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Z ZURICH Contractors Liability Supplemental Coverages And Conditions Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part NON OWNED WATERCRAFT SCHEDULE Watercraft Length feet If no amount is shown above 51 feet applies. A. Non owned Watercraft Liability Extended Coverage Paragraph 2 of Exclusion 2.g. Aircraft Auto Or Watercraft under Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2 A watercraft you do not own that is a Less than the length shown in the Non Owned Watercraft Schedule of this endorsement and b Not being used to carry persons or property for a charge B. Damage To Premises Rented Or Occupied By You 1. 3. The last paragraph under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following Exclusions c. through n. do not apply to damage by specific perils to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage to Premises Rented To You Limit of Insurance applies to this coverage as described in Section Ill Limits Of Insurance. The paragraph directly following Paragraph 6 in Exclusion j. of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following Paragraphs 1 3 and 4 of this exclusion do not apply to property damage to premises other than damage by specific perils including property damage to the contents of such premises rented to you under a rental agreement for a period of 14 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 6. of Section Il Limits Of Insurance is replaced by the following 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by one or more specific perils to any one premises while rented to you or temporarily occupied by you with permission of the owner. 4. Paragraph a. of the insured contract definition under the Definitions Section is replaced by the following ine UGL1060 E CW 0413 Page 106 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by specific perils to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract Paragraph i under Paragraph 4.b.1 of the Other Insurance Condition under Section IV Commercial General Liability Conditions is replaced by the following i That is property insurance providing coverage for specific perils for premises rented to you or temporarily occupied by you with permission of the owner The following definitions are added to the Definitions Section Specific perils means fire lightning explosion windstorm or hail smoke aircraft or vehicles riot or civil commotion vandalism leakage from fire extinguishing equipment weight of snow ice or sleet or water damage. Water damage means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. C. Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You 1. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations from whom you lease equipment when you and such persons or organizations have agreed in a written contract or written agreement that such persons or organizations be added as an additional insured on your policy. Such persons or organizations is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. However the insurance afforded to such additional insured a. Only applies to the extent permitted by law and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person s or organization s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits of Insurance The most we will pay on behalf of the additional insured is the amount of insurance a. Required by the written contract or written agreement you have entered into with the additional insured or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. The insurance provided by this Paragraph C. shall not increase the applicable Limits of Insurance shown in the Declarations. D. Additional Insured Managers Or Lessors Of Premises 1. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations that you have agreed in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership maintenance or use of that part of premises leased to you and subject to the following additional exclusions This insurance does not apply to a. Any occurrence which takes place after you cease to be a tenant in that premises. b. Structural alterations new construction or demolition operations performed by or on behalf of the additional insured manager or lessor of the premises leased to you. However the insurance afforded to such additional insured a. Only applies to the extent permitted by law and UGL1060 E CW 0413 Page 20f 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits of Insurance The most we will pay on behalf of the additional insured is the amount of insurance a. Required by the written contract or written agreement you have entered into with the additional insured or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. The insurance provided by this Paragraph D. shall not increase the applicable Limits of Insurance shown in the Declarations. E. Additional Insured State Or Governmental Agency Or subdivision Or Political Subdivision Permits Or Authorizations 1. Section Il Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision that you have agreed in a written contract or written agreement or thatyou are required by statute ordinance or regulation to name as an additional insured subject to the following provisions a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. b. This insurance does not apply to 1 Bodily injury property damage or personal and advertising injury arising out of operations performed for the federal government state or municipality or 2 Bodily injury or property damage included within the products completed operations hazard. However the insurance afforded to such additional insured a. Only applies to the extent permitted by law and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits of Insurance The most we will pay on behalf of the additional insured is the amount of insurance a. Required by the written contract or written agreement you have entered into with the additional insured or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. The insurance provided by this Paragraph E. shall not increase the applicable Limits of Insurance shown in the Declarations. F. Personal And Advertising Injury Coverage Assumed Under Contract Or Agreement 1. Exclusion e. of Section I Coverage B Personal And Advertising Injury Liability is replaced by the following 2. Exclusions This insurance does not apply to e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to 1 Liability for damages that the insured would have in the absence of the contract or agreement or 2 Liability for personal and advertising injury if UGL1060 E CW 0413 Page 30f 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
a The liability pertains to your business and is assumed in a contract or agreement that is an insured contract and b The personal and advertising injury occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability so assumed in such 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 personal and advertising injury provided i Liability to such party for or for the cost of that party s defense has also been assumed in the same contract or agreement and ii Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. For purposes of this personal and advertising injury coverage only Paragraph d. and the second to last paragraph under Paragraph 2. of Supplementary Payments Coverages A and B are replaced by the following 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 interest of the indemnitee So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Such payments will not be deemed to be damages for bodily injury property damage or personal and advertising injury and will not reduce the limits of insurance. G. Insured Contract Amendment Paragraph f. and f.1 through.3 of the insured contract definition under the Definitions Section is replaced by the following f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another to pay for bodily injury property damage or personal and advertising 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 property damage or personal and advertising injury 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 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 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities 4 That indemnifies a person or organization for personal and advertising injury a Arising out of advertising publishing broadcasting or telecasting done for you or on your behalf or b To an employee of such person or organization that does advertising publishing broadcasting or telecasting for you or on your behalf or 5 That indemnifies a labor leasing firm for bodily injury to leased workers. UGL1060 E CW 0413 Page 40 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
