CG 00 02 ONLY 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 does not apply DESCRIPTION OF BUSINESS Form of Business Individual Joint Venture Partnership X Organization Other than Partnership or Joint Venture Business Description IMPORT BICYCLE EQUESTRIAN SKI HELMETS Location of All Premises You Own Rent or Occupy PREMIUM Code Premium Classification No. Basis All Other SPORT GOODS 59306 D3000000 a Admissions b Area c Each d Gross Sales e Payroll f Total Cost g Units h Other Total Advance Premium 27000 Premium shown is payable 27000 at inception FORMS AND ENDORSEMENTS Applying to this Coverage Part and Made Part of this Policy at Time of Issue nan nan nan nan 39.0 0.0 327000 BUSINESSPRO Reg. U.S. Pat. Off. CG 74 00 Ed. 1185 PRO Page 1 of 1 | 2 |
CG 00 01 Ed. 12 07 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 hot covered. Throughout this Policy the words you and your refer to the Named Insured shown in the Declara tions and any other person or organization quali fying 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 or ganization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V DEFINITIONS. SECTION COVERAGES Coverage A Bodily Injury and Property Damage Liability 1. Insuring Agreement a. We will pay those sums that the Insured becomes legally obligated to pay as dam ages because of bodily injury or prop erty damage to which this insurance ap plies. We will have the right and duty to defend the Insured against any suit seek ing 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 insur ance does hot apply. We may at our dis cretion 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 Cov erages 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 Sup plementary Payments Coverages A and B.. This insurance applies to bodily injury and property damage only if 1 the bodily injury or property dam age is caused by an occurrence that takes place in the coverage territory 2 the bodily injury or property dam age occurs during the policy period and 3 prior to the policy period ho 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 in sured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period.. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under paragraph 1. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive nhotice of an oc currence or claim includes any continu ation change or resumption of that bodily injury or property damage after the end of the policy period.. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under paragraph 1. of SEC Copyright 1SO Properties Inc 2006 00 01 Ed. 1207 XS Page 1 of 20 CG 00 01 Ed. 1207 XS | 0 |
0 01 Ed. 1207 XS TION 1l WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim 0 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 clam for damages because of the bodily injury or property damage or 3 becomes aware by any other means that bodily injury or property dam age has occurred or has begun to oceur.. Damages because of bodily injury include damages claimed by any person or or ganization for care loss of services or death resulting at any time from the bodi ly injury. 2. Exclusions This insurance does hot apply to a. Expected or Intended Injury Bodily injury or property damage ex pected 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.. Contractual Liability Bodily injury or property damage for which the Insured is obligated to pay dam ages by reason of the assumption of li ability in a contract or agreement. This ex clusion does not apply to liability for dam ages 1 that the Insured would have in the ab sence of the contract or agreement or 2 assumed in a contract or agresment that is an insured contract provided the bodily injury or property dam age occurs subsequent to the execu tion of the contract or agreement Solely for the purposes of liability as sumed in an insured contract rea c. d. sonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this in surance 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 intoxi cation of any person 2 the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. Workers Compensation and Similar Laws Any obligation of the Insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 an employee of the Insured arising out of and in the course of Copyright 1SO Properties Inc 2006 Page 2 of 20 CG 00 01 Ed. 1207 XS | 1 |
1 Ed. 1207 XS 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 con sequence 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 someonhe else who must pay damages because of the injury. This exclusion does hot apply to liability assumed by the Insured under an insured contract f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seep age 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 hot apply to i bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or origi nating from equipment that is used to heat cool or de humidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an addi tional insured with respect to your onhgoihg operations b C performed for that Addi tional Insured at that prem ises site or location and such premises site or loca tion is not and hever was owned or occupied by or rented or loaned to any in sured other than that Addi tional 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 stor age disposal processing or treatment of waste which are or were at any time transported handled stored treated disposed of or pro cessed as waste by or for i any insured or ii any person or organization for whom you may be legally responsible or at or from any premises site or location on which any insured or any contractors or subcontrac tors working directly or indirectly on any insured s behalf are per forming operations if the pollu tants are brought on or to the premises site or location in con nection with such operations by such insured contractor or sub contractor. However this sub paragraph 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 per form the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equip ment or its parts if such Copyright I1SO Properties Inc 2006 Page 3 of 20 CG 00 01 Ed. 1207 XS | 1 |
fuels Iubricants or other operating fluids escape from a vehicle part desighed to hold store or receive them. This exception does hot ap ply 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 per formed by such insured contractor or subcontractor ii 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 contrac tor or subcontractor or i 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 oh which any insured or any contractors or subcontrac tors working directly or indirectly on any insured s behalf are per forming operations if the oper ations 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. 2 Any loss cost or expense arising out of any a request demand order or statu tory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neu tralize or in any way respond to or assess the effects of pollu tants 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 re sponding to or assessing the ef fects of pollutants. However this paragraph does not ap ply 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 gov ernmental authority. g. Aircraft Auto or Watercraft Bodily injury or property damage aris ing out of the ownership maintenance use or entrustment to others of any air craft auto or watercraft owned or op erated by or rented or loaned to any in sured. 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 hir ing employment training or monitoring of others by that Insured if the occurrence which caused the bodily injury or prop erty 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 hot own that is a less than 26 feet long and b not being used to carry persons or property for a charge Copyright I1SO Properties Inc 2006 Ed. 1207 XS Page 4 of 20 CG 00 01 Ed. 1207 XS | 1 |
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 lisbility assumed under any insured contract for the ownership mainten ance or use of aircraft or watercraft or 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 finan cial responsibility law or other motor vehicle insurance law in the state where it is licensed or prin cipally garaged or b the operation of any of the ma chinery or equipment listed in paragraph f.2 or f.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage aris ing out of 1 the transportation of mobile equip ment 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 in directly out of 1 war including undeclared or civil war 2 warlike action by a military force in cluding action in hindering or defend ing against an actual or expected at tack by any government sovereign or other authority using military personnel or other agents or 3 insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j. Damage to Property Property damage to 1 property you own rent or occupy including any costs or expenses in curred by you or any other person organization or entity for repair re placement enhancement restoration or maintenance of such property for ahy reason including prevention of in jury to a person or damage to an other s property 2 premises you sell give away or aban don 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 sub contractors working directly or indi rectly 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 re placed because your work was in correctly performed on it Paragraphs 1 3 and 4 of this exclusion do hot apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecu tive days. A separate Limit of Insurance applies to Damage to Premises Rented to You as described in SECTION lll LIMITS OF INSURANCE. 1 Ed. 1207 XS Copyright I1SO Properties Inc 2006 Page 5 of 20 CG 00 01 Ed. 1207 XS | 1 |
01 Ed. 1207 XS Paragraph 2 of this exclusion does not apply if the premises are your work and were hever occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this ex clusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does hot apply to property damage included in the products completed operations hazard.. Damage to Your Product Property damage to your product aris ing 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 haz ard 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 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. n. 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 con dition 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 in ability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer soft ware including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Distribution of Material in Violation of Statutes Bodily injury or property damage aris ing directly or indirectly out of any action or omission that violates or is alleged to violate 1 the Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or Copyright 1SO Properties Inc 2006 Page 6 of 20 CG 00 01 Ed. 1207 XS | 1 |
2 the CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicat ing or distribution of material or in formation. Exclusions. through n. do not apply to dam age by fire to premises while rented to you or temporarily occupied by you with permis sion of the owner. A separate Limit of Insur ance applies to this coverage as described in SECTION Ill 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 dam ages 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 ad vertising 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 judg ments 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 Sup plementary Payments Coverages A and B. of 2003 including b. or addition to such nce or regulation A or CAN SPAM 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. prohibits or limits 2. Exclusions tting communicat of material or in This insurance does not apply to a. Knowing Violation of Rights of Another not apply to dam hile rented to you you with permis ate Limit of Insur ge as described in NSURANCE. vertising Injury 1s that the Insured ed to pay as dam hal and advertising c. urance applies. We duty to defend the uit seeking those will have ho duty against any suit personal and ad ich this insurance at our discretion d. e and settle any result But pay for damages is in SECTION Il NCE and e defend end when he applicable Limit payment of judg s under Coverages l expenses under iability to pay sums rvices is covered 2d for under Sup Coverages A and 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 per sonal and advertising injury.. Material Published with Knowledge of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the In sured with knowledge of its falsity. Material Published Prior to Policy Pe riod Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the Insured. Contractual Liability Personal and advertising injury for which the Insured has assumed liability in a con tract 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 Copyright 1SO Properties Inc 2006 Page 7 of 20 CG 00 01 Ed. 1207 XS | 1 |
