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TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CGT1000219 SECTION COVERAGES Beginning on Page Coverage A Bodily Injury and Property Insuring Agreement Damage Liability Exclusions...... Coverage B Personal and Advertising Insuring Agreement.. Injury Liability Exclusions...... Coverage C Medical Payments Insuring Agreement Exclusions...... Supplementary Payments... SECTION Il WHO IS AN INSURED SECTION Ill LIMITS OF INSURANCE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Bankruptcy...... Duties In The Event Of Occurrence Offense Claim Or Suit. Legal Action Against Us Other Insurance. Premium Audit Representations. Separation Of Insureds Transfer Of Rights Of Recovery Against Others To Us When We Do Not Renew...... SECTION V DEFINITIONS.... TABLE OF CONTENTS CO 11 U0 Uc 19 SECTION COVERAGES Beginning on Page Coverage A Bodily Injury and Property Insuring Agreement.... Damage Liability Exclusions 2 Coverage B Personal and Advertising Insuring Agreement... 6 Injury Liability Exclusions 6 Coverage C Medical Payments Insuring Agreement... 9 Exclusions 9 Supplementary Payments ECTION Il WHO IS AN INSURED... ECTION Ill LIMITS OF INSURANCE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Bankruptcy Duties In The Event Of Occurrence Offense Claim Or Suit Legal Action Against Us.. Other Insurance. Premium Audit Representations... Separation Of Insureds Transfer Of Rights Of Recovery Against Others To Us When We Do Not Renew SECTION V DEFINITIONS Beginning on Page Coverage A Bodily Injury and Property Damage Liability Coverage B Personal and Advertising Injury Liability Coverage C Medical Payments Insuring Agreement... Exclusions Insuring Agreement... Exclusions Insuring Agreement... CGT0340219 | 2 |
COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. Page 1 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 0 |
COMMERCIAL GENERAL LIABILITY Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided that the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of bodily injury or property damage provided that 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 attomeys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that Page 2 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY is used to heat cool or dehumidify the building or produced by or originating from equipment that is used to heat water for personal use by the building s occupants or their guests Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c If such pollutants are or were at any time transported handled stored treated disposed of or processed as waste by or for i Anyinsured or ii Any person or organization for whom you may be legally responsible d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels Iubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor 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 contractor or subcontractor or i Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are or were at any time performing operations to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Page 3 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY b Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a 50 feet long or less and b Not being used to carry any person or property for a charge Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured C Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify as mobile equipment under the definition of mobile equipment if such land vehicle were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment or 6 An aircraft that is a Chartered with a pilot to any insured b Not owned by any insured and c Not being used to carry any person or property for a charge. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. War Bodily injury or property damage arising out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured Page 4 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to premises damage. A separate limit of insurance applies to premises damage as described in Paragraph 6. of Section Ill Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. Unsolicited Communication Bodily injury or property damage arising out of any actual or alleged violation of any law that restricts or prohibits the sending transmitting or distributing of unsolicited communication. Access Or Disclosure Of Confidential Or Personal Information Bodily injury or property damage arising out of any access to or disclosure of any person s or organization s confidential or personal information. Asbestos 1 Bodily injury or property damage arising out of the actual or alleged presence or actual alleged or threatened dispersal of asbestos asbestos fibers or products containing asbestos provided that the bodily injury or property damage is caused or contributed to by the hazardous properties of asbestos. Page 5 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 2 Bodily injury or property damage arising out of the actual or alleged presence or actual alleged or threatened dispersal of any solid liquid gaseous or thermal irritant or contaminant including smoke vapors soot fumes acids alkalis chemicals and waste and that are part of any claim or suit which also alleges any bodily injury or property damage described in Paragraph 1 above. Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of asbestos asbestos fibers or products containing asbestos or b Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of asbestos asbestos fibers or products containing asbestos. Employment Related Practices Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that employment or c Employment related practice policy act or omission such as coercion person s demotion evaluation reassignment discipline failure to promote or advance harassment humiliation discrimination libel slander violation of the person s right of privacy malicious prosecution or false arrest detention or imprisonment applied to or directed at that person regardless of whether such practice policy act or omission occurs is applied or is committed before during or after the time of that person s employment or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraph a b or c above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the bodily injury. Exclusions c. through n. do not apply to premises damage. A separate limit of insurance applies to premises damage as described in Paragraph 6. of Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Page 6 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY This exclusion does not apply to personal injury caused by malicious prosecution. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication including publication by electronic means of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Or Used Prior To Policy Period 1 Personal and advertising injury arising out of oral or written publication including publication by electronic means of material whose first publication took place before the beginning of the policy period or 2 Advertising injury arising out of infringement of copyright title or slogan in your advertisement whose first infringement in your advertisement was committed before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Because of personal injury assumed by you in a contract or agreement that is an insured contract provided that the personal injury is caused by an offense committed subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed by you in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of personal injury provided that 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 b Such attomeys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Breach Of Contract Advertising injury arising out of a breach of contract. Quality Or Performance Of Goods Failure To Conform To Statements Advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description Of Prices Advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Intellectual Property Personal and advertising injury arising out of any actual or alleged infringement or violation of any of the following rights or laws or any other personal and advertising injury alleged in any claim or suit that also alleges any such infringement or violation 1 Copyright 2 Patent 3 Trade dress 4 Trade name 5 Trademark 6 Trade secret or 7 Other intellectual property rights or laws. This exclusion does not apply to 1 Advertising injury arising out of any actual or alleged infringement or violation of another s copyright title or slogan in your advertisement or 2 Any other personal and advertising injury alleged in any claim or suit that also alleges any such infringement or violation of another s copyright title or slogan in your advertisement. Insureds In Media And Internet Type Businesses Personal and advertising injury caused by an offense committed by an insured whose business is 1 Advertising broadcasting or publishing Page 7 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 2 Designing or determining content of websites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs a.1 2 and 3 of the definition of personal injury. For the purposes of this exclusion 1 Creating and producing correspondence written in the conduct of your business bulletins financial or annual reports or newsletters about your goods products or services will not be considered the business of publishing and 2 The placing of frames borders or links or advertising for you or others anywhere on the Internet will not by itself be considered the business of advertising broadcasting or publishing. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts or owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. Pollution Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. War Personal and advertising injury arising out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Unsolicited Communication Personal and advertising injury arising out of any actual or alleged violation of any law that restricts or prohibits the sending transmitting or distributing of unsolicited communication. Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. Asbestos 1 Personal and advertising injury arising out of the actual or alleged presence or actual alleged or threatened dispersal of asbestos asbestos fibers or products containing asbestos provided that the personal and advertising injury is caused or contributed to by the hazardous properties of asbestos. Personal and advertising injury arising out of the actual or alleged presence or actual alleged or threatened dispersal of any solid liquid gaseous or thermal irritant or contaminant including smoke vapors soot fumes acids alkalis chemicals and waste and that are part of any claim or suit which also alleges any personal and advertising injury described in Paragraph 1 above. 3 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or Page 8 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY assess the effects of asbestos asbestos fibers or products containing asbestos or Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of asbestos asbestos fibers or products containing asbestos. b Employment Related Practices Personal injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practice policy act or omission such as coercion demotion evaluation reassignment discipline failure to promote or advance harassment humiliation discrimination libel slander violation of the person s right of privacy malicious prosecution or false arrest detention or imprisonment applied to or directed at that person regardless of whether such practice policy act or omission occurs is applied or is committed before during or after the time of that person s employment or 2 The spouse child parent brother or sister of that person as a consequence of personal injury to that person at whom any of the employment related practices described in Paragraph a b or c above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the personal injury. COVERAGE C MEDICAL PAYMENTS Insuring Agreement We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. Page 9 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request wil be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverages Coverage A Bodily Injury And Property Damage Liability or Paragraph 2.e. of Section Coverages Coverage B Personal And Advertising Injury Liability such payments will not be deemed to be damages for bodily injury property damage or personal injury and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when SUPPLEMENTARY PAYMENTS 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend All expenses we incur. Up to 2500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been Page 10 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY We have used up the applicable limit of insurance in the payment of judgments settlements or medical expenses or The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal 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 To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1 or b above or Arising out of his or her providing or failing to provide professional health care services. Unless you are in the business or occupation of providing professional health care services Paragraphs 1a. b c and d above do not apply to bodily injury arising out of providing or failing to provide first aid or Good Samaritan services by any of your employees or volunteer workers other than an employed or volunteer doctor. Any such employees or volunteer workers providing or failing to provide first aid or Good Samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. b d Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. Page 11 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 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. e. Any person or organization that with your express or implied consent either uses or is responsible for the use of a watercraft that you do not own that is 1 50 feet long or less and 2 Not being used to carry any person or property for a charge. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and of which you are the sole owner or in which you maintain an ownership interest of more than 50 will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 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. An organization other than a partnership joint venture or limited liability company or b. Atrust as indicated in its name or the documents that govern its structure. Any person or organization that is a premises owner manager or lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured but only with respect to liability for bodily injury property damage or personal and advertising injury that a. Is bodily injury or property damage that occurs or is personal and advertising injury caused by an offense that is committed subsequent to the signing of that contract or agreement and b. Arises out of the ownership maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner manager or lessor is subject to the following provisions a. The limits of insurance provided to such premises owner manager or lessor will be the minimum limits that you agreed to provide in the written contract or agreement or the limits shown in the Declarations whichever are less. b. The insurance provided to such premises owner manager or lessor does not apply to 1 Any bodily injury or property damage that occurs or personal and advertising injury caused by an offense that is committed after you cease to be a tenant in that premises or Structural alterations new construction or demolition operations performed by or on behalf of such premises owner manager or lessor. 5. Any person or organization that is an equipment lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured but only with respect to liability for bodily injury property damage or personal and advertising injury that a. Is bodily injury or property damage that occurs or is personal and advertising injury caused by an offense that is committed subsequent to the signing of that contract or agreement and b. Is caused in whole or in part by your acts or omissions in the maintenance operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions a. The limits of insurance provided to such equipment lessor will be the minimum limits that you agreed to provide in the written contract or agreement or the limits shown in the Declarations whichever are less. b. The insurance provided to such equipment lessor does not apply to any bodily injury or property damage that occurs or personal and advertising injury caused by an offense that is committed after the equipment lease expires. No person or organization is an insured with respect to the conduct of any current or past partnership joint Page 12 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY venture or limited liability company that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership joint venture or limited liability company that otherwise qualifies as an insured under Section Il Who Is An Insured. SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal injury and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. For the purposes of determining the applicable Each Occurrence Limit all related acts or omissions committed in providing or failing to provide first aid or Good Samaritan services to any one person will be deemed to be one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of premises damage to any one premises. The Damage To Premises Rented To You Limit will be a. The amount shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part or b. 300000 if no amount is shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit most we will pay ught or making claims or 5 the most we will pay overage C A except damages or property damage completed operations B. perations Aggregate inder Coverage A for Page 13 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 2 Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and C Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. The following provisions apply to Paragraph a. above but only for purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section Il Who Is An Insured 1 Notice to us of such occurrence or offense must be given as soon as practicable only after the occurrence or offense is known to you if you are an individual any of your partners or members who is an individual if you are a partnership or joint venture any of your managers who is an individual if you are a limited liability company any of your executive officers or directors if you are an organization other than a partnership joint venture or limited liability company any of your trustees who is an individual if you are a trust or any employee authorized by you to give notice of an occurrence or offense. 