H. Medical Payments Increased Reporting Period Paragraph a. of Section Coverage C Medical Payments is replaced by the following 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 three years 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. I Broad Bail Bond Coverage Paragraph 1.b. under Supplementary Payments Coverages A And B is replaced by the following b. 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. J. Amendment Duties In The Event of Occurrence Offense Claim or Suit The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence Offense Claim Or Suit of Section IV Commercial General Liability Conditions Notice of an occurrence or of an offense which may result in a claim under this insurance or notice of a claim or suit shall be given to us as soon as practicable after knowledge of the occurrence offense claim or suit has been reported to your officer manager partner or an employee authorized by you to give or receive such notice. Knowledge by employees other than your officer manager partner or employee authorized by you to give or receive such notice of an occurrence offense claim or suit does not imply that you also have such knowledge. In the event that an insured reports an occurrence to your workers compensation carrier and this occurrence later develops into a General Liability claim covered by this Coverage Part the insured s failure to report such occurrence to us at the time of the occurrence shall not be deemed to be a violation of this Condition. You must however give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. K. Unintentional Failure To Disclose Or Describe Hazards Paragraph 6. Representations of Section IV Commercial General 6. Representations ility Conditions is replaced by the following By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally 1 Fail to disclose all hazards existing at the inception of this policy or 2 Make an error omission or improper description of premises or other statement of information stated in this policy. You must notify us in writing as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part. L. Bodily Injury Redefined The bodily injury definition under the Definitions Section is replaced by the following UGL1060 E CW 0413 Page 501 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. This includes mental anguish mental injury shock fright or death resulting from bodily injury sickness or disease.. Two Or More Of Our Coverage Parts Policies The following is added to Section Ill Limits of Insurance 1. Subject to Paragraph 2. or 3. above whichever applies if this Coverage Part and any other Commercial General Liability Coverage Part or policy providing Commercial General Liability insurance issued to you by us or any other Zurich underwriting company affiliated with us apply to the same occurrence only the highest available Each Occurrence Limit under any such Coverage Part or policy applies to such occurrence. Subject to Paragraph 2. above if this Coverage Part and any other Coverage Part or policy providing Commercial General Liability insurance issued to you by us or any other Zurich underwriting company affiliated with us apply to the same offense only the highest available Personal And Advertising Injury Limit under any such Coverage Part or policy applies to such offense. Under this Coverage Part and all other Zurich underwriting company Coverage Parts or policies to which Paragraphs 1. and 2. above combined apply the most we will pay for all injury or damage because of bodily injury or property damage occurrences personal and advertising injury offenses and medical expenses is a. The single highest Coverage Part or policy General Aggregate Limit or b. The single highest Coverage Part or policy Products Completed Operations Aggregate Limit whichever applies whether such occurrence offenses or medical expenses are covered by one or more than one Zurich underwriting company policy. Any existing provisions under Paragraph 4. Other Insurance under Section IV Commercial General Liability Conditions that may be contrary to the provisions of this endorsement are amended to comply with the changes in coverage as stipulated in Paragraphs 1. 2. and 3. above. This provision does not apply to any Coverage Part or policy issued by us or any other Zurich underwriting company affiliated with us specifically to apply as excess insurance over this Coverage Part.. Your Work Redefined Paragraph a.1 of the your work definition under the Definitions Section is replaced by the following 22. Your work a. Means 1 Work or operations performed by you or on your behalf but does not include work or operations performed by another entity who joined with you to form a partnership or joint venture not shown as a Named Insured in the Declarations which terminated or ended prior to the effective date of this policy and All other terms and conditions of this policy remain unchanged. UGL1060 E CW 0413 Page 60f 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Fungi Or Bacteria Exclusion Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl. Prem Return Prem. THIS END ORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section L. Coverage A Bodily Injury And Property Damage Liability and paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria A. Bodily injury property damage or personal and advertising injury caused directly or indirectly by the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any 1. Fungior bacteria or 2. Substance vapor or gas produced by or arising out of any fungi or bacteria. Loss costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. For the purposes of this exclusion the following definitions are added 1. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 2. Spores means reproductive bodies produced by or arising out of fungi. 3. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. This exclusion does not apply to any fungior bacteria that are are on or are contained in an edible good or edible product intended for human or animal consumption. U GL1171 AC W 0703 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Z ZURICH Additional Insured Automatic Owners Lessees Or Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured M.E. COLLINS CONTRACTING COMPANY INC. Address including ZIP Code 980 E 25TH ST WAHOO NE 68066 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Section Il Who Is An Insured is amended to include as an additional insured any person or organization whomyou are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations or your work as included in the products completed operations hazard which is the subject of the written contract or written agreement. However the insurance afforded to such additional insured 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following additional exclusion applies This insurance does not apply to Bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional architectural engineering or surveying services including a. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. Supervisory inspection architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional architectural engineering or surveying services. U GL1175 F CW 0413 Page 10f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
The following is added to Paragraph 2. Duties In The Event Of Occurrence Offense Claim Or Suit of Section IV Commercial General Liability Conditions The additional insured must see to it that 1. 2. 3. We are notified as soon as practicable of an occurrence or offense that may result in a claim We receive written notice of a claim or suit as soon as practicable and A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non contributory. For the purposes of the coverage provided by this endorsement 1. The following is added to the Other Insurance Condition of Section IV Commercial General Liability Conditions Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured under such other insurance and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV Commercial General Liability Conditions This insurance is excess over Any of the other insurance whether primary excess contingent or on any other basis available to an additional insured in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same occurrence offense claim or suit. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds and which endorsement applies specifically to that identified additional insured. With respect to the insurance afforded to the additional insureds under this endorsement the following is added to Section Il Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance F. 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U GL1175 F CW 0413 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z Welding Health Hazard Exclusion ZURICH Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Addl. Prem THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Owners and Contractors Protective Liability Coverage Form Coverage For Operations of Designated Contractor Products Completed Operations Liability Coverage Part Railroad Protective Liability Coverage Form The following additional exclusion is added to 2. Exclusions of Section L. Coverages 2. Exclusions This insurance does not apply to Welding Health Hazard Bodily injury caused directly or indirectly by the actual alleged or threatened inhalation ingestion absorption or ex posure to harmful fumes or gases caused by welding materials and equipment used in connection with the process of welding or fusing together of any metals or other materials. For the purposes of this exclusion the following definition applies Welding materials and equipment means 1 Welding machinery or other welding process equipment 2 Welding rods 3 Electrodes or 4 Any consumable products including but not limited to wires fluxes coatings or cleaning agents. Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1205 B CW 108 Page L of | 2 |
Z ZURICH Limited Operations Coverage Work Excluded Under A Consolidated Wrap Up Insurance Program Policy No. Exp. Date of Pol. Ef. Date of End. Agency No. Addl. Prem. Return Prem. N N I A N THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured M.E. COLLINS CONTRACTING COMPANY Address including ZIP Code INC. 980 E 25TH ST PO BOX 83 This endorse ment modifies insurance provided under the Commercial General Liability Coverage Part SCHEDULE Description and Location of Operations ANY LOCATION WHERE THE INSURED HAS OR HAD OPERATIONS INSURED BY A CONSOLIDATED WRAP UP INSURANCE PROGRAM. THIS EXCLUSION DOES NOT APPLY TO ANY LOCATIONS THAT MAY BE DESCRIBED IN U GL1058 EXCESS COVERAGE FOR INSUREDS INTEREST IN SPECIFIED WRAP UP PROGRAMS If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. The following exclusion is added to paragraph 2. Exclusions of Coverage A Bodily Injury and Property Damage Liability Section Coverages This insurance does not apply to bodily injury or property damage arising out of either your ongoing opera tions or operations included within the products completed operations hazard at the location described in the SCHEDULE of this endorsement as a consolidated wrap up insurance program has been provided by the prime contractor project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated wrap up insurance program 1. Provides coverage identical to that provided by this Coverage Part 2. Has limits adequate to cover all claims or 3. Remains in effect. B. The exclusion in A. above shall not apply to your ongoing operations at the location shown in the SCHEDULE for your service maintenance correction repair or replacement of the original work performed and insured under the consolidated wrap up insurance program. U GL1294 A CW 1006 Page 10f 2 | 2 |