1 Ed. 1207 XS g. Quality or Performance of Goods Failure to Conform to Statements Personal and advertising injury arising out of the failure of goods products or ser vices to conform with any statement of quality or performance made in your ad vertisement h. Wrong Description of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement.. 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 intellec tual property rights. Under this exclusion such other intellectual property rights do hot include the use of another s advertis ing idea in your advertisement However this exclusion does hot apply to infringement in your advertisement of copyright trade dress or slogan.. Insureds in Media and Intemet Type Businesses Personal and advertising injury commit ted by an insured whose business is 1 advertising broadcasting publishing or telecasting 2 designing or determining content of web sites for others or 3 an Internet search access content or service provider. However this exclusion does not apply to paragraphs 14.a. b. and. of personal and advertising injury under the Defini tions 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.. Electronic Chat Rooms or Bulletin Boards Personal and advertising injury arising out of an electronic chat room 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 hame or product in your e mail address domain hame or metatag or any other similar tac tics to mislead another s potential custom ers.. Pollution Personal and advertising injury arising out of the actual alleged or threatened dis charge dispersal seepage migration re lease or escape of pollutants at any time.. Pollution Related Any loss cost or expense arising out of any 1 request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or heutralize or in any way respond to or assess the effects of pollutants or 2 clam or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants.. War 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 in cluding action in hindering or defend ing against an actual or expected at Copyright I1SO Properties Inc 2006 Page 8 of 20 CG 00 01 Ed. 1207 XS | 1 |
tack by any government sovereign or other authority using military personnel or other agents or 3 insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Distribution of Material in Violation of Statutes Personal and advertising injury arising di rectly or indirectly out of any action or omission that violates or is alleged to vio late 1 the Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 the CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicat ing or distribution of material or in formation. Coverage C Medical Payments 1. Insuring Agreement a. We will pay medical expenhses as de scribed 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 cov erage territory and during the policy period b the expenses are incurred and report ed to us within one year of the date of the accident and ment sovereigh or military personnel llion revolution action taken by b. ity in hindering or y of these. al in Violation of g injury arising di of any action or r is alleged to vio sumer Protection g any amendment h law or c the injured person submits to exami nation at our expense by physicians of our choice as often as we reason ably 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 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 pro fessional nursing and funeral services. 2. Exclusions of 20083 including or addition to such nce or regulation A or CAN SPAM prohibits or limits tting communicat of material or in b. s c. expenses as de dily injury caused M or rent aMises you own or d erations place in the cov during the policy e. curred and report year of the date of We will hot pay expenses for bodily injury a. Any Insured To any insured except volunteer work ers. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured.. Injury on Normally Occupied Premises To a person injured on that part of prem ises you own or rent that the person nor mally occupies.. Workers Compensation and Similar Laws To a person whether or not an employ ee 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 in structing or participating in any physical exercises or games sports or contests. Copyright 1SO Properties Inc 2006 Page 9 of 20 CG 00 01 Ed. 1207 XS | 1 |
f. a. Products Completed Operations Hazard Included within the products completed operations hazard. Coverage A Exclusions Excluded under Coverage A. Supplementary Payments Coverages A and B 1. We will pay with respect to any clam we investigate or settle or any suit against an insured we defend b. All expenses we incur. Up to 250 for cost of bail bonds re quired 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 hot have to fur nish these bonds.. The cost of bonds to release attachments but only for bond amounts within the ap plicable Limit of Insurance. We do hot 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 clam 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 ap plicable 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 of fered 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. perations Hazard oducts completed 3 e A overages A and B L to any claim we y suit against an of bail bonds re ents or traffic law f the use of any dily Injury Liability o hot have to fur clease attachments ints within the ap ance. We do not onds. s incurred by the to assist us in the e of the clam or ss of earnings up of time off from jainst the Insured in ese payments do fees or attorneys the Insured. varded against the the judgment we fer to pay the ap ce we will not pay st based on that offer. Il amount of any after entry of the ve have paid of sited in court the that is within the ance. duce the Limits of 2. If we defend an insured against a suit and an indemnitee of the Insured is also named as a party to the suit we will defend that indem nitee if all of the following conditions are met a. the suit against the indemnitee seeks damages for which the Insured has as sumed the liability of the indemnitee in a contract or agreement that is an insured contract. this insurance applies to such liability as sumed by the Insured. the obligation to defend or the cost of the defense of that indemnitee has also been assumed by the Insured in the same insured contract. the allegations in the suit and the in formation we know about the occur rence are such that ho conflict appears to exist between the interests of the Insured and the interests of the indemnitee. the indemnitee and the Insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the Insured and the indemnitee and. the indemnitee 1 agrees in writing to a cooperate with us in the inves tigation settlement or defense of the suit b immediately send us copies of any demands notices summonses or legal papers received in con nection with the suit notify any other insurer whose coverage is available to the in demnitee and d cooperate with us with respect to coordinating other applicable in surance available to the indem hitee and Copyright 1SO Properties Inc 2006 Page 10 of 20 CG 00 01 Ed. 1207 XS | 1 |
2 provides us with written authorization to a obtain records and other infor mation related to the suit and b conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met at torneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation ex penses incurred by the indemnitee at our re quest will be paid as Supplementary Payments. Notwithstanding the provisions of paragraph 2.b.2 of Section Coverage A Bodily Injury and Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the Limits of Insurance. QOur obligation to defend an insureds indem hitee and to pay for attorneys fees and nec essary 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 agree ment described in paragraph f. above are no longer met. SECTION II WHO IS AN INSURED 1. If you are desighated 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 busi ness.. A limited liability company you are an in sured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insur eds but only with respect to their duties as your managers. ritten authorization d. and other infor o the suit and ontrol the defense ee in such suit An organization other than a partnership joint venture or limited liability company you are an insured. Your executive of ficers and directors are insureds but only with respect to their duties as your of ficers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. ions are met at e. A ftrust you are an insured. Your trustees. n the defense of are also insureds but only with respect to their duties as trustees. litigation expenses sary litigation ex o emnitee at our re 2. Each of the following is also an insured smentary Payments. ions of paragraph a. rerage A Bodily ge Liability such led to be damages perty damage and f Insurance. n insured s indem eys fees and nec as Supplementary have used up the 2 in the payment of or the conditions ms of the agree h f. above are no JRED Declarations as your spouse are h respect to the of which you are enture you are an your partners and insureds but only duct of your busi ny you are an in are also insureds to the conduct of anagers are insur ect to their duties Your volunteer workers ohly while per forming 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 part nership 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 ad vertising injury a to you to your partners or mem bers if you are a partnership or joint venture to your members if you are a limited liability com pany to a coemployee while in the course of his or her em ployment or performing duties related to the conduct of your business or to your other volun teer workers while performing duties related to the conduct of your business b to the spouse child parent brother or sister of that coem ployee or volunteer worker as a consequence of paragraph Ia above c for which there is any obligation to share damages with or repay someohe else who must pay Copyright 1SO Properties Inc 2006 Page 11 of 20 CG 00 01 Ed. 1207 XS | 1 |
0 01 Ed. 1207 XS damages because of the injury described in paragraphs INa 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 volun teer workers any parther or member if you are a partnership or joint ven ture 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.. 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 prop erty 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.. 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 hamed 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 in jury or property damage that occurred before you acquired or formed the or ganization and c. Coverage B does hot 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 re spect to the conduct of any current or past part nership joint venture or limited liability company that is not shown as a hamed insured in the Dec larations. SECTION IIl LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara tions and the rules below fix the most we will pay regardless of the humber 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 C b. damages under Coverage A except dam ages because of bodily injury or prop erty damage included in the products completed operations hazard and c. damages under Coverage B. 3. The Products Completed Operations Aggre gate Limit is the most we will pay under Cov erage A for damages because of bodily in jury 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 adver tising injury sustained by any one person or organization. Copyright 1SO Properties Inc 2006 Page 12 of 20 CG 00 01 Ed. 1207 XS | 1 |
5. Subject to paragraph 2. or 3. above which ever 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 be cause of property damage to any one prem ises while rented to you or in the case of damage by fire while rented to you or tem porarily 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 ohe person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual pe riod and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the poli cy period is extended after issuance for an addi tional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determin ing 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 1 how when and where the occur rence or offense took place 2 the names and addresses of any in jured persons and witnesses and 3 the nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 immediately record the specifics of the claim or suit and the date re ceived 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 papers received in connection with the claim or suit 2 authorize us to obtain records and other information 3 cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 assist us upon our request in the en forcement of any right against any person or organization which may be lible 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 as sume any obligation or incur any expense other than for first aid without our con sent. 3. 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 Copyright 1SO Properties Inc 2006 00 01 Ed. 1207 XS Page 13 of 20 CG 00 01 Ed. 1207 XS | 1 |