2 If you are a partnership joint venture limited liability company or trust and none of your partners joint venture members managers or trustees are individuals notice to us of such occurrence or offense must be given as soon as practicable only after the occurrence or offense is known by a Any individual who is A partner or member of any partnership or joint venture ii A manager of any limited liability company iii An executive officer or director of any other organization or iv A trustee of any trust that is your partner joint venture member manager or trustee or b Any employee authorized by such partnership joint venture limited liability company trust or other organization to give notice of an occurrence or offense. Notice to us of such occurrence or offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us of the occurrence or offense as soon as practicable after any of the persons described in Paragraph e.1 or 2 above discovers that the occurrence or offense may result in sums to which the insurance provided under this Coverage Part may apply. However if this policy includes an endorsement that provides limited coverage for bodily injury or property damage or pollution costs arising out of a discharge release or escape of pollutants which contains a requirement that the discharge release or escape of pollutants must be reported to us within a specific number of days after its abrupt commencement this Paragraph e. does not affect that requirement. Legal Action Against Us No person or organization has a right under this Coverage Part 3 a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Page 14 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY Other Insurance If valid and collectible other insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as described in Paragraphs a. and b. below. As used anywhere in this Coverage Part other insurance means insurance or the funding of losses that is provided by through or on behalf of i Another insurance company i Us or any of our affiliated insurance companies except when the Non cumulation of Each Occurrence Limit provision of Paragraph 5. of Section Il Limits Of Insurance or the Non cumulation of Personal and Advertising Injury Limit provision of Paragraph 4. of Section Ill Limits of Insurance applies because the Amendment Non Cumulaton Of Each Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising Injury Limit endorsement is included in this policy iii Any risk retention group or iv Any self insurance method or program in which case the insured will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance or excess insurance that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. As used anywhere in this Coverage Part other insurer means a provider of other insurance. As used in Paragraph c. below insurer means a provider of insurance. a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below except when Paragraph d. below applies. b. Excess Insurance 1 This insurance is excess over Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work 3 4 i That is insurance for premises damage i If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to any exclusion in this Coverage Part that applies to aircraft autos or watercraft iv That is insurance available to a premises owner manager or lessor that qualifies as an insured under Paragraph 4. of Section Il Who Is An Insured except when Paragraph d. below applies or That is insurance available to an equipment lessor that qualifies as an insured under Paragraph 5. of Section Il Who Is An Insured except when Paragraph d. below applies. Any of the other insurance whether primary excess contingent or on any other basis that is available to the insured when the insured is an additional insured or is any other insured that does not qualify as a named insured under such other insurance. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and The total of all deductible and self insured amounts under all that other insurance. v b b We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Page 15 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis or a primary and non contributory basis this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured and we will not share with that other insurance provided that 1 The bodily injury or property damage for which coverage is sought occurs and 2 The personal and advertising injury for which coverage is sought is caused by an offense that is committed subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. 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 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. 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 accurate and complete b. Those statements are based representations you made to us and c. 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 nonrenewal 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 b. Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. upon SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY Advertising injury a. Means injury caused by one or more of the following offenses 1 Oral or written publication including publication by electronic means of material in your advertisement that slanders or libels a person or organization or disparages a person s or 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 2 Oral or written publication including publication by electronic means of material in your advertisement that a Appropriates a person s name voice photograph or likeness or b 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 of such copyright title or slogan. b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means a. Physical harm including sickness or disease sustained by a person or b. Mental anguish injury or illness or emotional distress resulting at any time from such physical harm sickness or disease. Broadcasting means transmitting any audio or visual material for any purpose a. By radio or television or b. In by or with any other electronic means of communication such as the Internet if that material is part of 1 Radio or television programming being transmitted 2 Other entertainment educational instructional music or news programming being transmitted or 3 Advertising transmitted with any of such programming. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. written publication including on by electronic means of material advertisement that ropriates a person s name voice ograph or likeness or asonably places a person in a light or nent of copyright title or slogan advertisement provided that the made or the suit is brought by a or organization that claims ip of such copyright title or dily injury caused by one or more ses described in Paragraph a. tor vehicle trailer or semitrailer travel on public roads including machinery or equipment or and vehicle that is subject to a or financial responsibility law or vehicle insurance law where it is rincipally garaged. does not include mobile ans m including sickness or disease aperson or ish injury or illness or emotional sulting at any time from such 1 icknese or diceace 2 3 provic dama the te settler Elect progr transr syster disks proce used Emp does Page 17 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 10. Good Samaritan services means any emergency 11. 12. 13. medical services for which no compensation is demanded or received. Hostile fire means a fire which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for premises damage is not an insured contract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury property damage or personal injury to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks roadbeds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 2 above and supervisory inspection architectural or engineering activities. 14. Leased worker means a person leased to you by a 15. 16. labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads Page 18 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers 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 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Such land vehicles are considered autos. 17. Occurrence means a. An accident including continuous or repeated exposure to substantially the same general harmful conditions or 18. 19. b. An act or omission committed in providing or failing to provide first aid or Good Samaritan services to a person unless you are in the business or occupation of providing professional health care services. Personal and advertising injury means personal injury or advertising injury. Personal injury b. Means injury other than advertising injury caused by one or more of the following offenses 1 False arrest detention or imprisonment 2 Malicious prosecution 3 The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies provided that the wrongful eviction wrongful entry or invasion of the right of private occupancy is committed by or on behalf of the owner landlord or lessor of that room dwelling or premises 4 Oral or written publication including publication by electronic means of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services provided that the claim is made or the suit is brought by a person or organization that claims to have been slandered or libeled or that claims to have had its goods products or services disparaged or 5 Oral or written publication including publication by electronic means of material that a Appropriates a person s name voice photograph or likeness or b Unreasonably places a person in a false light. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. 20. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Page 19 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 21. Premises damage means a. With respect to the first paragraph of the exceptions in Exclusion j. of Section I Coverage A Bodily Injury And Property Damage Liability property damage to any premises while rented to you for a period of seven or fewer consecutive days including the contents of such premises or With respect to the exception to Exclusions c. through n. in the last paragraph of Paragraph 2. of Section Coverage A Bodily Injury And Property Damage Liability property damage to any premises while rented to you for a period of more than seven consecutive days or while temporarily occupied by you with permission of the owner caused by 1 Fire 2 Explosion 3 4 Smoke resulting from fire explosion or lightning or 5 Water. But premises damage under this Paragraph b. does not include property damage to any premises caused by Lightning 1 Rupture bursting or operation of pressure relief devices 2 Rupture or bursting due to expansion or swelling of the contents of any building or structure caused by or resulting from water or Explosion of steam boilers steam pipes steam engines or steam turbines. 22. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your b. contract calls for work at more than one job site. 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. c Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The uninstalled existence of tools equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 23. Property damage means Physical injury to tangible property including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it or. Loss of use of tangible property that is not physically injured. All such loss of use will 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. 24. Slogan b. 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. Page 20 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 25. 26. 27. 28. 29. 30. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Title means a name of a literary or artistic work. Unsolicited communication means any communication in any form that the recipient of such communication did not specifically request to receive. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by 31. a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. Does not include vending machines or other property rented to or located for the use of others but not sold. Your work Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 21 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION REAL ESTATE DEVELOPMENT ACTIVITIES COMPLETED OPERATIONS This endorsement 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 Real Estate Development Activities Bodily injury or property damage included in the products completed operations hazard and arising out of any real estate development activities by or on behalf of any insured. The following is added to Paragraph b.3 of the definition of products completed operations hazard in the DEFINITIONS Section However this Paragraph 3 does not apply to any real estate development activities by or on behalf of any insured. The following is added to the DEFINITIONS Section Real estate development activities a. Means the design site preparation construction marketing or sales of residential commercial or industrial buildings. b. Does not include repair maintenance renovation alteration or addition to an existing building owned by the Named Insured. Page 1 of 1 CGD2370219 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modifies insurance provided under the following 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. Who Is An Insured Unnamed Subsidiaries B. Who Is An Insured Employees And Volunteer Workers Bodily Injury To Co Employees And Co Volunteer Workers C. Who Is An Insured Newly Acquired Or Formed Limited Liabil ity Companies D. Blanket Additional Insured Persons Or Organizations For Your Ongoing Operations As Required By Written Contract Or Agreement E. Blanket Additional Insured Broad Form Vendors F. Blanket Additional Insured Controlling Interest PROVISIONS A. 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 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.. 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 Blanket Additional Insured Grantors Of Franchises Incidental Medical Malpractice Blanket Waiver Of Subrogation For purposes of Paragraph 1. of Section Il Who Is An Insured each such subsidiary wil be deemed to be designated in the Declarations as a. A limited liability company An organization other than a partnership joint venture or limited liability company or c. Atrust as indicated in its name or the documents that govern its structure.. WHO IS AN INSURED EMPLOYEES AND VOLUNTEER WORKERS BODILY INJURY TO CO EMPLOYEES AND CO VOLUNTEER WORKERS The following is added to Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED Paragraphs 1a b and c above do not apply to bodily injury to a coemployee while in the course of the coemployee s employment by you or performing duties related to the conduct of your business or to bodily injury to your other volunteer workers while performing duties related to the conduct of your business. G. Blanket Additional Insured Mortgagees Assignees Successors Or Receivers H. Blanket Additional Insured Governmental Entities Permits Or Authorizations Relating To Premises I. Blanket Additional Insured Governmental Entities Permits Or Authorizations Relating To Operations J. Blanket Additional Insured Grantors Of Franchises K. Incidental Medical Malpractice L. Blanket Waiver Of Subrogation For purposes of Paragraph 1. of Section Il Who Is An Insured each such subsidiary wil be deemed to be designated in the Declarations as a. A limited liability company An organization other than a partnership joint venture or limited liability company or c. Atrust as indicated in its name or the documents that govern its structure. B. WHO IS AN INSURED EMPLOYEES AND VOLUNTEER WORKERS BODILY INJURY TO CO EMPLOYEES AND CO VOLUNTEER WORKERS The following is added to Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED Paragraphs 1a b and c above do not apply to bodily injury to a coemployee while in the course of the coemployee s employment by you or performing duties related to the conduct of your business or to bodily injury to your other volunteer workers while performing duties related to the conduct of your business. Page 1 of 5 CG D1860219 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY C. WHO IS AN INSURED NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES 1. The following replaces the first sentence of Paragraph 3. of SECTION Il WHO IS AN INSURED 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 similar insurance available to that organization. 