However this extension of coverage does not apply to damages because of bodily injury or property damage due to any service maintenance correction repair or replacement work 1. as respects the products completed operations hazard or 2. for which coverage is afforded under the consolidated wrap up insurance program. For the application of the coverage provided by this endorsement in paragraph B. above SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONSparagraph 4 Other Insurance is replaced by the following This insurance is excess over any other insurance whether primary excess contingent or on any other ba sis. If any other insurance responds or can respond to this loss we shall have the right but not the duty to defend any suit. 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 1. The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2. The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that may apply and that was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Countersigned Authorized Representative U GL1294 A CW 1006 Page 20f 2 | 2 |
Z ZURICH Lead Liability Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol. Eff. Date of End. AddL Prem THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Dam age Liability and Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability This insurance does not apply to Lead 1 Bodily injury property damage or personal and advert sing injury arising out of resulting from caused by or related to the actual alleged or threatened a b Exposure to or existence of lead paint containing lead or any other material product or substance containing lead or Manufacture distribution sale resale re branding installation repair removal encapsulation abatement replace ment or handling of lead paint containing lead or any other material product or substance containing lead whether the lead is or was at any time airborne ingested inhaled absorbed transmitted in any fashion or found in any form whatsoever or whether any other cause event material product or substance contributed concurrently or in any se quence to the injury or damage. Any sums that any insured or other entity must pay repay or reimburse because of any a b Request demand order or statutory or regulatory requirement that any insured or others test for sample monitor clean up remove abate cover contain treat mitigate or neutralize lead paint containing lead or any other mate rial product or substance containing lead or in any way respond to or asses s the effects of lead in any form or Claim or suit for damages relating to testing for sampling monitoring cleaning up removing abating covering containing treating mitigating or neutralizing lead paint containing lead or any other material product or sub stance containing lead or in any way responding to or assessing the effects of lead in any form. 3 Any other loss cost or expense arising out of caused by or relating in any way to lead. U GL 1342 A CW 1007 Page L of | 2 |
Asbestos Exclusion Endorsement Policy No. EIf. Date of Pol. Exp. Date of Pol. Eff. Date of End. AddL Prem r P THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Asbestos A. Bodily injury property damage or personal and advertising injury arising out of or which would not have oc curred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or B. Any sums that any insured or other entity must pay repay or reimburse because of any 1. Request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study. contain treat encapsulate control or take any other action regarding asbestos or 2. Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or C. Any other loss cost or expense arising out of or relating in any way to asbestos. U GL1178 A CW 0703 Page L of Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Premium And Reports Agreement Composite Rated Policies THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under any of the following Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part Owners Contractors Protective Coverage Part Railroad Protective Coverage Part Schedule 1. Unit of Exposure Gross sales O Area O Gallons O Each O Rooms General Liability Payroll O Admissions O Units O Rounds played O Total Cost O Total Operating Expenditures O Occupied rooms O Licensed Autos X Workers Compensation Payroll as Developed under Policy Number WC 1051833 00 Schedule Coverage Description Unit of Exposure Rates Estimated Premiums COMMERCIAL WC 4397000 1.520 66834 PAYROLL PER 100 TERRORISM 7 OF GL PREMIUM 668 Add more rows as required 3. Deposit Premium 67502 4. Minimum Premium 33417 Condition 5 Premium Audit of Section IV Commercial General Liability Conditions is replaced by the following 5. Premium Audit We will compute all premiums for this Coverage Part according to our rules and the composite rates shown in the Sched ule above or attached hereto. b. For policies other than Annual Reporting the deposit premium shown in the Schedule is due and payable on the first day of the policy period. The first Named Insured will pay within 20 days following the mailing or delivery of the statement of audited premium for each audit period the earned premium due. U GL872 B CW 04 09 Page 1 of 2 | 2 |
Within 180 days after this Coverage Part expires we will conduct an audit which may not be waived. We will compute the earned premium for the policy period by multiplying the composite rate against the total developed exposure. If the earned premium is greater than the sum of the deposit and any interim adjustment premiums the first Named Insured will pay us the excess if less we will return the unearned portion to the first Named Insured. However the earned premium will not be less than the Minimum Premium as shown in the Schedule. d. The first Named Insured must maintain records of the information we need for premium computation and send us copies at such times as we may request.. The units of exposure shown in the Schedule are defined as follows 1. Admissions means the total number of persons other than employees of the named insured admitted to events con ducted on the insured premises whether on paid admissions tickets complimentary tickets or passes. 2. Gallons means the total number of gallons of liquefied petroleum gass whether or not the insured actually takes pos on of such gases. invoiced on any basis to any customer 3. Gross sales means gros unit. sales invoiced before discounts but does not include taxes collected for any governmental 4. Licensed auto means the final average of the number of autos at policy inception and the number of autos at policy termination. 5. Occupied rooms means the number of rooms actually rented during the policy year in a hotel or other place of lodg ing. 6. General Liability payroll means total remuneration for all employees of the insured as defined in our rating man uals. 7. Workers Compensation payroll means total remuneration for all employees of the insured as defined in our rat ing manuals. 8. Rounds played means the number of both paid and gratuitous rounds of golf played on an 18 hole golf course dur ing the policy year. Rounds that are less then 10 holes will be counted as a half round toward the total number of rounds of golf played. 9. Each means the total number of exposure units as described in the exposure bas 10. Rooms mean the total number of rooms available for rent in a hotel or other place of lodging. 11. Total cost means the total cost of all work let or sublet in connection with each specified project including the cost of all labor material and equipment furnished used or delivered in the execution of the work however do not in clude the cost of finished equipment installed but not furnished by the subcontractor if the subcontractor does no other work on or in connection with such equipment and all fees bonuses or commissions made paid or due. 12. Total Operating Expenditures means expenditures including grants entitlements and shared revenue without re gard to source of revenue including accounts payable. 13. Units means a single room or group of rooms intended for occupancy as group of unrelated persons living together or by a person living alone. parate living quarters by a family by a 14. Area means the total number of square feet of floor space at the insured premises they occupy or lease to others. 15. Other means the unit of exposure as defined in the Unit of Exposure Schedule of this endorsement. Page 2 of 2 U GL872 B CW 04 09 | 2 |