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 re cover 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 Insur ance. An agreed settlement means a settle ment and release of liability signed by us the Insured and the claimant or the claimant s legal representative.. Other Insurance If other valid and collectible insurance is avail able to the Insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when paragraph b. below applies. If this insur ance 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 de scribed in paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contin gent or oh any other basis i that is Fire Extended Cov erage Builder s Risk Installa tion Risk or similar coverage for your work ii that is Fire insurance for premises rented to you or temporarily occupied by you with permission of the own er iii that is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occu pied by you with permission of the owner or iv if the loss arises out of the maintenance or use of air craft autos or watercraft to the extent not subject to exclusion g. of Section I Coverage A Bodily Injury and Property Damage Li ability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed oper ations for which you have been added as an additional insured by attachment of an endorsement. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the Insured against any suit if any other insurer has a duty to de fend the Insured against that suit If ho other insurer defends we will un dertake to do so but we will be en titled 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 oth er insurance would pay for the loss in the absence of this insur ance 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 Insur ance Provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Dec larations of this Coverage Part.. Method of Sharing If all of the other insurance permits con tribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it 0 01 Ed. 1207 XS Copyright 1SO Properties Inc 2006 Page 14 of 20 CG 00 01 Ed. 1207 XS | 1 |
0 01 Ed. 1207 XS 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 meth od 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. b. 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 ret rospective 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. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this Policy you agree a. the statements in the Declarations are ac curate and complete b. those statements are based upoh repre sentations you made to us and. we have issued this Policy in reliance upon your representations.. Separation of Insureds Except with respect to the Limits of Insur ance and any rights or duties specifically as signed in this Coverage Part to the first Named Insured this insurance applies a. as if each named insured were the only hamed 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 hot to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written no tice of the nonrenewal hot 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 nhotice 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 onh the Internet or on similar elec tronic means of communication and b. regarding web sites only that part of a web site that is about your goods pro ducts 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 in cluding any attached machinery or equip ment or Copyright 1SO Properties Inc 2006 Page 15 of 20 CG 00 01 Ed. 1207 XS | 1 |
0 01 Ed. 1207 XS b. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However auto does not include mobile equipment.. 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. 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 para graph a. above 2 the activities of a person whose home is in the territory described in para graph a. above but is away for a short time on your business or 3 personal and advertising injury of fenses that take place through the In ternet or similar electronic means of communication provided the Insured s responsibility to pay damages is determined in a suit on the mer its in the territory described in paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Em ployee does nhot include a temporary work er. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 7. Hostile fire means one which becomes un controllable or breaks out from where it was intended to be.. Impaired property means tangible prop erty 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 de fective deficient inadequate or danger ous 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 remov al of your product or your work or your fulfilling the terms of the contract or agree ment.. Insured contract means a. a contract for a lease of premises. How ever 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 tem porarily occupied by you with permission of the owner is not an insured contract b. a sidetrack agreement. any easement or license agreement ex cept in conhection with construction or demolition operations on or within 50 feet of arailroad d. an obligation as required by ordinance to indemnify a municipality except in con nection with work for a municipality e. an elevator maintenance agreement f. that part of any other contract or agree ment 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 persoh or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Copyright 1SO Properties Inc 2006 Page 16 of 20 CG 00 01 Ed. 1207 XS | 1 |
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 op erations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks roadbeds tunnel underpass or crossing 2 that indemnifies an architect engineer or surveyor for injury or damage aris ing out of a preparing approving or failing to prepare or approve maps shop drawings opinions reports sur veys field orders change orders or drawings and specifications or b giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 under which the Insured if an archi tect engineer or surveyor assumes li ability for an injury or damage arising out of the Insured s rendering or fail ure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 10. Leased worker means a person leased to n 00 01 Ed. 1207 XS you by a labor leasing firm under an agree ment between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not in clude 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. while it is being moved from an aircraft watercraft or auto to the place where it is finally delivered 12. but loading or unloading does hot include the movement of property by means of a me chanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the fol lowing 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 hext to premises you own or rent. vehicles that travel on crawler treads d. vehicles whether self propelled or not maintained primarily to provide mohbility to permanently mounted 1 power cranes shovels loaders dig gers or drills or 2 road construction or resurfacing equipment such as graders scrapers or rollers e. vehicles not described in paragraph a. b.. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equip ment of the following types 1 air compressors pumps and gener ators including spraying welding building cleaning geophysical explora tion lighting and well servicing equip ment or 2 cherry pickers and similar devices used to raise or lower workers f. vehicles not described in paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos Copyright 1SO Properties Inc 2006 Page 17 of 20 CG 00 01 Ed. 1207 XS | 1 |
1 equipment designed primarily for a snow removal b road maintenance but not con struction or resurfacing or c street cleaning 2 cherry pickers and similar devices mounted onh automobile or truck chas e. oral or written publication in any manner of material that violates a person s right of privacy f. the use of another s advertising idea in your advertisement or g. infringing upoh another s copyright trade dress or slogan in your advertisement. sis and used to raise or lower work 15. Pollutants mean any solid liquid gaseous ers and or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis 3 air compressors pumps and gener chemicals and waste. Waste includes materials ators including spraying welding to be recycled reconditioned or reclaimed. building cleaning geophysical explora tion lighting and well servicing equip 16. Products completed operations hazard ment. However mobile equipment does not include any land vehicles that are subject to a com pulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land ve hicles subject to a compulsory or financial responsibility law or other motor vehicle in surance law are considered autos. a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 products that are still in your physical possession or 2 work that has not yet been completed 13. Occurrence means an accident including or abandoned. However your work continuous or repeated exposure to substan will be deemed completed at the earli tially the same general harmful conditions. est of the following times 14. Personal and advertising injury means in a When all of the work called for in jury including consequential bodily injury arising out of one or more of the following offenses a. false arrest detention or imprisonment b. malicious prosecution. the wrongful eviction from wrongful en try into or invasion of the right of private occupancy of a room dwelling or prem ises that a person occupies committed by or on behalf of its owner landlord or lessor d. oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or ser vices your contract has been complet ed b When all of the work to be done at the job site has been com pleted 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 main tenance correction repair or replace ment but which is otherwise com plete will be treated as completed. Copyright 1SO Properties Inc 2006 00 01 Ed. 1207 XS Page 18 of 20 essors pumps and gener cluding spraying welding sanine Aacorhveicral evslora CG 00 01 Ed. 1207 XS | 1 |
17. 18. b. Does not include bodily injury or prop erty 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 un loading of that vehicle by any insured 2 the existence of tools uninstalled equipment or abandonhed or unused materials or 3 products or operations for which the classification listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. Property damage means a. physical injury to tangible property in cluding all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the phys ical injury that caused it or b. loss of use of tangible property that is hot 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. 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 sys tems and applications software hard or flop py disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equip ment. 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 ih which such damages are claimed and to which the In sured must submit or does submit with our consent or 19. 20. 21 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 hot 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 com pensation by you or anyone else for their work performed for you. Your product a. Means 1 any goods or products other than real property manufactured sold handled distributed or disposed of by a you b others trading under your name or c a person or organization whose business or assets you have ac quired and 2 containers other than vehicles ma terials parts or equipment furnished in connection with such goods or pro ducts. b. Includes 1 warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 the providing of or failure to provide warhings or instructions.. Does not include vending machines or other property rented to or located for the use of others but not sold. perations for which the isted in the Declarations y schedule states that pleted operations are Copyright 1SO Properties Inc 2006 Page 19 of 20 CG 00 01 Ed. 1207 XS | 1 |