2. The following replaces the last sentence of Paragraph 3. of SECTION Il WHO IS AN INSURED 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. Atrust as indicated in its name or the documents that govern its structure. D. BLANKET ADDITIONAL INSURED PERSONS OR ORGANIZATIONS FOR YOUR ONGOING OPERATIONS AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to SECTION Il WHO IS AN INSURED Any person or organization that is not otherwise an insured under this Coverage Part and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Partis 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. E. BLANKET ADDITIONAL INSURED BROAD FORM VENDORS The following is added to SECTION Il 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 b. Arises out 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 pro visions 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 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 manufacturer and then repackaged in the original container 4 Any failure to make such inspections adjustments tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business in connection with the distribution or sale of your products 5 Demonstration installation servicing or repair operations except such operations performed at such vendor s premises in connection with the sale of your products or 6 Your products that 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 on behalf of such vendor. Page 2 of 5 CG D1860219 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY Coverage under this provision does not apply to a. 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 b. Any vendor for which coverage as an additional insured specifically is scheduled by endorsement. BLANKET ADDITIONAL INSURED CONTROLLING INTEREST 1. The following is added to SECTION Il WHO IS AN INSURED Any person or 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 of 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. 2. The following is added to Paragraph 4. of SECTION Il WHO IS AN INSURED This paragraph does not apply to any premises owner manager or lessor that has financial control of you. BLANKET ADDITIONAL INSURED MORTGAGEES ASSIGNEES SUCCESSORS OR RECEIVERS The following is added to SECTION Il WHO IS 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 receiver for bodily injury property damage or personal and advertising injury that a. Is bodily injury or property damage that occurs or is personal and advertising injury caused by an offense that is committed subsequent to the signing of that contract or agreement and b. 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. b. 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 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. BLANKET ADDITIONAL INSURED GOVERNMENTAL ENTITIES PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION Il 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 Partis 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. 2 Page 3 of 5 CG D1860219 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY The following replaces the last paragraph of Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED Unless you are in the business or occupation of providing professional health care services Paragraphs 1a b c and d above do not apply to bodily injury arising out of providing or failing to provide a Incidental medical services by any of your employees who is a nurse nurse assistant emergency medical technician paramedic athletic trainer audiologist dietician nutritionist occupational therapist or occupational therapy assistant physical therapist or speech language pathologist or b First aid or Good Samaritan services by any of your employees or volunteer workers other than an employed or volunteer doctor. Any such employees or volunteer workers providing or failing to provide first aid or Good Samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. The following replaces the last sentence of Paragraph 5. of SECTION Ill LIMITS OF INSURANCE For the purposes of determining the applicable Each Occurrence Limit all related acts or omissions committed in providing or failing to provide incidental medical services first aid or Good Samaritan services to any one person will be deemed to be one occurrence. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Sale Of Pharmaceuticals Bodily injury or property damage arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by or with the knowledge or consent of the insured. I. BLANKET ADDITIONAL INSURED GOVERNMENTAL ENTITIES PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION Il 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 govemmental entity does not apply to a. Any bodily injury property damage or personal and advertising injury arising out of operations performed for the govemmental entity or b. Any bodily injury or property damage included in the products completed operations hazard. J. BLANKET ADDITIONAL INSURED GRANTORS OF FRANCHISES The following is added to SECTION Il WHO IS AN INSURED Any person or organization that grants a franchise to you is an insured but only with respect to liability for bodily injury property damage or personal and advertising injury arising out of your operations in the franchise granted by that person or organization. If a written contract or agreement exists between you and such additional insured 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. K. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of occurrence in the DEFINITIONS Section b. An act or omission committed in providing or failing to provide incidental medical services first aid or Good Samaritan services to a person unless you are in the business or occupation of providing professional health care services. Page 4 of 5 CG D1860219 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY 5. The following is added to the DEFINITIONS Section Incidental medical services means a. Medical surgical dental laboratory x ray or nursing service or treatment advice or instruction or the related furnishing of food or beverages or b. The furnishing or dispensing of drugs or medical dental or surgical supplies or appliances. The following is added to Paragraph 4.b. Excess Insurance of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS This insurance is excess over any valid and collectible other insurance whether primary excess contingent or on any other basis that is available to any of your employees for bodily injury that arises out of providing or failing to provide incidental medical services to any person to the extent not subject to Paragraph 2.a.1 of Section Il Who Is An Insured. 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 property damage that occurs or b. Personal and advertising injury caused by an offense that is committed subsequent to the execution of the contract or agreement. Page 5 of 5 CG D1860219 2017 The Travelers Indemnity Company. All rights reserved. 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 1. Paragraph 5 of SECTION Ill LIMITS OF INSUR ANCE is amended to include the following Non cumulation of Each Occurrence Limit If one occurrence causes bodily injury andor prop erty damage during the policy period and during the policy period of one or more prior andor future policies that include a commercial general liability coverage part for the insured issued by us or any affiliated insurance company the amount we will pay is limited. This policy s Each Occurrence 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 occur rence. 2. Paragraph 4 of SECTION Il LIMITS OF INSUR ANCE is amended to include the following Non cumulation of Personal and Advertising Limit If personal injury andor advertising injury is sustained by any one person or organization dur ing the policy period and during the policy period of one or more prior andor future policies that include a commercial general liability coverage part for the insured issued by us or any affiliated insurance company the amount we will pay is limited. This policy s Personal Injury and Advertis ing Injury Limit will be reduced by the amount of each payment made by us and any affiliated in surance company under the other policies be cause of such personal injury andor advertising injury. Copyright Travelers Indemnity Company 1997 Page 1 of 1 CG D203 1297 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage 2. Exclusions This insurance does not apply to Fungi or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contrib uted concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treat ing detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria a. Personal injury or advertising injury which would not have taken place in whole or in part but for the actual al leged or threatened inhalation of inges tion of contact with exposure to exis tence of or presence of any fungi or bacteria on or within a building or struc ture including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treat ing detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity.. The following definition is added to the Defini tions Section Fungi means any type or form of fungus in cluding mold or mildew and any mycotoxins spores scents or byproducts produced or re leased by fungi. Copyright The Travelers Indemnity Company 2002 Includes copyrighted material of Insurance Services Office Page 10of 1 CG D243 0102 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT 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 Para graph 2 of Exclusion b. Contractual Liability in Paragraph 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 contract provided that the bodily injury or property damage occurs subsequent to the execut ion of the contract or agreement. Solely for the purposes of liability assumed by you in an insured contract rea sonable attorney fees and nece ssary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of bodily injury or property dam age provided that a Liability to such party for or for the cost of that party s defense has also been as sumed by you in the same insured con tract and b Such attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute reso lution proceeding in which damages to which this insurance applies are al leged. The following replaces the beginning of Para graph 2. and Paragraphs 2.a. b. c. d. and e. of SUPPLEMENTARY PAYMENTS COVER AGES A AND B of SECTION COVERAGES 2. If we defend you against a suit and your in demnitee is also named as a party to the suit we will have the right and duty to de fend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which you have assumed the liability of the indemnitee in a contract or agreement that is an insured con tract b. This insurance applies to such liability as sumed by you c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by you in the same in sured contract d. The allegations in the suit and the in formation we know about the occur rence or offense are such that we de termine that no conflict exists between your interests and the interests of the in demnitee e. You and the indemnitee ask us to con duct and control the defense of that in demnitee against such suit and agree that we can assign the same counsel to defend you and the inde mnitee and The following replaces the last sentence of Paragraph 2. of SUPPLEMENTARY PAY MENTS COVERAGES A AND B of SEC TION COVERAGES Our obligation to defend your indemnitee and to pay for attorneys fees and necessary litiga tion expenses as Supplementary Payments ends when a. We have used up the applicable limit of insurance in the payment of judgments settlements or medical expenses or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. Page 1 of 1 CG D4 2107 08 2008 The Travelers Companies Inc. Includes the copyrighted material of Insurance Services Office 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 exclusion 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 protection law or any other bodily in jury 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 COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY Violation Of Consumer Financial Protection Laws Personal injury or advertising injury arising out of any actual or alleged violation of a con sumer financial protection law or any other personal injury or advertising injury alleged in any claim or suit that also alleges any such violation. The following is added to the DEFINITIONS Section Consumer financial identity information means any of the following information for a person that is used or collected for the purpose of serving as a factor in establishing such person s eligibil ity for personal credit insurance or employment or for the purpose of conducting a business transaction a. Part or all of the account number the expi ration 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 capac ity. c. Social security number. d. Drivers license number. e. Birth date. Consumer financial protection law means a. The Fair Credit Reporting Act FCRA and any of its amendments including the Fair and Accurate Credit Transactions Act FACTA b. California s Song Beverly Credit Card Act and any of its amendments or c. Any other law or regulation that restricts or prohibits the collection dissemination transmission distribution or use of con sumer financial identity information. Page 10of 1 CG D6 1810 11 2011 The Travelers Indemnity Company. All rights reserved | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DISCRIMINATION This endorsement 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 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 discrimination under federal state or local law. The following exclusion is added to Paragraph 2. Exclusions of SECTION 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 discrimination under federal state or local law. Page 1of 1 CGD1420219 2017 The Travelers Indemnity Company. Al rights reserved. 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 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 COVER AGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY or SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS BODILY INJURY AND PROP ERTY DAMAGE LIABILITY whichever section is included in the Coverage Part Aircraft Products And Grounding Bodily injury or property damage included within the products completed operations haz rd and arising out of any aircraft product or the grounding of any aircraft. The following is added to the DEFINITIONS Sec tion Aircraft product means a. Aircraft including missile or spacecraft and any ground support or control equipment used with any aircraft missile or spacecraft b. Any of your products manufactured for used in connection with or incorporated into aircraft aircraft parts aircraft equipment or aircraft accessories including ground han dling tools and equipment c. Any of your products used for the purpose of guidance navigation or direction of aircraft whether an aircraft is in flight or on the ground or d. Training aids navigation charts navigation aids manuals blueprints engineering or other data or advice services and labor relat ing to such aircraft or products. Grounding means the withdraw al of one or more aircraft from flight operations or the imposition of speed passenger or load restrictions on such air craft by reason of the actual alleged or sus pected 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 processed by any other person or organization 1 According to specifications plans sug gestions orders or drawings of the in sured or 2 With tools machinery or other equipment furnished to such persons or organiza tions by the insured whether such aircraft so withdrawn or restricted are owned or operated by the same or different persons or organizations. Page 10of 1 CGT3230811 2011 The Travelers Indemnity Company. Al rights reserved | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES DEFINITION OF POLLUTANTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART PROVISIONS The definition of pollutants in the DEFINITIONS Section of this Coverage Part or in any endorsement to this Coverage Part is replaced by the following Pollutants means any solid liquid gaseous or ther mal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Pol lutants includes Petroleum or petroleum derivatives gasoline fu els lubricants and their respective additives and individual chemical components including ben zene and toluene Chlorinated and halogenated solvents including tetrachloroethy lene PCE or PERC trichloro ethylene TCE trichloroethane TCA and vinyl chloride and their degradation products Coal tar manufactured gas plant MGP byprod ucts and polynuclear aromatic hydrocarbons PAHSs phenols and polychlorinated biphenyls PCBs and Organic and inorganic pesticides and inorganic contaminants including arsenic barium beryl lium lead cadmium chromium and mercury. This definition of pollutants applies regardless of whether 4. The irritant or contaminant type or source of the irrit volved in the claim or su fied or described in this de from manufacturing operat The irritant or contaminan tion in any of the insured premises sites or location i PERC for a dry cleanin ii TCE or any of the o examples of pollutant greasing operations The irritant or contamina source of potentia liability gasoline or any of the o examples of pollutants ir line station or The insured expects or contaminant to be a pollute Waste includes materials to tioned or reclaimed. 