Z ZURICH Deductible Endorsement Occurrence Policy No. Exp. Date of Pol. Eff. Date of End. Agency No. Addl. Prem. Return Prem. I S N N S THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Employee Benefits Liability Coverage Part It is agreed that the following deductible provisions are added to the policy as respects the Employee Benefit Li ability Coverage Part The terms of this Coverage Part apply regardless of the application of the deductible amount. This in cludes those terms with respect to a. Our rights and duties with respect to the de Deductible 1000 N T R fense of suits and 1. The deductible amount stated above shall be de ducted from the amount of all claims arising out of the same act error or omission. We shall be liable only for the difference between such deductible amount and the amount of insurance otherwise ap plicable on a per act error or omission basis. The Aggregate Limit will not be reduced by the appli cation of such deductible. b. The insured s duties in the event of an act er ror or omission or a claim or suit. We may pay any part or all of the deductible amount to effect settlement of any claim or suit. You shall promptly reimburse us for such part of the deductible amount as has been paid by us after we notify you of our action. The terms of this Coverage Part apply regardless of the application of the deductible amount. This in cludes those terms with respect to a. b. The insured s duties in the event of an act er ror or omission or a claim or suit. We may pay any part or all of the deductible amount to effect settlement of any claim or sui You shall promptly reimburse us for such part of the deductible amount as has been paid by us after we notify you of our action. U GL852 A CW 796 Page Lof | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 02241093 EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Policy No. GLO 1051832 00 1201 A.M. standard time Named Insured Countersigned by Authorized Representative SCHEDULE Number of Days Notice 10 DAYS NOTICE FOR NON PAYMENT OF PREMIUM 30 DAYS FOR FRAUD MISREPRESENTATION CHANGES IN CONDITIONS OR INSOLVENCY 60 DAYS FOR ANY OTHER REASON If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement. For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. CL 648 10 93 CG 0224 1093 Copyright Insurance Services Office Inc. 1992 Page 1 of 1 | 2 |
POLICY NUMBER GLO 1051832 00 VBER GLO 1051832 00 COMMERCIAL GENERAL LIABILITY CG 03 00 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Coverage Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE Bodily Injury Liability OR Property Damage Liability OR Bodily Injury Liability andor Property Damage Liability Combined 5000 applicable If no entry appears above information required to complete this endorsement will be shown in the Declarations a to this endorse ment. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductibles apply to damages for all bodily injury and property damage however caused 5000 BODILY INJURY AND PROPERTY DAMAGE DEDUCTIBLE PER OCCURRENCE A. Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. You may select a deductible amount on either a per claim or a per occurrence basis. Your se lected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Sched ule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage. to all damages sustained by any one person because of bodily injury b. Under Property Damage Liability Cover age to all damages sustained by any one person because of property damage or. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages sustained by any one person because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence. If damages are claimed for care. loss of serv ices or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to property damage person in cludes an organization. CG 03 00 01 96 Copyright Insurance Services Office Inc. 1994 Page 1 of 2 | 2 |
as the result of any one occurrence regardless of the number of persons or organizations who sustain damages because of that occurrence. The terms of this insurance including those with respect to 1. Our right and duty to defend the insured against any suits seeking those damages and 2. Your duties claim or s in the event of an occurrence apply irrespective of the application of the deducti ble amount. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deducti ble amount as has been paid by us. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a per occurrence basis that deductible amount applies as follows a. Under Bodily Injury Liability Coverage to all damages because of bodily injury b. Under Property Damage Liability Coverage to all damages because of property damage or Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined CG 03 00 01 96 Page 2 of 2 Copyright Insurance Services Office Inc. 1994 | 2 |
POLICY NUMBER GLO 1051832 00 POLICY NUMBER GLO 1051832 00 COMMERCIAL GENERAL LIABILITY CG 04370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELECTRONIC DATALIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Loss Of Electronic Data Limit 50000 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Exclusion 2.p. of Coverage A Bodily Injury And D. For the purposes of the coverage provided by this Property Damage Liability in Section Coverages endorsement the definition of property damage is replaced by the following in the Definitons section is replaced by the 2. Exclusions following This insurance does not apply to 17. Property damage means p. Electronic Data a. Physical injury to tangible property L including all resulting loss of use of that Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data that does not result from physical injury to tangible property. However this exclusion does not apply to liability for damages because of bodily property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it or injury. B. The following paragraph is added to Section Il Limits Of Insurance Subject to 5. above the Loss of Electronic Data Limit shown in the Schedule above is the most we will pay under Coverage A for property damage because of all loss of electronic data arising out of any one occurrence. C. The following definition is added to the Definitions section 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 ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. c. Loss of loss of use of damage to corruption of inability to access or inability to properly manipulate electronic data resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. Insurance Services Office Inc. 2012 CG 04370413 Page 10of 1 | 2 |
POLICY NUMBER GLO 1051832 00 POLICY NUMBER GLO 1051832 00 COMMERCIAL GENERAL LIABILITY CG20110413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises Part Leased To You ALL PREMISES LEASED OR RENTED BY THE NAMED INSURED Name Of Persons Or Organizations Additional Insured ANY MANAGER OR LESSOR OF PREMISES WHO REQUIRES THE NAMED INSURED NAME THEM AS ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT Additional Premium INCL. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability arising out of the ownership maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions This insurance does not apply to 1. Any occurrence which takes place after you cease to be a tenant in that premises. 2. Structural alterations new construction or demolition operations performed by or on behalf of the persons or organizations shown in the Schedule. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. LL PREMISES LEASED OR RENTED BY THE NAMED INSURED CG20110413 Insurance Services Office Inc. 2012 Page 10of 1 | 2 |
POLICY NUMBER GLO 1051832 00 POLICY NUMBER GLO 1051832 00 COMMERCIAL GENERAL LIABILITY CG20280413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations ANY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT OR PERMIT TO PROVIDE ADDITIONAL INSURED STATUS Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires. C. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. NY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE REQUIRED TO ROVIDE ADDITIONAL INSURED STATUS IN A WRITTEN CONTRACT OR WRITTEN SREEMENT OR PERMIT TO PROVIDE ADDITIONAL INSURED STATUS CG20280413 Insurance Services Office Inc. 2012 Page 10of 1 | 2 |
POLICY NUMBER GLO 1051832 00 POLICY NUMBER GLO 1051832 00 COMMERCIAL GENERAL LIABILITY CG20320413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENGINEERS ARCHITECTS OR SURVEYORS NOT ENGAGED BY THE NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Engineers Architects Or Surveyors Not Engaged By The Named Insured ANY ENGINEERS ARCHITECTS OR SURVEYORS WHILE NOT ENGAGED BY YOU TO WHOM OR TO WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO THE LOSS Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the architects engineers or surveyors shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations performed by you or on your behalf. Such architects engineers or surveyors while not engaged by you are contractually required to be added as an additional insured to your policy. However the insurance afforded to such additional insured 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. additional insureds the following additional exclusion applies This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or the failure to render any professional services including 1. The preparing approving or failing to prepare or approve maps drawings opinions reports surveys change orders designs or specifications or 2. Supervisory inspection or services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional services. engineering TATUS IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO HE LOSS CG20320413 Insurance Services Office Inc. 2012 Page 10f 2 | 2 |
C. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2of 2 Insurance Services Office Inc. 2012 CG20320413 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Li ity This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whomany of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 21471207 ISO Properties Inc. 2006 Page 10of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 21861204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. This insurance does not apply to bodily injury B. The following definition is added to the Definitions property damage or personal and advertising in jury arising out of caused by or attributable to whether in whole or in part the following 1. The design manufacture construction fabrica tion preparation distribution and sale installa tion application maintenance or repair includ ing remodeling service correction or replacement of any exterior insulation and fin ish system or any part thereof or any substan tially similar system or any part thereof includ ing the application or use of conditioners primers accessories flashings coatings caulking or sealants in connection with such a system or 2. Your product or your work with respect to any exterior component fixture or feature of any structure if an exterior insulation and fin ish system or any substantially similar system is used on the part of that structure containing that component fixture or feature. Section Exterior insulation and finish system means a non load bearing exterior cladding or finish sys tem and all component parts therein used on any part of any structure and consisting of 1. A rigid or semi rigid insulation board made of expanded polystyrene and other materials 2. The adhesive andor mechanical fasteners used to attach the insulation board to the sub strate 3. Areinforced or unreinforced base coat 4. A finish coat providing surface texture to which color may be added and 5. Any flashing caulking or sealant used with the system for any purpose. CG 21861204 ISO Properties Inc. 2003 Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG22790413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage L ity and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 1. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to either or both of the following operations a. Providing engineering architectural or surveying services to others in your capacity as an engineer architect or surveyor and b. Providing or hiring independent professionals to provide engineering architectural or surveying services in connection with construction work you perform. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional services by you or on your behalf with respect to the operations described above. 2. Subject to Paragraph 3. below professional services include a. Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities.. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. CG22790413 Insurance Services Office Inc. 2012 Page 10of 1 | 2 |
POLICY NUMBER GLO 1051832 00 POLICY NUMBER GLO 1051832 00 COMMERCIAL GENERAL LIABILITY CG 24171001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY RAILROADS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad IALL WORK IN CONNECTION WITH CONSTRUCTION OR DEMOLITION OPERATIONS ON OR WITHIN 50 FEET OF A RAILROAD Designated Job Site If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. With respect to operations performed for or affecting a Scheduled Railroad at a Designated Job Site the definition of insured contract in the Definitions sec 1 That indemnifies an architect engineer or tion is replaced by the following surveyor for injury or damage arising out 9. Insured Contract means of Paragraph f. does not include that part of any contract or agreement 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 b. A sidetrack agreement c. Any easement or license agreement d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an 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 contract or agreement. a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage 2 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 Paragraph 1 above and supervisory in spection architectural or engineering activi ties. L WORK IN CONNECTION WITH NSTRUCTION OR DEMOLITION ERATIONS ON OR WITHIN 50 FEET OF RAILROAD Paragraph f. does not include that part of any contract or agreement 1 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage 2 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 Paragraph 1 above and supervisory in spection architectural or engineering activi ties. ISO Properties Inc. 2000 Page 10f 1 o CG 24171001 | 2 |
POLICY NUMBER GLO 1051832 00 CY NUMBER GLO 1051832 00 COMMERCIAL GENERAL LIABILITY CG 2503 0509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects A GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS HOWEVER ONLY ONE GENERAL AGGREGATE LIMIT WILL APPLY TO ALL CONSTRUCTION PROJECTS WHERE THE NAMED INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER COMBINED CONSOLIDATED OR SIMILAR INSURANCE PROGRAM Information required to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. CG 2503 05 09 Insurance Services Office Inc. 2008 Page 10f 2 m | 2 |
B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned delayed or abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables the project will still be deemed to be the same construction project. E. The provisions of Section lll Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Insurance Services Office Inc. 2008 CG 2503 05 09 o | 2 |
POLICY NUMBER GLO 1051832 00 POLICY NUMBER GLO 1051832 00 COMMERCIAL GENERAL LIABILITY CG 2504 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATIONS GENERAL AGGREGATELIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Locations ALL LOCATIONS OTHER THAN CONSTRUCTION PROJECTS OCCUPIED BY THE NAMED INSURED Information required to complete this Schedule if not shown above will be shown in the Declarations. OTHER THAN CONSTRUCTION PROJECTS OCCUPIED BY THE A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to operations at a single designated location shown in the Schedule above 1. A separate Designated Location General Aggregate Limit applies to each designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated location shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Location General Aggregate Limit. CG 25 04 05 09 Insurance Services Office Inc. 2008 Page 10f 2 m | 2 |
B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to operations at a single designated location shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Location General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. D. For the purposes of this endorsement the Definitions Section is amended by the addition of the following definition Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. E. The provisions of Section lll Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Insurance Services Office Inc. 2008 CG 25 04 05 09 o | 2 |
LIMITED POLLUTION COVERAGE ENDORSEMENT WORK SITE Policy No. EIf. Date of Pol. Exp. Date of Pol. Eff. Date of End. AddL Prem THIS ENDORSEMENT MODIFIES THE INSURANCE PROVIDED BY THE COMMERCIAL GENERAL LIABILITY COVERAGE PART ONLY AS RESPECTS THE EXCEPTION COVERAGE PROVIDED FOR WORK SITE POLLUTION. PLEASE READ THIS ENDORSEMENT CAREFULLY SINCE IT MAY INCLUDE TERMS AND CONDITIONS DIFFERENT FROM OTHER POLICIES OR POLLUTION COVERAGE ENDORSEMENTS YOU MAY HAVE PURCHASED. SCHEDULE Deductible 5000 Each Pollution Incident Limit 1000000 Limited Pollution Aggregate Limit 2000000 A. Paragraphs 1 d and 1 of Exclusion f. Pollution Coverage A. are deleted. B. L. With regard to any work site we will pay those sums that the insured becomes legally obligated to pay as damages for bodily injury or property damage which occur as a direct result of a pollution incident but only if the pollu tion incident a. Emanates from a work site b. Occurs during the policy period and within the coverage territory c. Has a duration of no more than seventy two 72 consecutive hours and d. Is promptly reported to us but in no event later than thirty 30 days from the date the pollution incident com menced. We will also pay for bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such work site has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at the work site and such work site is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured. The amount we will pay for damages is limited as described in D. Limits of Insurance of this endorse ment and Our right and duty to defend for this coverage end when we have used up the applicable limit of insurance shown in the SCHED ULE of this endorsement in payment of judgments or settlements under the work site pollution cover age provided herein. C. This work site insurance does not apply to 1. Any work site that has either been proposed for or included on the federal government s National Priorities List Superfund Site or any similar state environmental Superfund or priorities list Any pollutants which are or were at any time transported handled stored treated disposed of or processed as waste from any work site by or for any insured or any person or organization for whom the insured may be legally responsible Any work site which is or was at any time used by or for the insured or others for the handling storage disposal processing or treatment of waste 4. Any underground storage tank system U GL1059 A 0502 Page 1 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1059 A 0502 Page 1of 3 | 2 |