22. Your work a. Means 0 work or operations performed by you or on your behalf and 2 materials parts or equipment furnished in connection with such work or op erations. b. Includes 1 warranties or representations made at any time with respect to the fithess quality durability performance or use of your work and 2 the providing of or failure to provide warhings or instructions. Copyright 1SO Properties Inc 2006 Page 20 of 20 CG 00 01 Ed. 1207 XS | 1 |
Administrative Offices 301 E 4th Stroot Cincinnati Ohio 45202 4201 GREAIAMERICAN Tel 1 513 369 5000 CG 75 18 Ed. 03 90 Policy No. PL 1944416 nan nan nan nan 0.0 BUSINESSPRO EMPLOYEE BENEFITS LIABILITY COVERAGE PART DECLARATIONS PAGE NAMED INSURED POLICY PERIOD KASK SRL 013114 to 013115 LIMITS OF INSURANCE Aggregate Limit 1000000 Each Claim Limit 1.000000 Deductible 1000 DESCRIPTION OF BUSINESS Form of Business Individual Joint Venture Partnership X Organization Other than Partnership or Joint Venture Total Advance Premium INCLUDED Premium shown is payable INCLUDED at inception FORMS AND ENDORSEMENTS applicable to this Coverage Part and a made part of this Policy at the time of issue are listed on the attached Forms and Endorsements Schedule CG 88 01 1185. BUSINESSPRO Reg. U.S. Pat. Off. CG 75 18 Ed. 0390 PRO Page 1 of 1 | 2 |
Administrative Offices 301 E 4th Street Cincinnati Ohio 45202 4201 GREATAMERICAN Tel 1 513 368 5000 CG 75 19 Ed. 12 07 EMPLOYEE BENEFITS LIABILITY COVERAGE FORM EXCLUDING FIDUCIARY LIABILITY Various provisions of this Policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is hot covered. Throughout this Policy the words you and your refer to the Named Insured shown in the Declarations. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI DEFINITIONS. 2 our right and duty to defend end when we have used up the applicable Limit of Insurance in the payment of judg ments or settlements under this Cov erage Part. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Sup plemental Payments. 2. Exclusions This insurance does not apply to Damages actually or allegedly arising out of any intentional dishonest fraudulent criminal or malicious act error or omis sion committed by any insured including but not limited to the willful violation of any statute.. Damages claimed for any bodily injury property damage or personal and ad vertising injury.. Damages actually or allegedly arising out of any breach of or failure to perform any contract by any insured or insurer.. Damages arising out of an insufficiency of funds to meet any obligations under any plan included in an employee benefit pro gram. SECTION EMPLOYEE BENEFITS COVERAGES 1. Insuring Agreement a. We will pay those sums that the Insured becomes legally obligated to pay as dam ages sustained by an employee former employee prospective employee or the beneficiaries or legal representatives thereof and caused by any negligent act error or omission of the Insured or any other person for whose acts you are le gally liable in the administration of your employee benefit program. This insurance applies to any negligent act error or omission which occurs in the coverage territory and during the policy period. We will have the right and duty to defend any suit seeking those damages. How ever we will have no duty to defend the Insured against any suit seeking damages for any negligent act error or omission to which this insurance does not apply. We may at our discretion investigate any hegligent act error or omission and set tle any claim or suit that may result. But 1 the amount we pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE. CG 75 19 Ed 1207 XS Page 1 of 7 | 2 |
2. 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. 3. All reasonable expenses incurred by the In sured at our request to assist us in the inves tigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. 4. All court costs taxed against the Insured in the suit However these payments do nhot in clude attorneys fees or attorneys expenses taxed against the Insured. 5. Prejudgment interest awarded against the In sured 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 we made the offer. 6. 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 de posited ih court the part of the judgment that is within the applicable Limit of Insurance. These payments will not reduce the Limits of Insurance. 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 busi ness. c. A limited liability company you are an in sured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insur eds 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 of e. Damages actually or allegedly arising out of any 1 failure of any investment to perform as predicted expected anticipated advertised or desired 2 advice given to any person with re spect to that person s decisioh to par ticipate or not to participate in any plan included in the employee benefit program 3 error in providing information on past performance of any investment vehi cle or 4 investment or non investment of funds. f. Damages arising out of your failure to comply with the mandatory provisions of any law concerning workers compensa tion employment compensation insurance social security or disability benefits law or any similar law. g. Damages for which the Insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Se curity Act of 1974 as how or hereafter amended or by any similar federal state or local law. h. Any claim arising from any failure to pay an employee benefit to the extent such employee benefit is payable from applica ble accrued funds or other collectible in surance with the reasonable effort and cooperation of the Insured. i. Any tax fine or penalty including but not limited to those imposed under the Inter nal Revenue Code or any similar state or local law. j. Damages actually or allegedly arising out of wrongful termination of employment any unlawful discrimination or any other employment related practice. Supplementary Payments We will pay with respect to any claim we in vestigate or settle or any suit against an insured we defend 1. All expenses we incur. CG 75 19 Ed 1207 XS Page 2 of 7 | 2 |
ficers and directors are insureds but only with respect to their duties as your of ficers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders.. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. The following are also insureds Each of your employees who is or was authorized to administer your employee benefit program but only with respect to their administration of your employee benefit program.. Any person organization or employee having proper temporary authorization to administer your employee benefit pro gram if you die but only with respect to their administration of your employee benefit program and 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 Form.. Any organization you newly acquire or form other than a partnership joint ven ture 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 1 coverage under this provision is af forded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier 2 coverage does not apply to negligent acts errors or omissions that oc curred 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 11l LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara tions 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 making claims or bringing suits d. negligent acts errors or omissions or e. benefits included in your employee bene fit program 2. The Limits of Liability shown in the Declara tions applicable to Each Claim is subject to the following provision respecting Aggregate the most we will pay for all damages arising out of any covered claim. The Limit of Liability shown in the Declarations as Aggregate is the most we will pay for the sum of all damages on account of all claims. The limits of this Coverage Part apply sepa rately 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 un less 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 Insurance. SECTION IV DEDUCTIBLE 1. Our obligation to pay damages on your behalf applies only to the amount of damages in excess of the deductible amount stated in the Declarations. The Limits of Insurance shall not be reduced by the amount of the deductible. 2. The terms of this insurance including those with respect to a our right and duty to defend any suits seeking those damages and b your duties and the duties of any other involved insured in the event of a neg ligent act error or omission claim or suit CG 75 19 Ed 1207 XS Page 3 of 7 | 2 |
apply irrespective of the application of the deductible amount. 3. 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 tak en you shall promptly reimburse us for such part of the deductible amount as has been paid by us. SECTION V EMPLOYEE BENEFITS 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 a Claim or Suit a. You and any other involved insured must see to it that we are notified as soon as practicable of any negligent act error or omission which may result in a claim. To the extent possible notice should include 1 how when and where the negligent act error or omission took place 2 the names and addresses of any in jured persons and withesses and 3 the nature of any injury or damage arising out of the negligent act error or omission. b. If a claim is received by an insured or a suit is brought against any insured you must 1 immediately record the specifics of the claim or suit and the date re ceived and 2 notify us as soon as practicable. You and any other involved insured 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 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 settlement or defense of the claim or suit and 4 assist us upon our request in the en forcement 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 their own cost voluntarily make a payment assume any obligation or incur any expense without our consent. 3. Legal Action Against Us No persoh or organization has a right under this Coverage Part a. to join us as a party or 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 re cover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not due under the terms of this Coverage Part or that are in excess of the Limits of Insurance. An agreed settlement means a settlement and release of lisbility signed by us the Insured and the claimant or the claimant s legal agent. 4. Other Insurance If other valid and collectible insurance is avail able to the Insured for a loss we cover under this Coverage Part our obligations are limited as follows a Primary Insurance This insurance is primary except when paragraph b. below applies. If this insur ance 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 de scribed in paragraph. below. CG 75 19 Ed 1207 XS Page 4 of 7 | 2 |
b Excess Insurance c As respects any additional insured added to this Policy by attachment of an en dorsement this insurance is excess over any other insurance available to that In sured that applies oh a primary basis to any claim suit negligent act error or omission or damages to which this Policy also applies. When this insurance is excess we will have no duty to defend that 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 1 the total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 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 provision and was hot 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 con tribution 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 In surance 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 meth od 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 endorsement in accordance with our rules and rates. b. Premium shown 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 hotice 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 pre miums paid for the policy term is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this Policy you agree a. the statements in the Declarations are ac curate and complete b. those statements are based upon repre sentations you made to us and. we have issued this Policy in reliance upon your representations. 7. Separation of Insureds Except with respect to the Limits of Insur ance and any rights or duties specifically as signed to the first Named Insured this insur ance applies a. as if each named insured were the only hamed 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 CG 75 19 Ed 1207 XS Page 5 of 7 | 2 |
. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with their own pretax dollars.. Claim means any demand made or suit brought by an employee or an employee s dependents or beneficiaries for damages as a result of a negligent act error or omission in the administration of your employee benefit program.. Coverage territory means the United States of America including its territories and pos sessions Puerto Rico and Canada.. Employee means a persoh currently or formerly employed on leave of absence dis abled or retired. Employee includes a leased worker. Employee does hot include a tem porary worker.. Employee benefit program means a pro gram providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that i no one other than an employee may subscribe to such bene fits and i such benefits are made gen erally available to those employees who satisfy the plan s eligibility requirements b. profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that i no one other than an employee may subscribe to such benefits and ii such benefits are made generally available to all employees who are eligble for such benefits under the plan. unemployment insurance social security benefits workers compensation and dis ability benefits d. vacation plans including buy and sell pro grams leave of absence programs in cluding those for military maternity fam 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 no tice 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 VI DEFINITIONS 1. Administration means a. giving counsel or providing information to employees or to their dependents or beneficiaries with respect to the eligibility for or scope of any employee benefit program b. interpreting any employee benefit pro gram. handling records in conhnection with any employee benefit program d. effecting enroliment or continuing termi nating or canceling any employee s par ticipation in any benefit included in an employee benefits program provided all such acts are authorized by you. However administration does hot include handling any payroll deductions. 2. 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 elec tronic means of communication and b. regarding web sites only that part of a web site that is about your goods pro ducts or services for the purpose of at tracting customers or supporters is con sidered an advertisement. CG 75 19 Ed 1207 XS Page 6 of 7 | 2 |
9. 10. n ily and civil leaves tuition assistance plans transportation and health club subsidies and e. any other similar plan designated in the Declarations or added thereto by en dorsement. Leased Worker means a person leased to you by a labor leasing firm under an agree ment between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does hot in clude a temporary worker. Negligent act error or omission means the failure to execute a required action or the execution of a mistaken action committed in the administration of the Insured s employee benefit program. Personal and advertising injury means in jury including consequential bodily injury arising out of one or more of the following offenses a. false arrest detention or imprisonment b. malicious prosecution c. the wrongful eviction from wrongful en ry into or invasion of the right of private occupancy of a room dwelling or prem ises that a person occupies committed by or on behalf of its owner landlord or lessor d. oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organizations goods products or ser vices e. oral or written publication in any manher of material that violates a person s right of privacy. 12 13. 14. f. the use of another s advertising idea in your advertisement g. infringing upon another s copyright trade dress or slogan in your advertisement. Property damage means a. physical injury to tangible property in cluding all resulting loss of use of that property or b. loss of use of tangible property that is not physically injured. For the purposes of this insurance elec tronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer soft ware including systems and applications software or hardware hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically con trolled equipment. Suit means a civil proceeding in which damages because of a negligent act error or omission to which this insurance applies are claimed. 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. Temporary worker means a person who substitutes for a permanent employee on leave or to meet seasonal or short term workload conditions. CG 75 19 Ed 1207 XS Page 7 of 7 | 2 |
AES 3013 Ed. 04 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM Schedule DEDUCTIBLE AMOUNT AND COVERAGE DEDUCTIBLE BASIS s Bodily Injury Liability X per claim Personal and Advertising Injury per occurrence Property Damage Liability Applicable to the sum of damages Supplementary Bodily Injury and Property Damage Liability Payments and defense costs 2500 Bodily Injury Personal and Advertising Injury and Property Damage Liability combined If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductibles apply to damages for all bodily injury personal and advertising injury and property damage however caused. 1. Qur obligation under Bodily Injury Liability Personal and Advertising Injury and Property Damage Liability Coverages to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. 2. The deductible applies for the deductible amount and coverage option and on the deductible basis indicated in the Schedule above. The deductible amount stated in the Schedule above applies as follows a. PER CLAIM BASIS If the deductible amount indicated in the Schedule is on a per claim basis that deductible applies as follows 1 Under the Bodily Injury Liability Personal and Advertising Injury Liability or Property Damage Liability Coverage respectively a to the sum of damages supplementary payments and defense costs because of bodily injury sustained by any ohe personh b to the sum of damages supplementary payments and defense costs because of personal and advertising injury sustained by any one persoh or DEDUCTIBLE BASIS X per claim per occurrence Applicable to the sum of damages Supplementary Payments and defense costs 2500 AES 3013 Ed. 0411 PRO Page 1 of 3 | 2 |
c to the sum of damages supplementary payments and defense costs because of property damage sustained by any one person 2 under Bodily Injury andor Property Damage Liability Coverage combined to the sum of damages supplementary payments and defense costs because of bodily injury and property damage sustained by any one person or 3 under Bodily Injury Personal and Advertising Injury andor Property Damage Liability Coverage combined to the sum of damages supplementary payments and defense costs because of bodily injury personal and advertising injury and property damage sustained by any ohe personh as a result of any one occurrence or offense. If damages are claimed for care loss of services or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to personal and advertising injury and property damage person includes organization. b. PER OCCURRENCE BASIS If the deductible amount indicated in the Schedule is on a per occurrence basis that deductible applies as follows 1 under the Bodily Injury Liability Personal and Advertising Injury Liability or Property Damage Liability Coverage respectively a to the sum of damages supplementary payments and defense costs because of bodily injury b to the sum of damages supplementary payments and defense costs because of personal and advertising injury or to the sum of damages supplementary payments and defense costs because property damage 2 under Bodily Injury andor Property Damage Liability Coverage combined to the sum of damages supplementary payments and defense costs because of all bodily injury and property damage or 3 under Bodily Injury Personal and Advertising Injury andor Property Damage Liability Coverage combined to the sum of damages supplementary payments and defense costs because of bodily injury personal and advertising injury and property damage as a result of any one occurrence or offense regardless of the number of persons or organizations who sustain damages because of that occurrence or offense. The terms of this insurance including those with respect to a our right and duty to defend any suits seeking those damages and b your duties in the event of an occurrence offense claim or suit apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon hotification of the action taken you shall promptly reimburse us for such part of the deductible amount that has been paid by us. The deductible applies whether or hot a payment for damages is made. AES 3013 Ed. 0411 PRO Page 2 of 3 | 2 |
Defense Costs mean all expenses incurred in the investigation defense and settlement of any claim or suit under this policy including attorneys fees court reporter fees charges for independent medical examinations and expert witnesses provided such claim expense is incurred by us or with our prior written permission. Defense Costs will not include salaried employees counsel on retainer and office expense of either you or us. AES 3013 Ed. 0411 PRO Page 3 of 3 | 2 |
AES 3206 Ed. 05 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIALTY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is a summary of the Limits of Insurance and additional coverage provided by this endorsement. For complete details oh specific coverages consult the Policy contract wording. Subjects of Insurance Non Owned Watercraft up to 51 feet Non Owned Aircraft Chartered with Crew Medical Expenses 5000 Limit Medical Expenses Completed Operations Dental Services Who Is an Insured Fellow Employee Coverage Broadened Named Insured Additional Insured Ongoing Operations Subject to Exclusions Additional Insured Vendors Subject to Exclusions Fire Legal Liability 300000 Limit Broad Notice of Occurrence Unintentional Errors or Omissions Waiver of Subrogation Non Employee Discrimination Incidental Malpractice Liability Contractual Liability for Railroad Exposures The following amends the Commercial General Liability Coverage Part NON OWNED WATERCRAFT SECTION COVERAGES Coverage A Bodily Injury and Property Damage Liability 2. Exclusions g. Aircraft Auto or Watercraft 2 is deleted and replaced with the following AES 3206 Ed. 0510 XS Page 1 of 7 | 2 |
This exclusion does not apply to 2 a watercraft that you do hot own that is a less than 51 feet long and b not being used to carry persons or property for a charge NON OWNED AIRCRAFT The following is added to SECTION COVERAGES Coverage A Bodily Injury and Property Damage Liability 2. Exclusions g. Aircraft Auto or Watercraft This exclusion does not apply to 6 An aircraft in which you have no ownership interest and that you have chartered with crew. MEDICAL PAYMENTS Unless Coverage C Medical Payments or the Products Completed Operations Hazard has been excluded from this Policy the following applies SECTION COVERAGES Coverage C Medical Payments 2.f. is deleted and replaced with the following f. Products Completed Operations Hazard Included within the products completed operations hazard. However this exclusion does hot apply to expenses for dental services. SECTION Il LIMITS OF INSURANCE 7. is deleted entirely and replaced with the following 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 is the greater of a. 5000 any one Person or b. the Medical Expense Limit shown in the Declarations. WHO IS AN INSURED SECTION Il WHO IS AN INSURED is deleted entirely and replaced with the following 1. If you are desighated 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 ohly 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. AES 3206 Ed. 0510 XS Page 2 of 7 | 2 |
An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured b. Your volunteer workers only while performing duties related to the conduct of your business and 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 is an insured for 1 Personal and advertising injury a to you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing 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 IMa above c for which there is any obligation to share damages with or repay someonhe else who must pay damages because of the injury described in paragraphs Ia or 1Mb above or 2 Bodily injury or Personal and advertising injury a arising out of incidental medical malpractice due to his or her providing or failing to provide professional health care services. However this exclusion does not apply to nurses emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services. 3 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 parther or member if you are a partnership or joint venture or any member if you are a limited liability company. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Any person or organization having proper temporary custody of your property if you die but only 1 with respect to liability arising out of the maintenance or use of that property and AES 3206 Ed. 0510 XS Page 3 of 7 | 2 |