4. The irritant or contaminant or the particular form type or source of the irritant or contaminant in volved in the claim or suit is specifically identi fied or described in this definition such as waste from manufacturing operations The irritant or contaminant has or had any func tion in any of the insured s business operations premises sites or locations such as i PERC for a dry cleaning business or ii TCE or any of the other items included as examples of pollutants in b. above for de greasing operations The irritant or contaminant represents a major source of potentia liability for the insured such as gasoline or any of the other items included as examples of pollutants in a. above for a gaso line station or The insured expects or considers the irritant or contaminant to be a pollutant. Waste includes materials to be recycled recondi tioned or reclaimed. Page 1 of 1 CG F2 50 09 08 2008 The Travelers Companies Inc. Includes the copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF DUTIES IN EVENT OF AN OCCURRENCE OFFENSE CLAIM OR SUIT CONDITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The last paragraph of Paragraph 2.e. Duties In The Event Of Occurrence Offense Claim Or Suit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted. Page 1 of 1 CGF9340219 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES MEDICAL PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 1.a. of Coverage C Medical Payments is replaced by the following 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident. However expenses reported to us after one year of the date of the accident will not be denied solely because of the late submission unless such late submission operates to prejudice our rights and The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. Insurance Services Office Inc. 2012 Page 1of 1 CG 26500413 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION WHEN TWO OR MORE POLICIES APPLY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART Provisions 1. Injury damage or loss might be covered by this policy and also by other policies issued to you by us or any Travelers affiliate. When these other policies contain a provision similar to this one the amount we will pay is limited. The maximum that we will pay under all such policies combined is the highest limit that applies in any one of these policies. This does not apply to any personal liability policy or to any Umbrella Excess or Protective Liability Policy. Copyright The Travelers Indemnity Company 2003 Page 10of 1 CG 13331103 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES GUARANTY ASSOCIATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY MISSOURI PROPERTY AND CASUALTY INSUR ANCE GUARANTY ASSOCIATION COVERAGE LIMITATIONS A. Subject to the provisions of the Missouri Property and Casualty Insurance Guaranty Association Act to be referred to as the Act if we are a member of the Missouri Property and Casualty Insurance Guaranty Association to be referred to as the Association the Association will pay claims cov ered under the Act if we become insolvent.. The Act contains various exclusions conditions and limitations that govern a claimant s eligibility to collect payment from the Association and af fect the amount of any payment. The following limita tions apply subject to all other provisions of the Act 1. Claims covered by the Association do not in clude a claim by or against an insured of an insolvent insurer if the insured has a net worth of more than 25 million on the later of the end of the insured s most recent fiscal year or the December thirty first of the year next preceding the date the insurer becomes insolvent provided that an insured s net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its affiliates as calculated on a consolidated basis. Payments made by the Association for cov ered claims will include only that amount of each claim which is less than 300000. However the Association will not 1 Pay an amount in excess of the applica ble limit of insurance of the policy from which a claim arises or 2 Return to an insured any unearned pre mium in excess of 25000. These limitations have no effect on the coverage we will provide under this policy. Page 1 of 1 CG 26 25 04 05 ISO Properties Inc. 2004 | 2 |
INTERLINE ENDORSEMENTS | 2 |
INTERLINE ENDORSEMENTS | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE This endorsement applies to the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART CYBERFIRST ESSENTIALS GENERAL PROVISIONS FORM CYBERFIRST GENERAL PROVISIONS FORM EMPLOYEE BENEFITS LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EMPLOYMENT PRACTICES LIABILITY WITH IDENTITY FRAUD EXPENSE REIMBURSEMENT COVERAGE PART ENVIRONMENTAL HAZARD POLICY EXCESS FOLLOW FORM AND UMBRELLA LIABILITY INSURANCE EXCESS FOLLOWING FORM LIABILITY INSURANCE LAW ENFORCEMENT LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MANUFACTURERS ERRORS AND OMISSIONS LIABILITY COVERAGE PART MEDFIRST PRODUCTS COMPLETED OPERATIONS ERRORS AND OMISSIONS AND INFORMATION SECURITY LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PUBLIC ENTITY MANAGEMENT LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION TRIBAL BUSINESS MANAGEMENT LIABILITY COVERAGE PART Any other Commercial Liability coverage included in this policy that is subject to the federal Terrorism Risk Insurance Act of 2002 as amended PROVISIONS The federal Terrorism Risk Insurance Act of 2002 as amended TRIA establishes a program under which the Federal Government may partially reimburse Insured Losses as defined in TRIA caused by Acts Of Terrorism as defined in TRIA. Act Of Terrorism is defined in Section 1021 of TRIA to mean any act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States Mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The Federal Government s share of compensation for such Insured Losses is 80 of the amount of such ILT3680121 2020 The Travelers Indemnity Company. Al rights reserved. Insured Losses in excess of each Insurer s Insurer Deductible as defined in TRIA subject to the Program Trigger as defined in TRIA. In no event however will the Federal Government be required to pay any portion of the amount of such Insured Losses occurring in a calendar year that in the aggregate exceeds 100 billion nor will any Insurer be required to pay any portion of such amount provided that such Insurer has met its Insurer Deductible. Therefore if such Insured Losses occurring in a calendar year exceed 100 billion in the aggregate the amount of any payments by the Federal Government and any coverage provided by this policy for losses caused by Acts Of Terrorism may be reduced. For each coverage provided by this policy that applies to such Insured Losses the charge for such Insured Losses is included in the premium for such coverage. The charge for such Insured Losses that has been included for each such coverage is the percentage of the premium for such coverage indicated below and does not include any charge for the portion of such Insured Losses covered by the Federal Government under TRIA 1. Page 10f 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COMMON POLICY CONDITIONS PROHIBITED COVERAGE UNLICENSED INSURANCE AND TRADE OR ECONOMIC SANCTIONS This endorsement modifies insurance provided under the following ALL COVERAGES INCLUDED IN THIS POLICY The following is added to the Common Policy Condi tions Prohibited Coverage Unlicensed Insurance 1. With respect to loss sustained by any insured or loss to any property located in a country or juris diction in which we are not licensed to provide this insurance this insurance does not apply to the extent that insuring such loss would violate the laws or regulations of such country or jurisdic tion. 2. We do not assume responsibility for a. The payment of any fine fee penalty or other charge that may be imposed on any person or organization in any country or jurisdiction because we are not licensed to provide insur ance in such country or jurisdiction or b. T d tic in Prohibite tions We will p will provid ing such any of our 1. Any tr regulz Any o prohik b. The furnishing of certificates or other evi dence of insurance in any country or jurisdic tion in which we are not licensed to provide insurance. Prohibited Coverage Trade Or Economic Sanc tions We will provide coverage for any loss or otherwise will provide any benefit only to the extent that provid ing such coverage or benefit does not expose us or any of our affiliated or parent companies to 1. Any trade or economic sanction under any law or regulation of the United States of America or 2. Any other applicable trade or economic sanction prohibition or restriction. Page 1 of 1 ILT4120315 2014 The Travelers Indemnity Company. All rights reserved. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following BOILER AND MACHINERY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CYBERFIRST ESSENTIALS GENERAL PROVISIONS FORM CYBERFIRST GENERAL PROVISIONS FORM DELUXE PROPERTY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EMPLOYMENT PRACTICES LIABILITY WITH IDENTITY FRAUD EXPENSE REIMBURSEMENT COVERAGE PART ENVIRONMENTAL HAZARD POLICY EQUIPMENT BREAKDOWN COVERAGE PART EXCESS FOLLOW FORM AND UMBRELLA LIABILITY INSURANCE EXCESS FOLLOWING FORM LIABILITY INSURANCE LAW ENFORCEMENT LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MANUFACTURERS ERRORS AND OMISSIONS LIABILITY COVERAGE PART MEDFIRST PRODUCTS COMPLETED OPERATIONS ERRORS AND OMISSIONS AND INFORMATION SECURITY LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PUBLIC ENTITY MANAGEMENT LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION TRAVELERS PROPERTY COVERAGE PART TRIBAL BUSINESS MANAGEMENT LIABILITY COVERAGE PART Any other Coverage Part or Coverage Form included in this policy that is subject to the federal Terrorism Risk Insurance Act of 2002 as amended The following is added to this policy. This provision can limit coverage for any loss arising out of a certified act of terrorism if such loss is otherwise covered by this policy. This provision does not apply if and to the extent that coverage for the loss is excluded or limited by an exclusion or other coverage limitation for losses arising out of certified acts of terrorism in another endorsement to this policy. If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our insurer deductible under TRIA we will not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. ILT4140121 2020 The Travelers Indemnity Company. Al rights reserved. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of TRIA to be an act of terrorism pursuant to TRIA. The criteria contained in TRIA for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 2. The actis 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. TRIA means the federal Terrorism Risk Insurance Act of 2002 as amended. Page 10of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10of 1 ILT4140121 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL BENEFITS This endorsement modifies insurance provided under the following ALL COVERAGES INCLUDED IN THIS POLICY The following Condition is added to each Common Policy Conditions included in this policy Additional Benefits 1. From time to time we may offer or provide you or allow third parties to offer or provide you or another insured under this policy with goods and services such as devices equipment memberships subscriptions merchandise points rewards discounts gift cards redemption codes coupons vouchers airline miles special offers classes seminars or other items of value. 2. These Additional Benefits may be provided in any form. You or another insured under this policy may be eligible to receive additional benefits. You are Add Whil Ben the and mer serv oblig prov We Add auth othe are under no obligation to pursue any of these Additional Benefits. While we may arrange for these Additional Benefits the third party provider is liable to you or the other insured for the provision of the goods and services. We do not warrant the merchantability fitness or quality of any goods or services provided or assume any additional obligation related to any Additional Benefits provided. We have the right to modify or discontinue any Additional Benefits provided by us or third parties authorized by us without notice to you or any other insured. Page 10f 1 ILT427 0219 2019 The Travelers Indemnity Company. Al rights reserved. | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The insurance does not apply A. Under any Liability Coverage to bodily in jury or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Un derwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such pol icy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indem nity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily in jury or property damage resulting from 2 IS0 Properties Inc. 2007 hazardous properties of nuclear material 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 pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an in sured of services materials parts or equipment in connection with the plan ning construction maintenance opera tion or use of any nuclear facility but if such facility is located within the United States of America its territories or pos sessions 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 spe cial nuclear material or by product material. 3 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 com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Page 1 of 2 IL 00 21 09 08 | 2 |
the total amount of such material in the custody 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 d Any structure basin excavation prem ises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore proc essed primarily for its source material content and b resulting from the operation by any per son or organization of any nuclear facility in cluded under the first two paragraphs of the defi nition of nuclear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time Page 2 of 2 IS0 Properties Inc. 2007 IL 00 21 09 08 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABIL ITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. When this endorsement is attached to the Stan dard Property Policy CP 00 99 the term Com mercial Property Coverage Part in this endorse ment also refers to the Standard Property Policy.. With respect to the Commercial General Liability Coverage Part Commercial Property Legal Liability Coverage Form CP 00 40 Commercial Property Mortgageholders Errors And Omissions Coverage Form CP 00 70 Crime And Fidelity Coverage Part Employment Related Practices Liability Coverage Part Equipment Breakdown Coverage Part Farm Liability Coverage Form Liquor Liability Coverage Part Pollution Liability Coverage Part Products Completed Operations Liability Cover age Part Medical Professional Liability Coverage Part the following Cancellation and Nonrenewal Pro visions apply Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. Wemay cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation stating the actual reason for cancellation at least a. 10 days before the effective date of can cellation if we cancel for nonpayment of premium b. 30 days before the effective date of can cellation if cancellation is for one or more of the following reasons 1 Fraud or material misrepresentation affecting this policy or a claim filed under this policy or a violation of any of the terms or conditions of this pol icy 2 Changes in conditions after the effec tive date of this policy which have materially increased the risk as sumed 3 We become insolvent or 4 We involuntarily lose reinsurance for this policy c. 60 days before the effective date of can cellation if we cancel for any other rea son. Nonrenewal The following is added and supersedes any pro vision to the contrary a. We may elect not to renew this policy by mailing or delivering to the first Named Insured at the last mailing address known to us written notice of nonre newal stating the actual reason for non renewal at least 60 days prior to the ef fective date of the nonrenewal. Insurance Services Office Inc. 2012 Page 1 of 2 IL02740213 | 2 |
b. If notice is mailed proof of mailing will be sufficient proof of notice. C. With respect to the Capital Assets Program Output Policy Coverage Part Commercial Inland Marine Coverage Part Commercial Property Coverage Part Farm Property Other Farm Provisions Form Additional Coverages Conditions Definitions Coverage Form Farm Livestock Coverage Form Farm Mobile Agricultural Machinery And Equipment Coverage Form Paragraphs 1. 2. 3. 4. and 6. of the Cancella tion Common Policy Condition are replaced by the following Cancellation Nonrenewal And Decreases In Coverage 1. The first Named Insured shown in the Decla rations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel nonrenew reduce in amount or adversely modify this policy by mailing or delivering to the first Named Insured written notice of this action at least a. 10 days before the effective date of this action if due to nonpayment of premium or evidence of incendiarism or b. 30 days before the effective date of this action if for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known tous. 4. Notice of a. Cancellation will state the effective date of cancellation. The policy period will end on that date. b. Any other action will state the effective date of that action. 6. If notice is mailed proof of mailing will be suf ficient proof of notice.. With respect to all Coverage Parts addressed in this endorsement Paragraph 5. of the Cancella tion Common Policy Condition is replaced by the following 5. Ifthis policy is cancelled we will send the first Named Insured any premium refund due. The cancellation will be effective even if we have not made or offered a refund. The following provisions govern calculation of return pre mium a. We will compute return premium pro rata and round to the next higher whole dollar when this policy is 1 Cancelled by us or at our request 2 Cancelled because you no longer have a financial or insurable interest in the property or business operation that is the subject of this insurance 3 Cancelled but rewritten with us or in our company group or 4 Cancelled after the first year if it is a prepaid policy written for a term of more than one year. b. When this policy is cancelled at the re quest of the first Named Insured except when Paragraph a.2 a.3 or a.4 ap plies we will return 90 of the pro rata unearned premium or 75 of the pro rata unearned premium for the Equipment Breakdown Coverage Part rounded to the next higher whole dollar. However when such cancellation takes place dur ing the first year of a multiyear prepaid policy we will return the full annual pre mium for the subseq uent years. The refund will be less than 90 of the pro rata unearned premium or less than 75 of the pro rata unearned premium for the Equipment Breakdown Coverage Part if the refund of such amount would reduce the premium retained by us to an amount less than the minimum premium for this policy. Page 2 of 2 Insurance Services Office Inc. 2012 IL02740213 | 2 |