5. Any failure to comply with any applicable statute regulation ordinance directive or order relating to the pro tection of the environment and promulgated by any government body provided that failure to comply is a willful or deliberate act or omission of the insured 6. Any offshore facility as defined in the Outer Continental Shelf Lands Act Amendment of 19789 or the Clean Water Act of 1977 as amended in 1978 or any deepwater port as defined in the Deepwater Port Act of 1974 as amended or as may be amended 7. Any obligation or liability assumed by the insured under any contract or agreement unless the insured would have that obligation or liability in the absence of said contract or agree ment 8. Any exposure to asbestos or the removal or clean up of asbestos or the disposal of asbestos products fibers or dust 9. Any emission discharge release or escape of drilling fluid oil gas or other fluids from any oil gas. mineral water or geothermal well 10. Any bodily injury or property damage included within the products completed operations hazard 1. Any bodily injury or property damage arising out of acid rain 12. Any bodily injury or property damage arising out of lead paint containing lead or any other material or sub stance containing lead or 13. Any bodily injury or property damage arising at or from any work site if the operations performed at that work site are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. D. Limits of Insurance 1. The Limits of Insurance shown in the SCHEDULE of this endorse ment and the provisions below determine the most we will pay under this coverage regardless of the number of a. insureds b. claims made or suits brought or c. persons or organizations making claims or bringing s shown in the SCHED ULE of this endorsement is the most ing from all pollution incidents combined for which cover 2. The Limited Pollution Aggregate Limit of Insuran we will pay for the sum of all covered damages age is provided by this endorsement. 3. Subject to the provisions of the Limited Pollution Aggregate Limit of Insurance in E. 2. above the most we will pay for all covered damages arising from any one pollution incident for which coverage is provided by this en dorsement will be the lesser of a. The Each Pollution Incident Limit of Insurance indicated in the SCHED ULE of this endorse ment or b. The sum of all damages arising out of any one pollution incident minus the deductible if any shown in the Schedule of this endorse ment. 4. Any and all damages paid under the terms and conditions of this endorsement will further be applied against and will reduce the policy General Aggregate Limit of Insurance shown on the Declarations page. as provided in the Commercial General Liability Coverage Part in the same manner and in addition to all other damages losses costs or expenses incurred under all other coverages of the Commercial General Liability Coverage Part that are also subject to the General Aggregate Limit. 5. We may pay part or all of any deductible amount if applicable to effect settlement of any claim or suit. Upon notice of our payment of any deductible amount you shall promptly reimburse us for the part of the deductible amount we paid. E. As respects the coverage provided in this endorsement for work site pollution only Section IV. Condition 4. Other In surance is deleted and replaced by the following 4. Other Insurance U GL1059 A 502 Page 2 of3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
If other valid and collectible insurance is available to the insured for any damages that we also cover under this en dorsement our obligations are limited as follow 1. This insurance is excess over any other applicable insurance be it primary excess contingent or on any other basi 2. We will have no duty under this endorsement 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 the defense but we will be entitled to the insurer s rights against all those other insurers. 3. We will only pay our share of the amount of damages that exceed the sum of a. The total amount that all such insurance would pay for said damages in the absence of this insurance and b. The total of all deductible and self insured amounts under all such other insurance. We will share the damages with any other insurance that is not described in this Other Insurance provision and was not bought specifically to apply in excess of the Limits Of Insurance set forth in the Schedule of this en dorsement. F. Definitions The following definitions apply as respects the insurance provided by this endorse ment only 1. Pollution incident means An unexpected and unintended discharge dispersal release or escape of pollutants at a work site that is demon strable as having commenced abruptly on a specific identifiable date during the policy period. For purposes of this endorse ment pollution incident applies in place of occurrence. All interrelated repeated or continuous episodes of a discharge dispersal release or escape of pollutants shall in their entirety be deemed to be a single pollution incident. All bodily injury or property damage resulting from a single pollution incident shall be deemed to have occurred only at the commencement date of the discharge di persal release or escape of pollutants. 2. Suit means a civil proceeding in which damages because of a covered pollution incident are alleged cludes Suit in a. Anarbitration 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 in sured submits with our consent. 3. Underground Storage Tank System means Any tank including associated piping or equipment connected to the tank that has at least ten percent 10 of volume below ground. 4. Work site means Any pre mis ite or location where the insured or any contractor or subcontractor working directly or indirectly on any insured s behalf is performing operations. Work site does not include any premises site or location which is or was at any time owned rented or occupied by any insured. The terms and conditions of exclusion f. Pollution and all other terms and conditions of the policy not affected by this en dorse ment continue to apply as currently written. U GL1059 A 0502 Page3of 3 | 2 |
Z ZURICH Advisory notice to policyholders regarding the US. Treasury Department s Office of Foreign Assets Control OFAC regulations No coverage is provided by this policyholder notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your declarations page for complete information on the coverages you are provided. This notice provides information concerning possible impact on your insurance coverage due to directives issued by the U.S. Treasury Department s Office of Foreign Assets Control OFAC. Please read this Notice carefully. OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treasury.govaboutorganizationalstructure offices Pages OfficeofForeignAssetsControl.aspx. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC restrictions. When an insurance policy is considered to be such a blocked or frozen contract no payments or premium refunds may be made without authorization from OFAC. Other limitations on premiums and payments also apply. Includes copyrighted material of Insurance Services Office Inc. with its permission. UGU1041 A 311 Page 1 of 1 | 2 |
Policy Number TB2 641 444418 017 Issued by Liberty Mutual Fire Insurance Co. ANNUAL MEETING NOTICE Your policy is issued by a stock insurance company subsidiary of the Liberty Mutual Holding Company Inc. a Massachusetts mutual holding company. The named insured first named in the Declarations is a member of Liberty Mutual Holding Company Inc. As a member of Liberty Mutual Holding Company Inc. the named insured first named is entitled among other things to vote either in person or by proxy at the annual meeting or special meetings of said company. The Annual Meeting of Liberty Mutual Holding Company Inc. is at its offices located at 175 Berkeley Street Boston Massachusetts on the second Wednesday in April each year at ten oclock in the morning. Members of Liberty Mutual Holding Company Inc. may request a copy of the company s annual financial statements which are posted on Liberty Mutual s website at www.libertymutual.com or by writing to Liberty Mutual Holding Company Inc. 175 Berkeley Street Boston Massachusetts 02116 Attention Corporate Secretary. PARTICIPATING PROVISION You may be eligible to participate in the distribution of surplus funds of the company through any dividends that may be declared for this policy. A declaration or payment of dividends is not guaranteed. The amount of any dividends that may be declared shall be to the extent and upon the conditions fixed and determined by the Board of Directors and in compliance with any laws that apply. In witness whereof the company has caused this policy to be signed by its President and its Secretary. EEEEEEE SECRETARY 2013 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 LIL 90 04 06 13 | 2 |
Libe Mutlai INSURANCE COMMERCIAL GENERAL LIABILITY DECLARATIONS OCCURRENCE Issued By Liberty Mutual Fire Insurance Co. Policy Number TB2 641 444418 017 Issuing Office OVERLAND PARK Renewal Of TB2 641 444418 016 Issue Date 2017 08 24 Account Number 4 444418 Sub Account 0000 Named Insured and Mailing Address P1 Group Inc. 13605 W 96th Terrace Lenexa KS 66215 Form of Business Corporation Policy Period The policy period is from 09012017 to 09012018 1201 A.M. standard time at the Insured s mailing address. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. LIMITS OF INSURANCE Each Occurrence Limit Damage to Premises Rented to You Limit Medical Expense Limit 1000000 300000 Any one premises 10000 Any one person PP AP Personal Advertising Injury Limit 1000000 General Aggregate Limit 2000000 Products Completed Operations Aggregate Limit 2000000 SCHEDULE The declarations are completed on the accompanying Declarations Extension Schedules. Commercial General Liability Coverage Part Premium 471382 Total Estimated Premium 471382 Other Charges Policywriting Minimum Premium 1000 Forms Applicable See Attached Inventory eVl EY et Tt LOCKTON 0002004710 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 641121906 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LC 0004 08 12 | 2 |
DECLARATIONS EXTENSION SCHEDULE CLASSIFICATIONDESCRIPTIONS Policy Number TB2 641 444418 017 Class Code 15250 Description Contracting Medium 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LCS 00010512 | 2 |
DECLARATIONS EXTENSION SCHEDULE COMPOSITE RATED COVERAGES Policy Number TB2 641 444418 017 Description Premium Basis Premium Rates All Operations of the Named Insured WC Payroll 66066000 Per 100 471381 nan nan nan nan 0.7135 471381 TOTAL 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LCS 0002 05 12 | 2 |