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 that you own at the inception of this Policy or any organization you hewly acquire or form other than a partnership joint venture or limited liability company and over which you maintain during the policy period majority ownership or majority interest will qualify as a Named Insured if a. there is no other similar insurance available to that organization and b. the first Named Insured shown in the Declarations has the responsibility of placing insurance for that organization and. that organization is incorporated or organized under the laws of the United States of America. However 1 coverage under this provision 3. is afforded only until the next occurring anhual anniversary of the beginning of the policy period shown in the Declarations or the end of the policy period whichever is earlier and 2 coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and 3 coverage B does nhot apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. ADDITIONAL INSURED ONGOING OPERATIONS The following is added to SECTION Il WHO IS AN INSURED SECTION 2. e. Any person or organization called additional insured that you are required to add as an additional insured on this Policy under 1 a written contract or agreement or 2 an oral contract or agreement where a certificate of insurance showing that person or organization as an additional insured has been issued however the written or oral contract must be a currently in effect or becoming effective during the term of this Policy and b executed prior to the bodily injury property damage personal injury or advertising injury which first manifests on or after the date of the inception of this policy period as shown in the Declarations Page of the Policy but prior to the earlier of the date of expiration or cancellation of this Policy. With respect to the insurance afforded such additional insured the following additional provisions apply 1 that person or organization is only an additional insured with respect to liability arising out of a premises or equipment you own rent lease or occupy or AES 3206 Ed. 0510 XS Page 4 of 7 | 2 |
b your ongoing operations performed for that additional insured by or for you. The insurance provided to such additional insured does hot apply to bodily injury or property damage included within the products completed operations hazard. 2 The Limits of Insurance applicable to any such additional insured are those specified in the written contract or agreement or in the Declarations for this Policy whichever are less and are subject to the terms and conditions of this Coverage Form. These Limits of Insurance are inclusive of and hot in addition to the Limits of Insurance shown in the Declarations. 3 A person s or organization s status as an additional insured under this endorsement ends 30 days after your operations or agreement for that additional insured are completed or cease or the expiration of this Policy whichever is earlier. The insurance provided to any additional insured does hot apply to bodily injury property damage personal injury or advertising injury arising out of an architect s engineer s or surveyors 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 and 2 supervisory inspection or engineering services. It is further agreed that this insurance shall be primary and honcontributory but only in the event of the Named Insured s sole negligence. ADDITIONAL INSURED VENDORS The following is added to SECTION Il WHO IS AN INSURED 2 f. Any person or organization referred to below as vendor but only with respect to bodily injury or property damage arising out of your products which are distributed or sold in the regular course of the vendor s business subject to the following additional exclusions 1 The insurance afforded the vendor does not apply to 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 any physical or chemical change in the product made intentionally by the vendor d repackaging unless unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container e any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of busihess in connection with the distribution or sale of the products. f demonstration installation servicing or repair operations except such operations performed by the vendor in full compliance with the manufacturer s written instructions at the vendor s premises in connection with the sale of the product AES 3206 Ed. 0510 XS Page 5 of 7 | 2 |
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. th bodily injury or property damage arising out of the sole negligence of the vendors for its own acts or omission of those of its employees or anyone else acting on its behalf. However this exclusion does not apply to 1 the exceptions contained in subparagraphs d or f or 2 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 cohnection with the distribution or sale of the 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. 3 Itis further agreed that this insurance shall be primary and noncontributory but only in the event of the Named Insured s sole negligence. FIRE LEGAL LIABILITY SECTION Ill LIMITS OF INSURANCE 6. is deleted and replaced by the following 6. Subject to paragraph 5. above the Damage to Premises Rented to You Limit shown in the Declarations for damages because of property damage to any ohe premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with the permission of the owner is the greater of a. 300000 any One Premises or b. the Damage to Premises Rented to You Limit shown in the Declarations. DUTIES IN THE EVENT RR E. OF LAIM OR The following is added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 2. Duties in the Event of Occurrence Offense Claim or Suit e. Knowledge of any occurrence offense claim or suit by any agent servant or employee of the Named Insured does not in itself constitute knowledge by the Insured unless notice of such injury claim or suit shall have been received by an officer manager risk manager authorized employee or partner of a Named Insured. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 6. Representations d. If you unintentionally fail to disclose any hazards existing at the inception date of this Policy we will hot deny coverage under this Coverage Form because of such failure. However this does nhot affect our right to collect additional premium or exercise our right of cancellation or non renewal. AES 3206 Ed. 0510 XS Page 6 of 7 | 2 |
WAIVER OF SUBROGATION SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 8. is deleted and replaced with the following 8. Transfer or Rights of Recovery Against Others to Us a. 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 hothing after loss to impair those rights. At our request the Insured will bring suit or transfer those rights to us and help us enforce those rights. b. If required by a written insured contract executed prior to the occurrence or offense we waive any right of recovery we have against any person or organization named in such insured contract because of payments we make for injury or damage arising out of your onhgoing operations or your work for that person or organization. NON EMPLOYMENT DISCRIMINATION LIABILITY Unless Coverage B Personal and Advertising Injury Liability is excluded from this Policy the following applies The following is added to SECTION V DEFINITIONS 14. Personal and advertising injury h. discrimination or humiliation that results in injury to the feelings or reputation of a natural person but only if such discrimination or humiliation is not done intentionally by or at the direction of the Insured with the khowledge that the act would violate the rights of another and would inflict personal and advertising injury and not directly or indirectly related to the employment prospective employment or termination of employment of any person or persons by any insured. INCIDENTAL MALPRACTICE LIABILITY The following is added to SECTION V DEFINITIONS 23. Incidental Medical Malpractice means injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician dentist hurse emergency medical technician or paramedic who is employed by you to provide such services provided you are not engaged in the business or occupation of providing any services referred to in this definition. CONTRACTUAL LIABILITY FOR RAILROAD EXPOSURES SECTION V DEFINITIONS 9. Insured Contract f.1 is deleted in its entirety. This endorsement does not change any other provision of the Policy. AES 3206 Ed. 0510 XS Page 7 of 7 | 2 |
CG 21 49 Ed. 09 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART a request demand order or statutory or regulatory requirement that any Insured or others test for monitor clean up remove contain treat detoxify or heutralize or in any way respond to or assess the effects of pollutants or Exclusion f. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by thefol lowing This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. 2 Any loss cost or expense arising out of any 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. Copyright Insurance Services Office Inc 1998 CG 21 49 Ed. 0999 XS | 2 |
AES 3258 Ed. 07 11 EXCLUSION OF CLAIMS AND SUITS ALLEGING INFRINGEMENT OF INTELLECTUAL PROPERTY This endorsement applies to insurance under the COMMERCIAL GENERAL LIABILITY COVERAGE FORM I. Coverage B Personal and Advertising Injury Liability 2. Exclusions i. Infringement of Copyright Patent Trademark or Trade Secret is deleted and replaced by the following i. Claim or Suit Alleging Infringement of Intellectual Property 1 Any claim or suit that alleges personal and advertising injury arising out of any actual alleged or threatened misappropriation infringement or violation of any onhe or more of the following rights or laws a U m copyright patent trademark trade name trade secret trade dress service mark slogan service name claim of authorship other right to or law recognizing an interest in any expression idea likeness name style of doing business symbol or title laws or regulations concerning piracy unfair competition unfair trade practices or other similar practices or any other intellectual property right or law. This exclusion applies whether such misappropriation infringement or violation is committed in your advertisement or otherwise. 2 Any other bodily injury property damage personal and advertising injury or medical expenses alleged in a claim or suit that also alleges any misappropriation infringement or violation excluded by paragraph 1 of this exclusion. AES 3258 Ed. 0711 XS Page 1 of 2 | 2 |
The following exclusion is added to SECTION COVERAGES COVERAGE A Bodily Injury and Property Damage Liability 2. Exclusions Claim or Suit Alleging Infringement of Intellectual Property Any bodily injury or property damage alleged in any claim or suit that also alleges any personal and advertising injury of a kind described in paragraph 1 of Coverage B exclusion i. Claim or Suit Alleging Infringement of Intellectual Property. This endorsement does not change any other provision of the Policy. AES 3258 Ed. 0711 XS Page 2 of 2 | 2 |
IL 00 21 Ed. 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COVIMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY B. Under any Medical Payments Coverage to expenses incurred with respect to bodily injury resulting from the hazardous properties of huclear material and aris ing out of the operation of a nuclear fa cility by any person or organization. C. Under any Liability Coverage to bodily in jury or property damage resulting from hazardous properties of nuclear mate rial if 1 the nuclear material a is at any nu clear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 the nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 3 the bodily injury or property dam age arises out of the furnishing by an insured of services materials parts or equipment in conhection with the planning construction maintenance operation or use of any nuclear fa cility but if such facility is located within the United States of America its 1. The insurance does hot apply A. Under any Liability Coverage to bodily in jury or property damage 1 with respect to which an insured un der the Policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Li ability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its ter mination upon exhaustion of its Limit of Liability or 2 resulting from the hazardous prop erties of nuclear material and with respect to which a any person or organization is required to maintain fi nancial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the In sured is or had this Policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agree ment entered into by the United States of America or any agency thereof with any person or organization. Copyright 1SO Properties Inc 2007 Page 1 of 2 IL 00 21 Ed. 0908 XS | 2 |