POLICYHOLDER NOTICES | 2 |
POLICYHOLDER NOTICES | 2 |
IMPORTANT NOTICE INDEPENDENT AGENT AND BROKER COMPENSATION NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMATION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE THE PROVISIONS OF YOUR POLICY PREVAIL. For information about how Travelers compensates independent agents and brokers please visit www.travelers.com call our toll free telephone number 1 866 904 8348 or request a written copy from Marketing at One Tower Square 2GSA Hartford CT 06183. Page 10of 1 PN T4 540108 | 2 |
IMPORTANT NOTICE POLICIES EXEMPT FROM FILING MISSOURI NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMATION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE THE PROVISIONS OF YOUR POLICY PREVAIL. This policy may include rates and forms which may not be filed with the Missouri Department of Insurance as permitted under section 379.321 RSMO however rates shall not be excessive inadequate or unfairly discriminatory. Page 10f 1 PN U372 03 20 2020 The Travelers Indemnity Company. Al rights reserved. | 2 |
IMPORTANT NOTICE CONTACT INFORMATION MISSOURI NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMA TION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE THE PROVISIONS OF YOUR POLICY PREVAIL. Questions regarding your pol icy or coverage should be directed to your agent or us at Travelers One Tower Square Hartford CT 06183 800 328 2189 Travelers.com Page 10of 1 PN T2 04 05 10 | 2 |
IMPORTANT NOTICE SCHEDULE RATING MISSOURI NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMA TION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE THE PROVISIONS OF YOUR POLICY PREVAIL. If you have any questions regarding any schedule rating changes please contact us or your agent as listed else where in the policy. Page 1 of 1 PN T0 4305 10 | 2 |
TRAVELERS Report Claims Immediately by Calling 1 800 238 6225 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for BASELINE LAKES LLC. C O ROD TOMPKINS PO BOX 37 WAYNE NE 68787 Presented by LOCKTON COMPANIES LLC TRAVELERS Report Claims Immediately by Calling 1 800 238 6225 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for BASELINE LAKES LLC. C O ROD TOMPKINS PO BOX 37 WAYNE NE 68787 Presented bv LOCKTON COMPANIESLLC TRAVELERS Report Claims Immediately by Calling 1 800 238 6225 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for BASELINE LAKES LLC. C O ROD TOMPKINS PO BOX 37 WAYNE NE 68787 TRAVELERS Report Claims Immediately by Calling 1 800 238 6225 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for BASELINE LAKES LLC. C O ROD TOMPKINS PO BOX 37 WAYNE NE 68787 | 2 |
N TRAVELERS.I One Tower Square Hartford Connecticut 06183 TRAVELERS CORP. TEL 1 800 328 2189 REAL ESTATE OWNERS COMMON POLICY DECLARATIONS ISSUE DATE 111313 POLICY NUMBER Y660 4172L137 TCT13 INSURING COMPANY THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT 1. NAMED INSURED AND MAILING ADDRESS BASELINE LAKES LLC. AS PER IL T8 00 C0 ROD TOMPKINS PO BOX 37 WAYNE NE 68787 2. POLICY PERIOD From 111413 to 111414 1201 A.M. Standard Time at your mailing address. 3. LOCATIONS Premises Bldg. Loc. No. No. Occupancy Address SEE IL TO 03 4. COVERAGE PARTS FORMING PART OF THIS POLICY AND INSURING COMPANIES COMMERCIAL GENERAL LIABILITY COV PART DECLARATIONS CG TO 01 11 03 TCT. NUMBERS OF FORMS AND ENDORSEMENTS FORMING A PART OF THIS POLICY SEE IL T8 01 10 93 SUPPLEMENTAL POLICIES Each of the following is a separate policy containing its complete provisions Policy Policy No. Insuring Company SEE CALCULATION OF PREMIUM COMPOSITE RATES ENDORSEMENT 7. PREMIUM SUMMARY Provisional Premium 1299 Due at Inception 1299 Due at Each NAME AND ADDRESS OF AGENT OR BROKER LOCKTON COMPANIES LLC DBB83 1015 N 98TH ST STE 101 OMAHA NE 68114 COUNTERSIGNED BY Authorized Representative DATE IL TO 02 11 89REV. 09 07 OFFICE OMAHA PAGE 1 OF 1 | 2 |
P N TRAVELERS POLICY NUMBER Y660 4172L137 TCT13 EFFECTIVE DATE 11 14 13 ISSUE DATE 11 13 13 LISTING OF FORMS ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. IL IL IL IL IL IL IL TO T8 TO TO T3 T8 T3 02 01 01 03 02 00 20 11 10 01 04 07 09 89 93 07 96 86 97 COMMON POLICY DECLARATIONS FORMS ENDORSEMENTS AND SCHEDULE NUMBERS COMMON POLICY CONDITIONS LOCATION SCHEDULE CALCULATION OF PREMIUM COMPOSITE RATE S GENERAL PURPOSE ENDORSEMENT EARLIER NOT CANCEL NONRENEWAL PROV BY US COMMERCIAL GENERAL LIABILITY TO TO TO TO 00 D2 D3 D4 21 DO D2 D2 D4 D4 D2 D2 D2 D3 D3 D4 D6 DO Dl D2 T4 01 07 08 34 01 55 75 71 70 37 03 46 13 67 43 56 88 26 56 21 18 76 42 42 78 11 09 11 11 10 11 03 02 01 04 12 08 04 12 01 11 11 10 01 07 10 06 01 01 02 03 87 03 03 01 03 06 09 08 05 97 05 08 08 02 03 03 11 05 08 11 93 99 02 90 COML GENERAL LIABILITY COV PART DEC DECLARATIONS PREMIUM SCHEDULE KEY TO DECLARATIONS PREMIUM SCHEDULE TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COV FORM AMENDMENT OF COVERAGE POLLUTION ADDL INSUR MORTGAGEE ASSIGNEE SUCCESOR AMEND COVERAGE B PERS ADV INJURY CAP ON LOSSES CERTIFIED ACTS TERRORISM OTHER INSURANCE ADDITIONAL INSUREDS AMEND NON CUMULATION OF EACH OCC BLANKET ADDITIONAL INSURED CONTRACTORS AMENDMENT OF COVERAGE COOLING POLLUTION INTL XTEND ENDT FOR SERVICE INDUSTRIES FUNGI OR BACTERIA EXCLUSION AMENDMENT OF COVERAGE EMPLOYMENT RELATED PRACTICES EXCLUSION EXCLUSION UNSOLICITED COMMUNICATION MOBILE EQUIP EXCL VEHICLES SUB TO MV LAW AMEND CONTRAC LIAB EXCL EXC TO NAMED INS EXCL VIOLATION OF CONSUMER FIN PROT LAWS EXCLUSION LEAD EXCLUSION DISCRIMINATION EXCLUSION WAR EXCLUSION ASBESTOS INTERLINE ENDORSEMENTS IL T3 68 05 10 FEDERAL TERRORISM RISK INS ACT DISCLOSE IL 00 21 05 02 NUCLEAR ENERGY LIAB EXCL END BROAD FORM IL 01 65 09 08 ND CHANGES EXAM OF YOUR RECORDS IL 02 59 09 07 NE CHANGES CANCELLATION AND NONRENEWAL PAGE ILT8 011093 | 2 |
COMMON POLICY CONDITIONS A. Cancellation 1. The first Named Insured shown in the Decla rations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy or any Coverage Part by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of can cellation if we cancel for nonpayment of premium or b. 30 days before the effective date of can cellation if we cancel for any other rea son. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. If the policy is cancelled that date will become the end of the policy period. If a Coverage Part is cancelled that date will become the end of the policy period as respects that Coverage Part only. 5. If this policy or any Coverage Part is can celled we will send the first Named Insured any premium refund due. If we cancel the re fund will be pro rata. If the first Named In sured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a re fund. 6. If notice is mailed proof of mailing will be sufficient proof of notice.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara tions 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 as part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time D. All Coverage Parts included in this policy are subject to the following conditions during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspec tions surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advi sory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or rec ommendations we may make relative to certi fication under state or municipal statutes or dinances or regulations of boilers pressure vessels or elevators. Premiums 1. The first Named Insured shown in the Decla rations a. Is responsible for the payment of all pre miums and b. Will be the payee for any return premi ums we pay. 2. We compute all premiums for this policy in accordance with our rules rates rating plans premiums and minimum premiums. The pre mium shown in the Declarations was com puted based on rates and rules in effect at IL TO 01 01 07 Rev. 06 09 Includes the copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 | 2 |
the time the policy was issued. On each re newal continuation or anniversary of the ef fective date of this policy we will compute the premium in accordance with our rates and rules then in effect. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in sured. If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary cus tody of your property will have your rights and duties but only with respect to that property.. Equipment Breakdown Equivalent to Boiler and Machinery On the Common Policy Declarations the term Equipment Breakdown is understood to mean and include Boiler and Machinery and the term Boiler and Machinery is understood to mean and include Equipment Breakdown. This policy consists of the Common Policy Declarations and the Coverage Parts and endorsements listed in that declarations form. In return for payment of the premium we agree with the Named Insured to provide the insurance afforded by a Coverage Part forming part of this policy. That insurance will be provided by the company indicated as insuring company in the Common Policy Declarations by the abbreviation of its name opposite that Coverage Part. One of the companies listed below each a stock company has executed this policy and this policy is counter signed by the officers listed below The Travelers Indemnity Company IND The Phoenix Insurance Company PHX The Charter Oak Fire Insurance Company COF Travelers Property Casualty Company of America TIL The Travelers Indemnity Company of Connecticut TCT The Travelers Indemnity Company of America TIA Travelers Casualty Insurance Company of America ACJ Wty C F Secretary Page 2 of 2 Includes the copyrighted material of Insurance Services Office Inc. with its permission. 1L T0 01 01 07 Rev. 06 09 | 2 |
LOCATION SCHEDULE POLICY NUMBER Y660 4172L137 TCT13 This Schedule of Locations and Buildings applies to the Common Policy Declarations for the period 11 14 13 to 11 14 14. Loc. Bldg. No. No. Address Occupancy 1 1 NE 14 S3 N12 S2 TWPl SS BASELINE LAKES R67 W OF 6 M ADAMS COUNTY BRIGHTON CO 80603 2 2 SW 14 S2 TWP1S R65W HOMESTEAD HEIGHTS 6PM ADAMS COUNTY BRIGHTON CO 80603 3 3 12912 23RD ST NW DEVELOPMENT PROPERTY WATFORD CITY ND 58854 Occupancy BASELINE LAKES HOMESTEAD HEIGHTS DEVELOPMENT PROPERTY IL TO 03 04 96 Page 1 END | 2 |
POLICY NUMBER Y660 4172L137 TCT13 ISSUE DATE 11 13 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM COMPOSITE RATES A. SCHEDULE 1. This endorsement modifies insurance provided under the following Coverage Parts COMMERCIAL GENERAL LIABILITY. This endorsement applies to the Declarations from 11 14 13 to 11 14 14 1201 AM. Standard Time at your mailing address shown in the Common Policy Declarations.. Definition of Premium Base Bases SEE SCHEDULE. Exceptions if any to compositing of premium calculation 5. Premium Schedule COVERAGE SEE SCHEDULE PREMIUM BASE ESTIMATED EXPOSURE SEE SCHEDULE ADVANCE PREMIUM RATE If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. B. PROVISIONS 1. Referring to the Schedule above the premium for the Coverage Parts shown in item 1 except with respect to any exceptions shown in item 4 shall be computed in accordance with the premium base bases and rate rates desig nated in item 5. 2. The premium for the excepted hazards shall be computed in accordance with the rates and rules filed by us or on our behalf. 3. The advance premium stated above is an es timated premium for the Declarations Period. Upon termination of this period the earned premium shall be computed in accordance with the policy and this endorsement. If the earned premium thus computed exceeds the estimated advance premium paid you shall pay the ex cess to us if less we shall return to you the unearned paid portion. Rates and premiums for any subsequent Declarations Periods shall be determined at the inception date of those respective periods and shall be specified in en dorsements to be added to the policy. After termination of each period the earned premium shall be computed in accordance with the policy and this endorsement. IL T3 02 07 86 Rev. 12 08 Page 1 of 1 | 2 |
POLICY NUMBER 660 4172L137 TCT13 GENERAL PURPOSE ENDORSEMENT ITEM 1 NAMED INSURED TO READ BASELINE LAKES LLC. HOMESTEAD HEIGHTS LLC. CHERRY MEADOWS LLC. BRD STAR LLC. IL T8 00 Page | 2 |
POLICY NUMBER Y660 4172L137 TCT13 ISSUE DATE11 13 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE Number of Days Notice 60 Number of days Notice 60 CANCELLATION WHEN WE DO NOT RENEW Nonrenewal PROVISIONS A. For any statutorily permitted reason other than nonpayment of premium the number of days re quired for notice of cancellation as provided in the CONDITIONS Section of this insurance or as amended by any applicable state cancellation endorsement applicable to this insurance is in creased to the number of days shown in the SCHEDULE above. B. For any statutorily permitted reason other than nonpayment of premium the number of days re quired for notice of When We Do Not Renew Nonrenewal as provided in the CONDITIONS Section of this insurance or as amended by any applicable state When We Do Not Renew Nonrenewal endorsement applicable to this in surance is increased to the number of days shown in the SCHEDULE above. IL T3 20 09 97 Copyright The Travelers Indemnity Company 1997 Page 1 of 1 | 2 |
GENERAL LIABILITY | 2 |
GENERAL LIABILITY | 2 |
N TRAVELERS.I One Tower Square Hartford Connecticut 06183 COMMERCIAL GENERAL LIABILITY POLICY NO. y660 4172L137 TCT13 COVERAGE PART DECLARATIONS ISSUE DATE 11 13 13 INSURING COMPANY THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT DECLARATIONS PERIOD From 11 14 13 to 11 14 14 1201 AM. Standard Time at your mailing address shown in the Common Policy Declarations. The Commercial General Liability Coverage Part consists of these Declarations and the Coverage Form shown below. 1. COVERAGE AND LIMITS OF INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIMITS OF INSURANCE General Aggregate Limit 5000000 Other than Products Completed Operations Products Completed Operations Aggregate Limit 2000000 Personal Advertising Injury Limit 1000000 Each Occurrence Limit 1000000 Damage To Premises Rented To You Limit any one premises 100000 Medical Expense Limit any one person 5000 LIMITS OF INSURANCE 5000000 w v w0 2000000 1000000 1000000 100000 5000 2. AUDIT PERIOD NONE 3. FORM OF BUSINESS LIMITED LIABILITY COMPANY 4. NUMBERS OF FORMS SCHEDULES AND ENDORSEMENTS FORMING PART OF THIS COVERAGE PART ARE ATTACHED AS A SEPARATE LISTING. COMMERCIAL GENERAL LIABILITY COVERAGE IS SUBJECT TO A GENERAL AGGREGATE LIMIT CGT0O011103 PRODUCER LOCKTON COMPANIES LLC Page 1 of 1 155 DBB83 OFFICE oMaHA | 2 |
DECLARATIONS PREMIUM SCHEDULE POLICY NUMBER Y660 4172L137 TCT13 This Schedule applies to the Declarations for the period of 11 14 13 o 11 14 14 It shows all of your known rating classes as of the effective date. Any exceptions will be so noted. This includes all locations you own rent or occupy. Loc CLASS PREMIUM OPN BLDG DESCRIPT BASE ADVANCE NO. NO. CODE NO. SUBLINE EXPOSURE RATES PREMIUM MINIMUM PREMIUMS LOB 250 250 GENERAL LIABILITY COMPOSITE REAL ESTATE PROPERTIES 65000 COMBINED T EACH ACRE nan nan nan nan 8.119 1299 1299 COVERAGE PART TOTAL This class is subject to the prem ops transition program. If an Xis entered in this box these Declarations are completed on the Premium Schedule Extension CG T0 12. CG T0 07 09 87 PAGE 1 END | 2 |
KEY TO DECLARATIONS PREMIUM SCHEDULE ABBREVIATIONS CLASS DESCRIPT means CLASS DESCRIPTION LOC BLDG NO. means LOCATION BUILDING NUMBER OPN NO. means OPERATION NUMBER PREM OPS means PREMISES OPERATIONS PROD C OPS means PRODUCTS COMPLETED OPERATIONS PREMIUM BASE Key Letter Premium Base a Area c Total Cost m Admissions o Total Operating Expense p Payroll s Gross Sales t see note below u Units How Rates Apply per 1000 square feet per 1000 of total cost per 1000 admissions per 1000 of total operating expenditures per 1000 of payroll per 1000 of gross sales see note below per unit Premium base t applies for a number of rarely used premium bases. The specific base and how rates apply are shown with the Class Description on the DECLARATIONS PREMIUM SCHEDULE. CG T008 1103 Copyright The Travelers Indemnity Company 2003 Page 1 of 1 | 2 |
TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 0001 10 01 SECTION COVERAGES Coverage A Bodily Injury and Property Insuring Agreement........... Damage Liability Exclusions......... cccoocevemunen Coverage B Personal and Advertising Insuring Agreement........... Injury Liability Exclusions......... cccoocevemunen Coverage C Medical Payments Insuring Agreement........... Exclusions Supplementary Payments SECTION IIWHO IS AN INSURED SECTION IlII LIMITS OF INSURANCE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Bankruptcy..... Duties in the Event of Occurrence Legal Action Against Us Other Insurance. Premium Audit... Representations Separation of Insureds Transfer of Rights of Recovery Agamst Others To Us. When We Do Not Renew. SECTION V DEFINITIONS Beginning on Page TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 0001 10 01 SECTION COVERAGES Beginning on Page Caoverane A TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 0001 10 01 Coverage A Bodily Injury and Property Insuring Agreement Damage Liability Exclusions.2 Coverage B Personal and Advertising Insuring Agreement.5 Injury Liability Exclusions.5 Coverage C Medical Payments Insuring Agreement 7 Exclusions.7 Supplementary Payments................. SECTION I WHO IS AN INSURED... SECTION II LIMITS OF INSURANCE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Bankruptey.. Duties in the Event of Occurrence Claim or Sun Legal Action Against Us.. Other Insurance Premium Audit Representations Separation of Insureds Transfer of Rights of Recovery Against Others To Us When We Do Not Renew SECTION V DEFINITIONS Coverage B Personal and Advertising Injury Liability Insuring Agreement............... EXclusions......... cccooeuevurinnne Coverage C Medical Payments CGT0341103 | 2 |
COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages because of bodily injury or property dam age to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Ill Limits Of Insurance and Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. 2 b. This insurance applies to bodily injury and property damage only if c. 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive no tice of an occurrence or claim knew that the bodily injury or property dam age had occurred in whole or in part. If such a listed insured or authorized em ployee knew prior to the policy period that the bodily injury or property dam age occurred then any continuation change or resumption of such bodily in jury 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 oc curred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or re ceive notice of an occurrence or claim in cludes any continuation change or resump tion 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 oc curred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occur rence or claim 1 Reports all or any part of the bodily in jury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. 3 CG 00011001 1SO Properties Inc. 2000 Page 1 of 16 | 0 |
COMMERCIAL GENERAL LIABILITY Damages because of bodily injury include damages claimed by any person or organiza tion for care loss of services or death result ing at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. c. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the in sured. This exclusion does not apply to bod ily 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 damages by reason of the assumption of liability in a con tract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the ab sence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage oc curs subsequent to the execution of the contract or agreement. Solely for the pur poses of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bod ily 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 Such attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute resolution proceeding in which dam ages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or b 3 Any statute ordinance or regulation relat ing to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing sell ing serving or furnishing alcoholic beverages. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unem ployment compensation law or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the con duct of the insured s business or 2 The spouse child parent brother or sis ter 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 and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as sumed by the insured under an insured con tract. Pollution 1 Bodily injury or property damage aris ing out of the actual alleged or threat ened discharge dispersal seepage mi gration release or escape of pollutants a At or from any premises site or loca tion which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equip ment used to heat that building i Bodily injury or property dam age for which you may be held liable if you are a contractor and the owner or lessee of such Page 2 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY b c d premises site or location has been added to your policy as an additional insured with respect to your ongoing operations per formed for that additional insured at that premises site or location and such premises site or loca tion is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property dam age arising out of heat smoke or fumes from a hostile fire At or from any premises site or loca tion which is or was at any time used by or for any insured or others for the handling storage disposal process ing or treatment of waste Which are or were at any time trans ported handled stored treated dis posed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally re sponsible or At or from any premises site or loca tion on which any insured or any con tractors or subcontractors working di rectly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in con nection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property dam age arising out of the escape of fuels lubricants or other operat ing fluids which are needed to perform the normal electrical hy draulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This ex ception does not apply if the bodily injury or property dam age arises out of the intentional discharge dispersal or release of the fuels lubricants or other op erating fluids or if such fuels lu bricants or other operating fluids are brought on or to the prem ises site or location with the in tent that they be discharged dis persed or released as part of the operations being performed by such insured contractor or sub contractor i Bodily injury or property dam age sustained within a building and caused by the release of gases fumes or vapors from ma terials brought into that building in connection with operations being performed by you or on your be half by a contractor or subcon tractor or iii Bodily injury or property dam age arising out of heat smoke or fumes from a hostile fire. At or from any premises site or loca tion on which any insured or any con tractors or subcontractors working di rectly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat de toxify or neutralize or in any way re spond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any in sured or others test for monitor clean up remove contain treat de toxify or neutralize or in any way re spond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assess ing the effects of pollutants. CG 00011001 1SO Properties Inc. 2000 Page 3 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY However this paragraph does not apply to liability for damages because of prop erty damage that the insured would have in the absence of such request demand order or statutory or regulatory require ment or such claim or suit by or on be half of a governmental authority. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or en trustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property dam age involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed under any insured con tract for the ownership maintenance or use of aircraft or watercraft or Bodily injury or property damage aris ing out of the operation of any of the equipment listed in Paragraph f.2 or.3 of the definition of mobile equip ment. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 4 5 2 The use of mobile equipment in or while in practice for or while being pre pared for any prearranged racing speed demolition or stunting activity. War Bodily injury or property damage due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. Damage To Property Property damage to 1 Property you own rent or occupy includ ing any costs or expenses incurred by you or any other person organization or entity for repair replacement enhance ment restoration or maintenance of such property for any reason including preven tion of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcon tractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly per formed oniit. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. 3 G Page 4 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY Paragraphs 3 4 5 and 6 of this exclu sion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the prod ucts completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dan gerous 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 prod uct or your work after it has been put to its intended use. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or ex pense incurred by you or others for the loss of use withdrawal recall inspection repair re placement 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 in adequacy or dangerous condition in it. o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or tempo rarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement We will pay those sums that the insured be comes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. This insurance applies to personal and ad vertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory dur ing the policy period. 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. CG 00011001 1SO Properties Inc. 2000 Page 5 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the begin ning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direc tion of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality Or Performance Of Goods Fail ure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or per formance made in your advertisement. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your adver tisement. Infringement Of Copyright Patent Trade mark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to in fringement in your advertisement of copy right trade dress or slogan. Insureds In Media And Internet Type Busi nesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions Sec tion. 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 advertis ing broadcasting publishing or telecasting. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the in sured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mis lead another s potential customers.. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. Pollution Related Any loss cost or expense arising out of any 1 Request demand or order that any in sured or others test for monitor clean up remove contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up re moving containing treating detoxifying or neutralizing or in any way responding Page 6 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY to or assessing the effects of pollut ants. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an acci dent 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 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within one year of the date of the accident and 3 The injured person submits to examina tion at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap plicable limit of insurance. We will pay rea sonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic de vices and 3 Necessary ambulance hospital profes sional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer work ers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of prem ises you own or rent that the person nor mally occupies. d. Workers Compensation And Similar Laws To a person whether or not an em ployee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while taking part in athletics. f. Products Completed Operations Haz ard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. h. War Due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investi gate or settle or any suit against an insured we defend a. b. All expenses we incur. Up to 250 for cost of bail bonds required be cause of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the in sured at our request to assist us in the inves tigation or defense of the claim or suit in cluding actual loss of earnings up to 250 a day because of time off from work. All costs taxed against the insured in the suit. 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 CG 00011001 1SO Properties Inc. 2000 Page 7 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY interest based on that period of time after the offer. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or de posited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of in surance. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks dam ages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract This insurance applies to such liability 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 informa tion we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee The indemnitee and the insured ask us to conduct and control the defense of that in demnitee 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 investiga tion settlement or defense of the suit Immediately send us copies of any demands notices summonses or le gal papers received in connection with the suit Notify any other insurer whose cov erage is available to the indemnitee and Cooperate with us with respect to co ordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to b c d a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attor neys fees incurred by us in the defense of that indemnitee necessary litigation expenses in curred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstand ing the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary liti gation expenses as Supplementary Payments ends when a. We have used up the applicable limit of in surance in the payment of judgments or set tlements or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insur eds 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 in sured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an in sured. Your members are also insureds but only with respect to the conduct of your busi ness. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and di rectors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. Page 8 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY 2. Each of the following is also an insured a. Your volunteer workers only while perform ing duties related to the conduct of your busi ness or your employees other than either your executive officers if you are an organi zation 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 em ployment by you or while performing duties related to the conduct of your business. How ever none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertis ing injury a To you to your partners or members if you are a partnership or joint ven ture to your members if you are a limited liability company to a co employee while in the course of his or her employment or performing du ties related to the conduct of your business or to your other volunteer workers while performing duties re lated to the conduct of your business To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay some one else who must pay damages be cause of the injury described in Para graphs 1a or b above or Arising out of his or her providing or failing to provide professional health care services. Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical con trol is being exercised for any pur pose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability com pany. b c d 2 b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That represen tative will have all your rights and duties un der this Coverage Part. With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an insured while driving such equipment along a public highway with your per mission. Any other person or organization re sponsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an insured with re spect to a. Bodily injury to a coemployee of the per son driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an in sured under this provision. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named In sured if there is no other similar insurance avail able 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 pe riod whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. CG 00011001 1SO Properties Inc. 2000 Page 9 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY 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 Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re gardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except dam ages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and prop erty damage included in the products completed operations hazard. 4. Subject to 2. above the Personal and Advertising Injury Limit is the most we will pay under Cover age B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property dam age arising out of any one occurrence. 