COMMERCIAL GENERAL LIABILITY DECLARATIONS EXTENSION SCHEDULE NAMED INSURED Policy Number TB2 641 444418 017 Itis agreed that the following are Named Insureds under this coverage part Group 4 LLC Mike Belcher 2014 Liberty Mutual Insurance Includes copyrighted material of Insurance Senvices Office Inc. with its permission. Page 1of 1 LCS 000410 14 | 2 |
Policy Number TB2 641 444418 017 Issued by Liberty Mutual Fire Insurance Co. Inventory Coverage Forms Parts Endorsements Enclosures COVERAGE FORMS PARTS ENDORSEMENTS AND ENCLOSURES FORMING A PART OF THIS POLICY AT INCEPTION Form Number Edition Date Title COMMON POLICY FORMS LIL 90 04 06 13 ANNUAL MEETING NOTICE LC 0004 08 12 COMMERCIAL GENERAL LIABILITY DECLARATIONS LCS 00010512 DECLARATIONS EXTENSION SCHEDULE CLASSIFICATION DESCRIPTIONS LCS 000205 12 DECLARATIONS EXTENSION SCHEDULE LCS 000410 14 COMMERCIAL GENERAL LIABILITY DECLARATIONS EXTENSION SCHEDULE NAMED INSUREDS 1C 00 42 07 09 Inventory Coverage Forms Parts Endorsements Enclosures 1C0018 04 92 Countersignature Endorsement 1C0019 08 92 Countersignature Endorsement IL0017 1198 Common Policy Conditions IL 02 6109 07 Kansas Changes Cancellation And Nonrenewal IL 09 10 07 02 Pennsylvania Notice ILN 1751111 lllinois Notice To Policyholders Regarding The Religious Freedom Protection and Civil Union Act COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Named Insured LD 99 66 06 12 Broad Form Named Insured Endorsement Composite Rate LC 32409 08 17 Composite Rate Endorsement Coverage Endorsements CG 02241093 Earlier Notice of Cancellation Provided By Us CG 04351207 Employee Benefits Liability Coverage CG 04370514 ELECTRONIC DATA LIABILITY CG 22741001 Limited Contractual Liability Coverage For Personal And Adver CG 24040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGA TOUS CG 24171001 Contractual Liability Railroads Broad Form Named Insured Endorsement Composite Rate Endorsement Earlier Notice of Cancellation Provided By Us Employee Benefits Liability Coverage ELECTRONIC DATA LIABILITY Limited Contractual Liability Coverage For Personal And Advertising Injury WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TOUS Contractual Liability Railroads 2008 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 3 1C 00 42 07 09 | 2 |
Form Number Edition Date CG 25030509 CG 2504 05 09 LC 04 01 06 05 LC 04040117 LC 24 06 06 07 LC 24200213 LC 24321013 LC 25130808 LC 2902 06 07 LC 2904 08 08 LC 2906 08 08 LC 290810 11 LC 290910 11 LC 324370817 LC 99010117 LC 99020117 LC 99030117 LC 99360213 LC 99391013 LIM 99 0105 11 LD 02 03 05 11 LC 29 16 01 17 LC 04020117 LIM 02011211 Additional Insureds CG20100413 CG20110413 CG20120413 CG 20260413 CG 20340413 CG 20370413 CG 20101001 CG 20371001 CG 201007 04 CG 203707 04 CG 202607 04 Title Designated Construction Projects General Aggregate Limit Designated Locations General Aggregate Limit Reasonable Force Bodily Injury To Co Employees Coverage Damage to Your Work Amendment OTHER INSURANCE AMENDMENT SCHEDULED ADDITIONAL INSURED EXCESS PROVISION CONSOLIDATED WRAP UP INSURANCE PROGRAM Non Cumulation of Liability Same Occurrence Insured Contract Redefined Personal and Advertising Injury Definition of Publication Personal and Advertising Injury Occurrence Redefined Advertisement Redefined BODILY INJURY REDEFINED COVERAGE TERRITORY REDEFINED NOTICE OF OCCURRENCE OFFENSE OR INJURY KNOWLEDGE OF OCCURRENCE OR OFFENSE UNINTENTIONAL FAILURE TO DISCLOSE PREMIUM RESPONSIBILITY ENDORSEMENT Joint Venture or Partnership Notice of Cancellation to Third Parties Cancellation Endorsement Designated Government Entity Mobile Equipment Redefined Professional Health Care Services by Employees or Volunteer Workers Coverage Notice of Cancellation and Non Renewal ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION Additional Insured Managers Or Lessors Of Premises Additional Insured State or Governmental Agency or Subdivision Or Political Subdivision Permits or Authorizations ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS COMPLETED OPERATIONS Additional Insured Owners Lessees or Contractors Scheduled Person or Organization Additional Insured Owners Lessees or Contractors Completed Operations Additional Insured Owners Lessees or Contractors Scheduled Person or Organization Additional Insured Owners Lessors or Contractors Completed Operations Additional Insured Designated Person or organization TRIA Exclusions 1C 00 42 07 09 2008 Liberty Mutual Group of Companies. All rights reserved. Page 2 of 3 | 2 |
Form Number Edition Date CG 21730115 CG 26880115 Other Exclusions CG 21471207 CG 21651204 CG 21671204 CG22790413 IL00 21 09 08 LC 210106 05 LC 2102 06 05 LC 2106 06 07 LC 213806 07 LD 21891113 LD 2110408 14 State Mandatory 1L 015809 08 IL0199 09 08 Title EXCLUSION OF CERTIFIED ACTS OF TERRORISM ALASKA EXCLUSION OF CERTIFIED ACTS OF TERRORISM Employment Related Practices Exclusion Total Pollution Exclusion With a Building Heating Cooling and Dehumidifying Equipment Exception and a Hostile Fire Exception Fungi or Bacteria Exclusion EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY Nuclear Energy Liability Exclusion Endorsement Broad Form Asbestos Exclusion Endorsement Silica Exclusion Endorsement Lead Exclusion Polychlorinated Biphenyls PCBs Exclusion Discrimination Exclusion Radioactive Matter Exclusion with Medical Equipment Exception Indiana Changes Arkansas Changes Transfer Of Rights Of Recovery Against Others To Us NOTICES TO POLICYHOLDER EN 900901 10 Kentucky Notice To Policyholders EN 90 14 07 09 West Virginia Property and Casualty Policy Surcharge SNI 09 02 06 16 Risk Control Services Important Information for Florida Policyholders SNI 420204 15 TEXAS NOTICE NOTIFICATION OF THE AVAILABILITY OF LOSS CONTROL INFORMATION SERVICES SNI90 010512 POLICYHOLDER NOTICE COMPANY CONTACT INFORMATION SNI90 020115 TERRORISM RISK INSURANCE ACT ST 9010 02 92 New Jersey Property Liability Insurance Guaranty Association Surcharge 2008 Liberty Mutual Group of Companies. All rights reserved. Page 3 of 3 1C 00 42 07 09 | 2 |
Policy Number TB2 641 444418 017 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersignature Endorsement This endorsement is effective at the inception of the policy and attaches to and forms a part of this policy. Type of Insurance State Commercial General Liability Coverage Florida ety Signed by. Countersigning Agent Page 1 of 1C0018 04 92 | 2 |
Policy Number TB2 641 444418 017 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersignature Endorsement This endorsement is effective at the inception of the policy and attaches to and forms a part of this policy. Type of Insurance State Commercial General Liability Coverage Nevada Signed by Countersigning Agent Page 1 of 1C0019 08 92 | 2 |
Common Policy Conditions All Coverage Parts included in this policy are subject to the following conditions A. CANCELLATION 1 The First Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is canceled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. INSPECTIONS AND SURVEYS 1 We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and Recommend changes. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or Copyright Insurance Services Office Inc. 1998 Page 1 of 2 IL00 17 1198 11 98 | 2 |
b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. E. PREMIUMS The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Page 2 of 2 IL00 17 1198 11 98 | 2 |
IL 02 6109 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy 4 Unfavorable underwriting factors specific to Condition is replaced by the following you exist that were not present at the in 2.a. We may cancel this policy by mailing or deliv ception of this policy ering to the first Named Insured written notice 5 A determination by the insurance commis of cancellation stating the reasons for cancel sioner that continuation of coverage could lation at least place us in a hazardous financial condition 1 10 days before the effective date of cancel or in violation of the laws of Kansas or lation if we cancel for nonpayment of pre 6 A determination by the insurance commis mium. sioner that we no longer have adequate re 2 30 days before the effective date of cancel insurance to meet our needs. lation if we cancel for any other reason. B. The following is added and supersedes any condi b. If this policy has been in effect for 90 days or tion to the contrary more or if it is a renewal of a policy we issued NONRENEWAL we may cancel this policy only for one or more 1. If we decide not to renew this policy we will of the following reasons mail or deliver written notice of nonrenewal 1 Nonpayment of premium stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expiration of the policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured s last mail ing address known to us. If notice is mailed proof of mailing will be sufficient proof of no tice. 2 This policy was issued because of material misrepresentation 3 You or any other insured violated any of the material terms and conditions of this policy ISO Properties Inc. 2006 Page 1 of 1 IL 02 61 09 07 | 2 |
IL 09 10 07 02 PENNSYLVANIA NOTICE An Insurance Company its agents employees or service contractors acting on its behalf may provide services to reduce the likelihood of injury death or loss. These services may include any of the following or related services incident to the application for issuance renewal or continuation of a policy of insur ance 1. Surveys 2. Consultation or advice or 3. Inspections. The Insurance Consultation Services Exemption Act of Pennsylvania provides that the Insurance Com pany its agents employees or service contractors acting on its behalf is not liable for damages from injury death or loss occurring as a result of any act or omission by any person in the furnishing of or the failure to furnish these services. The Act does not apply 1. If the injury death or loss occurred during the actual performance of the services and was caused by the negligence of the Insurance Com pany its agents employees or service contractors 2. To consultation services required to be performed under a written service contract not related to a policy of insurance or If any acts or omissions of the Insurance Com pany its agents employees or service contractors are judicially determined to constitute a crime ac tual malice or gross negligence. w Instruction to Policy Writers Attach the Pennsylvania Notice to all new and renewal certificates insuring risks located in Pennsylvania. 1SO Properties Inc. 2001 Page 1 of 1 IL 09 10 07 02 | 2 |