territories or possessions or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product ma terial. Nuclear facility means a b e d any nuclear reactor any equipment or device desighed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the cus tody of the Insured at the premises where such equipment or device is lo cated consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus de signed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of ra dioactive contamination of property. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a con taining by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Copyright 1SO Properties Inc 2007 Page 2 of 2 IL 00 21 Ed. 0908 XS | 2 |
AES 3228 Ed. 11 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ORGANIC PATHOGEN EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM A. The following exclusion is added to paragraph 2. Exclusions of Section. Coverages Bodily Injury and Property Damage Liability 2. Exclusions This insurance does hot apply to Organic Pathogens a. Any bodily injury which would not have occurred in whole or in part but for the actual alleged threatened or suspected inhalation or ingestion of exposure to discharge dispersal seepage migration growth release or escape or contact with any organhic pathogen. b. Any property damage which would not have occurred in whole or in part but for the actual alleged threatened or suspected contact with exposure to discharge dispersal seepage migration growth release or escape existence of or presence of any organic pathogen. c. Any loss cost or expense arising out of any i 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 any organic pathogen or i 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 any organic pathogen. This exclusion applies regardless of the circumstances of or leading to such actual alleged threatened or suspected inhalation ingestion exposure contact existence or presence. B. The following exclusion is added to paragraph 2. Exclusions of Section I. Coverages Personal and Advertising Injury Liability of the Commercial General Liability Coverage Form 2. Exclusions This insurance does hot apply to AES 3228 Ed. 1110 XS Page 1 of 2 | 2 |
Organic Pathogens a. Any personal and advertising injury which would not have taken place in whole or in part but for the actual alleged threatened or suspected inhalation or ingestion of contact with exposure to existence of or presence of any organic pathogen. b. Any loss cost or expense arising out of any i 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 any organic pathogen or ii 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 any organic pathogen. This exclusion applies regardless of the circumstances of or leading to such actual alleged threatened or suspected inhalation ingestion exposure contact existence or presence. C. The following definition is added to the Definitions section Organic pathogen means any bacteria including Escherichia coli Salmonella Listerium microbe virus fungi mold mildew mycotoxins spores or their scent or byproducts. This endorsement does not change any other provision of the Policy. AES 3228 Ed. 1110 XS Page 2 of 2 | 2 |
Administrative Offices 301 E 4th Street Cincinnati Ohio 45202 4201 GREATAMERICAN Tel 1 513 368 5000 CG 83 61 Ed. 02 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR A. The following exclusion is added to paragraph 2. Exclusions of SECTION I. Coverage A. Bodily Injury and Property Damage Li ity of the Commercial General Liability Coverage Form and to paragraph 2. Exclu sions of SECTION I. COVERAGES of the Owners and Contractors Protective Liability Coverage Form Coverage for Operations of Designated Contractor 2. Exclusions This insurance does hot apply to Silica or Related Dust a. Any bodily injury which would hot have occurred in whole or in part but for the actual alleged threatened or suspected inhalation or ingestion of exposure to or contact with silica or dust that includes or contains sili ca b. Any property damage which would hot have occurred in whole or in part but for the actual alleged threatened or suspected contact with exposure to existence of or presence of sili ca or dust that includes or contains silica c. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing re mediating or disposing of or in any way responding to or assessing the effects of silica or dust that includes or contains silica by any insured or by any other person or entity. This exclusion applies regardless of i the circumstances of or leading to such actual alleged threat ened or suspected inhalation in gestion exposure contact exis tence or presence and ii whether the silica or dust that includes or contains silica is mixed or combined with or also includes or contains any other substance. B. The following exclusion is added to paragraph 2. Exclusions of SECTION I. Coverage B. Personal and Advertising Injury Liability of the Commercial General Liability Coverage Form 2. Exclusions This insurance does not apply to Silica or Related Dust a. Any personal and advertising injury which would not have taken place in whole or in part but for the actual alleged threatened or suspected in halation or ingestion of contact with exposure to existence of or pres ence of silica or dust that includes or contains silica CG 83 61 Ed. 0205 XS Page 1 of 2 | 2 |
b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing re mediating or disposing of or in any way responding to or assessing the effects of silica or dust that includes or contains silica by any insured or by any other persoh or entity. This exclusion applies regardless of i the circumstances of or leading to such actual alleged threat ened or suspected inhalation in gestion exposure contact exis tence or presence and i whether the silica or dust that includes or contains silica is mixed or combined with or also includes or contains any other substance. C. The following definition is added to the Defi nitions Section Silica means silicon dioxide SiO2 in any form from any source. CG 83 61 Ed. 0205 XS Page 2 of 2 | 2 |
CG 21 47 Ed. 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMIMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to paragraph 2. Exclusions of Section Coverage A Bodily Injury and Property Damage Liability This insurance does not apply to Bodily injury to 1 a person arising out of any a refusal to employ that person b termination of that person s employ ment or c employment related practices poli cies acts or omissions such as coer cion demotion evaluation reassign ment discipline defamation harass ment humiliation discrimination or malicious prosecution directed at that person or 2 the spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices de scribed in paragraphs a b or above is directed. This exclusion applies 1 whether the injury causing event de scribed in paragraphs a b or c above occurs before employment during employment or after employ ment 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 someohe 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 hot 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 employ ment or c employment related practices poli cies acts or omissions such as coer cion demotion evaluation reassign ment discipline defamation harass ment humiliation discrimination or malicious prosecution directed at that person or 2 the spouse child parent brother or sister of that person as a consequence of per sonal 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 de scribed in paragraphs a b or c above occurs before employment during em ployment 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 dam ages because of the injury. Copyright 1SO Properties Inc 2006 21 47 Ed 1207 XS CG 21 47 Ed. 1207 XS | 2 |
AES 3077 Ed. 07 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL LIABILITY TESTING AND CONSULTING ERRORS AND OMISSIONS EXCLUSION This insurance does hot apply to 1 Any bodily injury property damage personal and advertising injury arising out of the rendering of or failure to render any professionhal services. Any bodily injury property damage personal and advertising injury arising out of a. an error omission defect or deficiency in 1. any test performed or 2. an evaluation a consultation or advice given by or on behalf or any insured b. the reporting of or reliance upon any such test evaluation consultation or advice or. an error omission defect or deficiency in experimental data or the Insured s interpretation of that data. This endorsement does not change any other provision of the Policy. AES 3077 Ed. 0707 XS | 2 |
301 E 4th Street Cincinnati Ohio 45202 4201 GREATAMERICAN Tol 1 513 366 5000 r ESG 1001 Ed. 09 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PRE EXISTING DAMAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM A. The following is added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION I COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions Pre Existing Damage 1. Bodily injury or property damage arising out of or related in any way in whole or in part either directly or indirectly whether known or unkhown a. which first occurred prior to the inception date of this policy or the retroactive date of this policy if any whichever is earlier or b. which is or is alleged to be in the process of occurring as of the inception date of this policy or the retroactive date of this policy if any whichever is earlier. 2. Bodily injury or property damage arising out of or related in any way in whole or in part either directly or indirectly whether known or unknown which is in the process of settlement adjustment or suit as of the inception date of this policy or the retroactive date of this policy if any whichever is earlier. B. The following is added to PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM SECTION I COVERAGES PRODUCTS COMPLETED OPERATIONS Bodily Injury and Property Damage Liability 2. Exclusions Pre Existing Damage 1. Bodily injury or property damage arising out of or related in any way in whole or in part either directly or indirectly whether known or unkhown a. which first occurred prior to the inception date of this policy or the retroactive date of this policy if any whichever is earlier or b. which is or is alleged to be in the process of occurring as of the inception date of this policy or the retroactive date of this policy if any whichever is earlier. 2. Bodily injury or property damage arising out of or related in any way in whole or in part either directly or indirectly whether known or unknown which is in the process of settlement adjustment or suit as of the inception date of this policy or the retroactive date of this policy if any whichever is earlier. All Other Terms and Conditions Remain Unchanged. ESG 1001 Ed. 0913 | 2 |
AES 3018 Ed. 04 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE ASBESTOS EXCLUSION This insurance does not apply to a. Bodily injury property damage or personal and advertising injury arising whether in whole or in part and whether directly or indirectly out of any kind of asbestos including but not limited to any kind of asbestos contained or incorporated in any material or product. Any loss cost or expense arising out of any 1 request demand order writ injunction or judgment that any insured or others test for monitor clean up remove contain treat detoxify neutralize prevent abate or in any way respond to or assess the presence or effect of asbestos or 2 claim or suit for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing preventing abating or in any way responding to or assessing the presence or effect of asbestos. AES 3018 Ed. 0411 XS | 2 |