6. Subject to 5. above the Damage To Premises Rented To You Limit is the most we will pay un der Coverage A for damages because of prop erty damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sus tained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcey or insolvency of the insured or of the insured s estate will not relieve us of our obliga tions under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written no tice of the claim or suit as soon as practica ble. c. You and any other involved insured must 1 Immediately send us copies of any de mands notices summonses or legal pa pers received in connection with the claim or suit Authorize us to obtain records and other information 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 3 Page 10 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 3. Legal Action 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 in sured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settle ment means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover ages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when b. be low applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over 1 Any of the other insurance whether pri mary excess contingent or on any other basis a That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work b That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner c That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or If the loss arises out of the mainte nance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Dam age Liability. Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an addi tional insured by attachment of an en dorsement. 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 in surer 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 entitied to the insured s rights against all those other in surers. When this insurance is excess over other in surance we will pay only our share of the amount of the loss if any that exceeds the sum of 1 The total amount that all such other in surance would pay for the loss in the ab sence 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 described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If all of the other insurance permits contribu tion by equal shares we will follow this method also. Under this approach each in surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contrib d 2 CG 00011001 1SO Properties Inc. 2000 Page 11 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY ute by limits. Under this method each in surer s share is based on the ratio of its appli cable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad vance premium is a deposit premium only. At the close of each audit period we will com pute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premi ums 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 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 compu tation 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 accu rate and complete b. Those statements are based upon represen tations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Oth ers 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 in sured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi ration date. If notice is mailed proof of mailing will be suffi cient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific mar ket segments about your goods products or ser vices 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 ser vices for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads in cluding any attached machinery or equipment. But auto does not include mobile equipment. 3. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. 4. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in a. above 2 The activities of a person whose home is in the territory described in a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communica tion 3 Page 12 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY provided the insured s responsibility to pay dam ages is determined in a suit on the merits in the territory described in a. above or in a settlement we agree to. Employee includes a leased worker. Em ployee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter con stitution by laws or any other similar governing document. Hostile fire means one which becomes uncon trollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective defi cient inadequate or dangerous or b. You have failed to fulfill the terms of a con tract or agreement if such property can be restored to use by a. The repair replacement adjustment or re moval of your product or your work or b. Your fulfiling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or or ganization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to in demnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any con tract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily in jury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or draw ings and specifications or b Giving directions or instructions or failing to give them if that is the pri mary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 10. Leased worker means a person leased to you 11. b y a labor leasing firm under an agreement be tween you and the labor leasing firm to perform d uties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of p roperty After it is moved from the place where it is accepted for movement into or onto an air craft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft wa tercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical CG 00011001 1SO Properties Inc. 2000 Page 13 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY 12. device other than a hand truck that is not at tached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not main tained primarily to provide mobility to perma nently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equip ment such as graders scrapers or rollers e. Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the fol lowing types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the fol lowing types of permanently attached equip ment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construc tion or resurfacing or c Street cleaning Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. 2 13. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. g. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occu pancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s or or ganization s goods products or services Oral or written publication in any manner of material that violates a person s right of pri vacy The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. 15. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16. Products completed operations hazard Includes all bodily injury and property dam age occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended Page 14 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY use by any person or organization other than another contractor or sub contractor working on the same pro ject. Work that may need service mainte nance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused ma terials or 3 Products or operations for which the clas sification listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occur rence 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 systems and appli cations software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electroni cally controlled equipment. 18. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this in surance applies are alleged. Suit includes a. An arbitration proceeding in which such dam ages are claimed and to which the insured must submit or does submit with our consent or Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our consent. 19. Temporary worker means a person who is 20. furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21. Your product 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 busi ness or assets you have acquired and 2 Containers other than vehicles materi als parts or equipment furnished in con nection with such goods or products. Includes 1 Warranties or representations made at any time with respect to the fitness qual ity durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. Your work Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. CG 00011001 1SO Properties Inc. 2000 Page 15 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY b. Includes 1 Warranties or representations made at any time with respect to the fitness qual ity durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 16 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE POLLUTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS Paragraph f.2 Pollution Part 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is b deleted and replaced by the following 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up re move contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a gov ernmental authority because of testing for monitoring cleaning up removing containing treating detoxifying or neu tralizing or in any way responding to or assessing the effects of pollutants. CG D255 11 03 Copyright The Travelers Indemnity Company 2003 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MORTGAGEE ASSIGNEE SUCCESSOR OR RECEIVER This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE A A RAE A PRl A A R A A TR iR NAME OF PERSON OR ORGANIZATION Any mortgagee assignee successor or receiver with whom you have agreed in a written contract executed prior to loss to name as an additional insured but only for the limits which you agreed to provide in the written contract or the limits shown on the Declarations whichever are less. However coverage for any such mort gagee assignee successor or receiver will cease as of the date during the policy period when such contract is no longer in effect. DESIGNATION OF PREMISES Any premises for which any mortgagee assignee successor or receiver is required to be named as an additional insured. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. 1. WHO IS AN INSURED Section Il is amended to ership maintenance or use of the premises by include as an insured the persons or organiza you and shown in the Schedule. tions shown in the Schedule but only with re 2. This insurance does not apply to structural spect to their liability as mortgagee assignee o alterations new construction and demolition op successor or receiver and arising out of the own erations performed by or for that person or or ganization. CG D3 75 03 06 Page 1 of 1 Includes the copyrighted material of Insurance Services Office Inc. with its permission. Includes the copyrighted material of The St. Paul Travelers Companies Inc. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS A. AMENDMENT OF DEFINITION OF PERSONAL AND ADVERTISING INJURY The following replaces the definition of personal and advertising injury in the DEFINITIONS Sec tion Personal and advertising injury means personal injury or advertising injury. B. AMENDMENT OF CONTRACTUAL LIABILITY EXCLUSION EXCEPTION FOR DAMAGES BECAUSE OF PERSONAL INJURY ASSUMED BY NAMED INSURED IN AN INSURED CON TRACT 1. The following is added to Exclusion e. Con tractual Liability in Paragraph 2. of SEC TION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY This exclusion also does not apply to liability for damages because of personal injury as sumed by you in a contract or agreement that is an insured contract provided that the personal injury is caused by an offense committed subsequent to the execution of the contract or agreement. Solely for the pur poses of liability assumed by you in an in sured 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 personal injury provided that 1 Liability to such party for or for the cost of that party s defense has also been as sumed by you in the same insured con tract and Such attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute reso lution proceeding in which damages to which this insurance applies are alleged. 2 CG D4 7102 09 2009 The Travelers Companies Inc. 2. The following replaces the third sentence of Paragraph 2. of SUPPLEMENTARY PAY MENTS COVERAGES A AND B Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily In jury And Property Damage Liability or Para graph 2.e. of Section Coverage B Per sonal and Advertising Injury Liability such payments will not be deemed to be damages because of bodily injury property damage or personal injury and will not reduce the limits of insurance. 3. The following replaces the first paragraph of Paragraph f. of the definition of insured con tract in the DEFINITIONS Section f. That part of any other contract or agree ment pertaining to your business includ ing an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury property damage or per sonal injury to a third party or organiza tion. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. C. AMENDMENT OF OTHER EXCLUSIONS 1. The following replaces Exclusion b. Material Published With Knowledge Of Falsity in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY b. Material Published With Knowledge Of Falsity Personal injury or advertising injury arising out of oral or written publication including publication by electronic means of material if done by or at the direction of the insured with knowledge of its fal sity. 2. The following replaces Exclusion c. Material Published Prior To Policy Period in Para Page 1 of 4 Includes copyrighted material of Insurance Services Office Inc. with its permission. CG D4 7102 09 | 2 |
COMMERCIAL GENERAL LIABILITY graph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY c. Material Published Or Used Prior To Policy Period 1 Personal injury or advertising in jury arising out of oral or written pub lication including publication by elec tronic means of material whose first publication took place before the be ginning of the policy period or Advertising injury arising out of in fringement of copyright title or slo gan in your advertisement whose first infringement in your advertise ment was committed before the be ginning of the policy period. The following replaces Exclusion f. Breach Of Contract in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY f. Breach Of Contract Advertising injury arising out of a breach of contract. 2 The following replaces Exclusion g. Quality Or Performance of Goods Failure To Conform To Statements in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY g. Quality Or Performance Of Goods Failure To Conform To Statements Advertising injury arising out of the fail ure of goods products or services to con form with any statement of quality or per formance made in your advertisement. The following replaces Exclusion h. Wrong Description Of Prices in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY h. Wrong Description Of Prices Advertising injury arising out of the wrong description of the price of goods products or services stated in your ad vertisement. The following replaces Exclusion i. In fringement Of Copyright Patent Trade mark Or Trade Secret in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY i. Intellectual Property Personal injury or advertising injury arising out of any actual or alleged in fringement or violation of any of the fol lowing rights or laws or any other per sonal injury or advertising injury alleged in any claim or suit that also alleges any such infringement or violation 1 Copyright 2 Patent 3 Trade dress 4 Trade name 5 Trademark 6 Trade secret or 7 Other intellectual property rights or laws. This exclusion does not apply to 1 Advertising injury arising out of any actual or alleged infringement or vio lation of another s copyright title or slogan in your advertisement or 2 Any other personal injury or adver tising injury alleged in any claim or suit that also alleges any such in fringement or violation of another s copyright title or slogan in your advertisement. 7. The following replaces Exclusion j. Insureds In Media And Internet Type Businesses in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY j Insureds In Media And Internet Type Businesses Personal injury or advertising injury arising out of an offense committed by an insured whose business is 1 Advertising broadcasting or pub lishing 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. This exclusion does not apply to Para graphs a.1 2 and 3 of the definition of personal injury. For the purposes of this exclusion mpanies Inc. CG D4 7102 09 vices Office Inc. with its permission. Page 2 of 4 2009 The Travelers Companies Inc. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY 1 Creating and producing correspon dence written in the conduct of your business bulletins financial or an nual reports or newsletters about your goods products or services will not be considered the business of publishing and The placing of frames borders or links or advertising for you or others anywhere on the Internet will not by itself be considered the business of advertising broadcasting or publish ing. 8. The following replaces Paragraph 2 of Ex clusion n. Pollution Related in Paragraph 2. of SECTION COVERAGES COVER AGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2 Claim or suit by or on behalf of a govern mental authority because of testing for monitoring cleaning up removing con taining treating detoxifying or neutraliz ing or in any way responding to or as sessing the effects of pollutants. D. AMENDMENT OF WHO IS AN INSURED The following replaces the introductory phrase of Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED 1 Bodily injury or personal injury E. AMENDMENT OF LIMITS OF INSURANCE The following replaces Paragraph 4. of SECTION 1l LIMITS OF INSURANCE Subject to 2. above the Personal and Advertising Injury Limit is the most we will pay under Cover age B for the sum of all damages because of all personal injury and advertising injury sus tained by any one person or organization. F. ADDITIONAL DEFINITIONS The following is added to the DEFINITIONS Sec tion Advertising injury a. Means injury other than personal injury caused by one or more of the following of fenses 1 Oral or written publication including pub lication by electronic means of material in your advertisement that slanders or li bels a person or organization or dispar ages a person s or organization s goods products or services provided that the claim is made or the suit is brought by a 2 CG D4 7102 09 2009 The Travelers Companies Inc. person or organization that claims to have been slandered or libeled or that claims to have had its goods products or ser vices disparaged 2 Oral or written publication including pub lication by electronic means of material in your advertisement that a Appropriates a person s name voice photograph or likeness b Unreasonably places a person in a false light or c Discloses information about a per son s private life or 3 Infringement of copyright title or slo gan 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 one or more of the offenses described in Paragraph a. above. Broadcasting means transmitting any audio or visual material for any purpose a. By radio or television or b. In by or with any other electronic means of communication such as the Internet if that material is part of 1 Radio or television programming being transmitted 2 Other entertainment educational instruc tional music or news programming being transmitted or 3 Advertising transmitted with any of such programming. Personal injury a. Means injury other than advertising injury caused by one or more of the following of fenses 1 False arrest detention or imprisonment 2 Malicious prosecution 3 The wrongful eviction from wrongful entry into or invasion of the right of private oc cupancy of a room dwelling or premises that a person occupies provided that the wrongful eviction wrongful entry or inva sion of the right of private occupancy is committed by or on behalf of the owner landlord or lessor of that room dwelling or premises Page 3 of 4 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 4 | 2 |