Administrative Offices 01 E 4th Street Cincil i Ohio 45202 4201 GREATAMERICAN ToF 1 515 365 5000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 77 94 Ed. 07 98 EXCLUSION LIABILITY ARISING OUT OF LEAD This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE PART This insurance does not apply to 1. bodily injury property damage or per sonal and advertising injury arising out of resulting from or in any way caused by or related to the actual alleged or threatened ingestion inhalation absorption or exposure to lead in any form from any source or 2. any loss cost expense liability or other type of obligation arising out of or resulting from or in any way related to any a. claim suit request demand directive or order by or on behalf of any person en tity or governmental authority that any In sured or others test for monitor clean up remove contain treat detoxify neu tralize or in any way respond to or as sess the effects of lead in any form from any source or to any b. claim or suit by or on behalf of any per son entity or governmental authority for damages or any other relief or remedy because of testing for monitoring clean ing up removing containing treating or detoxifying or heutralizing or in any way responding to or assessing the effects of lead in any form. We shall not be obligated to investigate on behalf of an Insured or to defend or indemnify an In sured or any persoh or entity claiming any right under the policy for the matters excluded in this endorsement. Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc 1998 CG 77 94 Ed 0798 XS | 2 |
AES 3103 Ed. 04 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. METAL GAS EXCLUSION This insurance does not apply to Bodily Injury Property Damage Personal and Advertising Injury arising out of or allegedly due to the existence inhalation exposure to or contact with Manganese Aluminum Zinc Magnesium Cadmium Nickel Beryllium Chromium Arsenic Iron Iron Oxide Copper Copper Oxide or any other metal gas fume or metal by product of metal heating processing or welding. AES 3103 Ed. 0411 XS | 2 |
AES 3045 Ed. 08 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AIRCRAFT PRODUCTS AND GROUNDING LIABILITY EXCLUSION This insurance does hot apply to liability arising out of aircraft products or reliance upon any representation or warranty made with respect thereto or any liability arising out of the grounding of any aircraft including missiles and spacecraft. Aircraft products means aircraft including missiles or spacecraft or any ground support or control equipment used therewith any aircraft part and goods or products installed in or on aircraft or used in cohnection with aircraft manufactured sold handled or distributed or services provided or recommended by any insured or by others trading under any insured s name. Aircraft products includes tooling used in the manufacture of aircraft products and also includes ground handling tools and equipment training aids instructions manuals blueprints engineering and other data engineering and other advice and services and labor relating to aircraft products. Grounding means the withdrawal of one or more aircraft including missiles or spacecraft from flight operations or the imposition of speed passenger or load restrictions on such aircraft by reason of the actual alleged or suspected existence of any defect fault or condition in such aircraft or any part thereof a sold handled or distributed by any insured or b manufactured assembled or processed by any other person or organization according to your specifications plans suggestions orders or drawings of any insured or with tools machinery or other equipment furnished to such persons or organizations by any insured whether such aircraft so withdrawn or restricted is or are owned or operated by the same or other persons or organizations. This endorsement does not change any other provision of the policy. AES 3045 Ed. 0807 XS | 2 |
AES 3229 Ed. 11 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYERS LIABILITY EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM Exclusion e. Employer s Liability under paragraph 2. Exclusions of SECTION COVERAGES Bodily Injury and Property Damage Liability is deleted and replaced by the following e. Employer s Liability Bodily injury to 1 an employee of any insured arising out of and in the course of a employment by any 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 1 whether the Insured may be liable as an employer or in any other capacity 2 to any obligation to share damages with or repay someone else who must pay damages because of the injury and 3 to liability assumed by any insured under an insured contract. This endorsement does not change any other provision of the Policy. AES 3229 Ed. 1110 XS | 2 |
AES 3216 Ed. 06 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BISPHENOL A BPA AND PHTHALATES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This insurance does not apply to any liability arising out of the use of Bisphenol A Phthalates or phthalate esters in any product AES 3216 Ed. 0610 XS | 2 |
AES 3022 Ed. 08 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PRODUCTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM Schedule Designated products Bicycle Helmets Ski Helmets Horse Helmets Work Related Safety Helmets Sold in the U.S. or Canada Only The coverage provided for the products completed operations hazard in this policy applies onhly to bodily injury or property damage arising out of your product shown in the above Schedule. AES 3022 Ed. 0812 Page 1 of 1 | 2 |
301 E 4th Street Cincinnati Ohio 45202 4201 GREATAMERICAN Tol 1 513 366 5000 r IL 73 24 Ed. 08 12 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. ECONOMIC AND TRADE SANCTIONS CLAUSE This insurance does hot apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. IL 73 24 Ed. 0812 | 2 |
301 E 4th Street Cincinnati Ohio 45202 4201 GREATAMERICAN Tol 1 513 366 5000 r AES 3004 Ed. 05 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM AUDIT CONDITION AMENDMENT Condition 5. Premium Audit Section IV is re placed by the following 5. Premium Audit Minimum Premium Mini mum Retained Premium a. We will compute all premiums for this Coverage Form in accordance with the terms and conditions of this policy. b. Premium shown in this policy as Advance Premium is a deposit premium. At the close of each audit period we will com pute the earned premium for that period. Audit premiums are due and payable upon notice to the first Named Insured. If the sum of the Advance and Audit Premiums paid for the policy term is greater than the earned premium we will return the excess to the first Named Insured subject to the minimum and minimum retained premiums described below.. In no event will the final premium retained by us be less than the minimum premium shown in the Declarations of this policy. If nho other premium is desighated specifi cally as a minimum premium. Such mini mum premium the Advance Premium shown in the Declarations is the minimum premium. Such minimum premium is sub ject to the short rate or prorate adjust ment according to policy provisions in case of cancellation of the policy.. This policy is also subject to a minimum retained premium of 25 of the Advance Premium shown in the Declarations of this policy. Such minimum retained premium is hot subject to prorate or short rate ad justment in the event of cancellation by you and we shall retain no less than the minimum retained premium regardless of the policy term. Cancellation of the policy for non payment of premium shall be deemed a request by you for cancellation of this policy thereby invoking the mini mum retained premium unless the short rate calculation earns more than the mini mum retained premium.. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. AES 3004 Ed. 0501 XS | 2 |
GREAT AMERICAN E S INSURANCE COMPANY PLEASE READ THIS CAREFULLY. SURPLUS LINES NOTIFICATION THE INSURANCE COMPANY WITH WHICH THIS COVERAGE HAS BEEN PLACED IS NOT LICENSED BY THE STATE OF NORTH CAROLINA AND IS NOT SUBJECT TO ITS SUPERVISION. IN THE EVENT OF THE INSOLVENCY OF THE INSURANCE COMPANY LOSSES UNDER THIS POLICY WILL NOT BE PAID BY ANY STATE INSURANCE GUARANTY OR INSOLVENCY FUND. NAME AND LICENSE NUMBER OF BROKER OR AUTHORIZED REPRESENTATIVE NCSN Ed. 0304 XS | 2 |
301 E 4th Street Cincinnati Ohio 45202 4201 GREATAMERICAN Tol 1 513 366 5000 r IL 72 10 Ed. 01 08 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT Rejection Of Offer You have rejected the offer of terrorism coverage for Acts of Terrorism that are certified under the Terrorism Risk Insurance Act as an Act of Terrorism. An exclusion of terrorism losses has been made a part of this policy. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall hot make any payment for any portion of the amount of such losses that exceeds 100 billion. You have rejected this offer of coverage. IL 72 10 Ed. 0108 XS | 2 |
CG 2175 Ed. 06 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES This endorsement modifies insurance under the following COMIMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added This insurance does not apply to 2. fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. physical injury that involves a substan tial risk of death or b. protracted and obvious physical dis figurement or. protracted loss of or impairment of the function of a bodily member or organ or 3. the terrorism involves the use release or escape of nuclear materials or directly or indirectly results in huclear reaction or ra diation or radioactive contamination or 4. the terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical ma terials or 5. pathogenic or poisonhous biological or chemical materials are released and it ap pears that one purpose of the terrorism was to release such materials. With respect to this exclusion paragraphs 1. and 2. describe the thresholds used to mea sure the magnitude of an incident of an other act of terrorism and the circumstances in Terrorism Any injury or damage arising directly or in directly out of a certified act of terrorism or out of an other act of terrorism that is committed outside of the United States in cluding its territories and possessions and Puerto Rico but within the coverage terri tory. However with respect to an other act of terrorism this exclusion applies only when one or more of the following are attributed to such act 1. the total of insured damage to all types of property exceeds 25000000 valued in US dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business in terruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for applica tion of any terrorism exclusions or Copyright I1SO Properties Inc 2008 Page 1 of 2 CG 21 75 Ed. 0608 XS | 2 |
which the threshold will apply for the purpose of determining whether this exclusion will ap ply to that incident 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 applica ble and includes but is not limited to bodily injury property damage per sonal 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 concurrence with the Sec retary of State and the Attorney General of the United States to be an act of ter rorism pursuant to the federal Terrorism Risk Insurance Act The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. the act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insur ance Act b. the act resulted in damage 1 within the United States including its territories and possessions and Puerto Rico or 2 outside of the United States in the case of a an air carrier as defined in Section 40102 of title 49 United States Code or Unit ed States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regu lation in the United States regardless of where the loss occurs or b the premises of any United States mission and c. 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. 3. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the Policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of ter rorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. In the event of any incident of a certified act of terrorism or an other act of terrorism that is not subject to this exclusion coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part. Copyright 1SO Properties Inc 2008 Page 2 of 2 CG 21 75 Ed. 0608 XS | 2 |
CG 21 76 Ed. 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added This insurance does not apply to Terrorism Punitive Damages Damages arising directly or indirectly out of a certified act of terrorism that are awarded as punitive damages. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Trea sury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act The criteria contained in the Terrorism Risk Insur ance Act for a certified act of terrorism include the following 1. the act resulted in insured losses in ex cess of 5 million in the aggregate attrib utable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. the act is a violent act or an act that is dangerous to human life property or in frastructure and is committed by an in dividual 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. Copyright 1SO Properties Inc 2007 CG 21 76 Ed 0108 XS | 2 |
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