COMMERCIAL GENERAL LIABILITY 4 Oral or written publication including pub 5 lication by electronic means of material that slanders or libels a person or organi zation or disparages a person s or or ganization s goods products or services provided that the claim is made or the suit is brought by a person or organiza tion that claims to have been slandered or libeled or that claims to have had its goods products or services disparaged or Oral or written publication including pub lication by electronic means of material that a Appropriates a person s name voice photograph or likeness b Unreasonably places a person in a false light or c Discloses information about a per son s private life. b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. Slogan a. Means a phrase that others use for the pur pose of attracting attention in their advertis ing. b. 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. Title means a name of a literary or artistic work. Page 4 of 4 CG D4 7102 09 2009 The Travelers Companies Inc. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS 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 If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insur ance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insur ance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in ac cordance with procedures established by the Secre tary of the Treasury. Certified act of terrorism means an act that is certi fied by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursu ant to the federal Terrorism R criteria contained in the Terror for a certified act of terrorism 1. The act resulted in insured million in the aggregate at insurance subject to the T Act and 2. The act is a violent act or to human life property o committed by an individua of an effort to coerce the c United States or to influer the conduct of the United coercion. ant 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 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The actis 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. CG 21700108 ISO Properties Inc. 2007 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS Section IV Paragraph 4. Other Insurance is amended as follows 1. The following is added to Paragraph a. Primary Insurance However if you specifically agree in a written con tract or written agreement that the insurance pro vided to an additional insured under this Coverage Part must apply on a primary basis or a primary and non contributory basis this insur ance is primary to other insurance that is avail able to such additional insured which covers such additional insured as a named insured and we will not share with that other insurance provided that a. The bodily injury or property damage for which coverage is sought occurs and b. The personal injury or advertising injury for which coverage is sought arises out of an of fense committed subsequent to the signing and execution of that contract or agreement by you. The first Subparagraph 2 of Paragraph b. Ex cess Insurance regarding any other primary in surance available to you is deleted. The following is added to Paragraph b. Excess Insurance as an additional subparagraph under Subparagraph 1 That is available to the insured when the insured is added as an additional insured under any other policy including any umbrella or excess policy. CG D0 37 04 05 Copyright 2005 The St. Paul Travelers Companies Inc. All rights reserved. Page 1 of 1 | 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 1. Paragraph 5 of SECTION IIl LIMITS OF INSUR ANCE is amended to include the following Non cumulation of Each Occurrence Limit If one occurrence causes bodily injury andor prop erty damage during the policy period and during the policy period of one or more prior andor future policies that include a commercial general liability coverage part for the insured issued by us or any affiliated insurance company the amount we will pay is limited. This policy s Each Occurrence 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 occur rence. 2. Paragraph 4 of SECTION IIl LIMITS OF INSUR ANCE is amended to include the following Non cumulation of Personal and Advertising Limit If personal injury andor advertising injury is sustained by any one person or organization dur ing the policy period and during the policy period of one or more prior andor future policies that include a commercial general liability coverage part for the insured issued by us or any affiliated insurance company the amount we will pay is limited. This policy s Personal Injury and Advertis ing Injury Limit will be reduced by the amount of each payment made by us and any affiliated in surance company under the other policies be cause of such personal injury andor advertising injury. CGD2031297 Copyright Travelers Indemnity Company 1997 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED CONTRACTORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED Section Il is amended to include any person or organization that you agree in a written contract requiring insurance to include as an additional insured on this Cover age Part but a Only with respect to liability for bodily injury property damage or personal injury and b If and only to the extent that the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of your work to which the written contract requiring insurance applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows a In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the written contract requiring insurance the in surance provided to the additional insured shall be limited to the limits of liability re quired by that written contract requiring in surance. This endorsement shall not in crease the limits of insurance described in Section Il Limits Of Insurance. b The insurance provided to the additional in sured does not apply to bodily injury prop erty damage or personal injury arising out of the rendering of or failure to render any professional architectural engineering or sur veying services including i. The preparing approving or failing to prepare or approve maps shop draw ings opinions reports surveys field or ders or change orders or the preparing approving or failing to prepare or ap prove drawings and specifications and ii. Supervisory inspection architectural or engineering activities. c The insurance provided to the additional in sured does not apply to bodily injury or property damage caused by your work and included in the products completed op erations hazard unless the written contract requiring insurance specifically requires you to provide such coverage for that additional insured and then the insurance provided to the additional insured applies only to such bodily injury or property damage that oc curs before the end of the period of time for which the written contract requiring insur ance requires you to provide such coverage or the end of the policy period whichever is earlier. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other insurance whether primary excess contingent or on any other basis that is available to the additional insured for a loss we cover under this endorsement. However if the written contract requiring insurance specifically requires that this insurance apply on a primary basis or a primary and non contributory basis this insurance is primary to other insurance available to the additional insured which covers that person or organization as a named insured for such loss and we will not share with that other insurance. But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible other in surance whether primary excess contingent or on any other basis that is available to the addi tional insured when that person or organization is an additional insured under such other insur ance. As a condition of coverage provided to the additional insured by this endorsement a The additional insured must give us written notice as soon as practicable of an occur rence or an offense which may result in a claim. To the extent possible such notice should include CG D2 46 08 05 2005 The St. Paul Travelers Companies Inc. Page 1 of 2 | 2 |
COMMERCIAL GENERAL LIABILITY b c d i. How when and where the occurrence or offense took place ii. The names and addresses of any injured persons and witnesses and iii. The nature and location of any injury or damage arising out of the occurrence or offense. If a claim is made or suit is brought against the additional insured the additional insured must i. Immediately record the specifics of the claim or suit and the date received and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or suit as soon as practicable. The additional insured must immediately send us copies of all legal papers received in connection with the claim or suit cooperate with us in the investigation or settlement of the claim or defense against the suit and otherwise comply with all policy conditions. The additional insured must tender the de fense and indemnity of any claim or suit to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement. However this condition does not affect whether the insur ance provided to the additional insured by this endorsement is primary to other insur ance available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. DEFINITIONS Written contract requiring insurance means that part of any written contract or agreement under which you are required to include a person or organization as an additional in sured on this Coverage Part provided that the bodily injury and property damage oc curs and the personal injury is caused by an offense committed a. After the signing and execution of the contract or agreement by you b. While that part of the contract or agreement is in effect and c. Before the end of the policy period. Page 2 of 2 2005 The St. Paul Travelers Companies Inc. CG D2 46 08 05 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE POLLUTION COOLING DEHUMIDIFYING AND WATER HEATING EQUIPMENT EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following replaces Paragraph 1ai of Exclusion f. Pollution in Paragraph 2. of SECTION COVER AGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 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 dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests CG D4 1304 08 Page 1 of 1 2008 The Travelers Companies Inc. Includes the copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INTERNATIONAL XTEND ENDORSEMENT FOR SERVICE INDUSTRIES This endorsement modifies insurance provided under the following 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 cover age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en dorsement and the rest of your policy carefully to determine rights duties and what is and is not covered. A. Broadened Named Insured B. Blanket Additional Insured Broad Form Vendors C. Limited Worldwide Liability Coverage In demnity Basis D. Damage To Premises Rented To You Perils of fire explosion lightning smoke water Limit increased to 300000 E. Blanket Waiver of Subrogation F. Blanket Additional Insured Owners Manag ers or Lessors of Premises G. Blanket Additional Insured Lessors of Leased Equipment H. Incidental Medical Malpractice I. Personal Injury Assumed by Contract PROVISIONS A. BROADENED NAMED INSURED 1. The following is added to SECTION Il WHO IS AN INSURED Any organization other than a partnership or joint venture over which you maintain owner ship or majority interest on the effective date of the policy qualifies as a Named Insured. However coverage for any such organization will cease as of the date during the policy pe riod that you no longer maintain ownership of or majority interest in such organization. J. K. Bodily Amended Bodily Injury Definition Injury to Co Employees and Co Volunteer Workers Aircraft Chartered with Crew M. Non Owned Watercraft Increased from 25 feet to 50 feet Increased Supplementary Payments Cost of bail bonds increased to 2500 Loss of earnings increased to 500 per day. Knowledge and Notice of Occurrence or Offense Unintentional Omission. Reasonable Force Bodily Injury or Property Damage Transportation Expenses For Repatriation or Relocation of Injured Or Sick Employees The following replaces Paragraph 4.a. of SECTION Il WHO IS AN INSURED a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier unless reported in writing to us within 180 days.. BLANKET ADDITIONAL INSURED BROAD FORM VENDORS The following is added to SECTION Il WHO IS AN INSURED Any person or organization that is a vendor and that you have agreed in a written contract or PROVISIONS A. BROADENED NAMED INSURED 1. The following is added to SECTION Il WHO IS AN INSURED Any organization other than a partnership or joint venture over which you maintain owner ship or majority interest on the effective date of the policy qualifies as a Named Insured. However coverage for any such organization will cease as of the date during the policy pe riod that you no longer maintain ownership of or majority interest in such organization. CG D467 1208 Page 1 of 9 2008 The Travelers Companies Inc. | 2 |
COMMERCIAL GENERAL LIABILITY agreement to include as an additional insured on this Coverage Part is an insured but only with re spect to liability for bodily injury or property damage that a. Is caused by an occurrence that takes place after you have signed and executed that con tract or agreement and Arises out of your products which are dis tributed 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 ven dor will be the limits which you agreed to pro vide in the written contract or agreement or the limits shown in the Declarations of this Coverage Part whichever are less. The insurance provided to such vendor does not apply to 1 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 2 Any express warranty unauthorized by you 3 Any physical or chemical change in your products made intentionally by such vendor 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 Any failure to make such inspections ad justments tests or servicing as vendors agree to perform or 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 prod ucts or Your products which after distribution or sale by you have been labeled or re labeled or used as a container part or in 4 5 6 gredient of any other thing or substance by or for such vendor. Coverage under this provision does not apply to a. Any person or organization from whom you have acquired your products or any ingre dient part or container entering into accom panying or containing such products or b. Any vendor for which coverage as an addi tional insured specifically is scheduled by en dorsement. C. LIMITED WORLDWIDE LIABILITY COVERAGE INDEMNITY BASIS 1. The following replaces the definition of cov erage territory in the DEFINITIONS Section Coverage territory means The United States of America including its territories and possessions Puerto Rico and Canada International waters or airspace but only if 1 The bodily injury or property dam age is caused by an occurrence that takes place or 2 The personal injury or advertising injury is caused by an offense com mitted in the course of travel or transportation between any places included in Para graph a. above or All other parts of the world except the prohibited area but only if the injury or damage arises out of 1 Goods or products made sold han dled or distributed by you or services provided by you to your customers or clients in the territory described in Paragraph a. above The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal injury or advertising in jury offenses committed through the Internet or similar electronic means of communication 2 provided that the insured s responsibility to pay damages is determined in a suit on the merits brought anywhere in the world except Page 2 of 9 CG D467 1208 2008 The Travelers Companies Inc. | 2 |
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