ILLINOIS NOTICE TO POLICYHOLDERS REGARDING THE RELIGIOUS FREEDOM PROTECTION AND CIVIL UNION ACT Dear Policyholder This is to provide notice that pursuant to lllinois Department of Insurance Company Bulletin 2011 06 CB 2011 06 this policy is in compliance with the lllinois Religious Freedom Protection and Civil Union Act the Act 750 ILL. COMP. STAT. 751. The Act which became effective on June 1 2011 creates a legal relationship between two persons of either the same or opposite sex who establish a civil union. The Act provides that parties to a civil union are entitled to the same legal obligations responsibilities protections and benefits that are afforded or recognized by the law of lllinois to spouses whether they are derived from statute administrative rule policy common law or any source of civil or criminal law. In addition this law requires recognition of a same sex civil union marriage or other substantially similar legal relationship except for common law marriage legally entered into in other jurisdictions. The Act further provides that party to a civil union shall be included in any definition or use of the terms spouse family immediate family dependent next of kin and other terms descriptive of spousal relationships as those terms are used throughout the law. According to CB 2011 06 this includes the terms marriage or married or any variations thereof. CB 2011 06 also states that if policies of insurance provide coverage for children the children of civil unions must also be provided coverage. Insurance Services Office Inc. 2011 Page 1 of 1 ILN1751111 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory c. 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. Damages because of bodily injury include damages clamed by any person or organization for care loss of services or death resulting at any time from the bodily injury. Insurance Services Office Inc. 2012 Page 1 of 16 CG 00010413 | 0 |
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or faiing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing seling 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. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. Insurance Services Office Inc. 2012 Page 2 of 16 CG 00010413 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a Ator from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an 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 iii 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 Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels Iubricants 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 iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e Ator from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. Insurance Services Office Inc. 2012 Page 3 of 16 CG 00010413 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or sut by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 4 5 Bodily injury or property damage arising out of The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of b 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these.. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 3 Insurance Services Office Inc. 2012 Page 4 of 16 CG 00010413 | 1 |
This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROM s tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. Insurance Services Office Inc. 2012 Page 5 of 16 CG 00010413 | 1 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section 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 Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. o Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Insurance Services Office Inc. 2012 Page 6 of 16 CG 00010413 | 1 |
Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan.. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting.. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control.. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers.. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law 3 Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 2 3 Insurance Services Office Inc. 2012 Page 7 of 16 CG 00010413 | 1 |
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. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests.. Products Completed Operations Hazard Included within the products completed operations hazard.. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b. All expenses we incur. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds.. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured.. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. Insurance Services Office Inc. 2012 Page 8 of 16 CG 00010413 | 1 |
So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. o e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 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. 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 o a. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit 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. Insurance Services Office Inc. 2012 Page 9 of 16 CG 00010413 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above 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 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. w Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or 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. Insurance Services Office Inc. 2012 Page 10 of 16 CG 00010413 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage Aand b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or su any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. s brought against Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Insurance Services Office Inc. 2012 Page 11 of 16 CG 00010413 | 1 |
4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section 1 Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. c. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates.. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. The first Named Insured must keep records of the informaton we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete Insurance Services Office Inc. 2012 Page 12 of 16 CG 00010413 | 1 |
However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be 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. b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Insurance Services Office Inc. 2012 Page 13 of 16 CG 00010413 | 1 |
9.Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or faiing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 10.Leased worker means a person leased to you by 1. 12. a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or o 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 d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Insurance Services Office Inc. 2012 Page 14 of 16 CG 00010413 | 1 |
13 14. 15 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 vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos..Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement..Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times 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. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. c b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 3 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. Insurance Services Office Inc. 2012 Page 15 of 16 CG 00010413 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising ry to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Insurance Services Office Inc. 2012 Page 16 of 16 CG 00010413 | 1 |
Policy Number TB2 641 444418 017 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROAD FORM NAMED INSURED ENDORSEMENT COVERAGE FOR JOINT VENTURES PARTNERSHIPS AND LIMITED LIABILITY COMPANIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The term Named Insured includes in addition to the person or organization designated in the Declarations as the First Named Insured 1. MMC P1 A Kansas Joint Venture Parsons P1 Group Joint Venture LLC but only while the First Named Insured or any of the Named Insureds in A.1. directly or indirectly owns during the policy period an interest therein of 50 fifty percent or more or the First Named Insured exercises management or financial control during the policy period and subject to A.1. above any other organization except for a partnership limited liability company or joint venture incorporated or organized under the laws of the United States of America or its states territories or possessions Puerto Rico Canada or its provinces but only while the First Named Insured or any of the Named Insureds in A.1. above directly or indirectly owns during the policy period an interest therein of 50 fifty percent or more or exercises management or financial control during the policy period and any joint venture partnership or limited liability company of which you or any of the Named Insureds in A.1.0r A.2. above have an ownership interest during the policy period is a Named Insured provided that you are obligated under a written agreement prior to any loss to provide insurance coverage. However a Coverage under this provision for a newly acquired joint venture partnership or limited liability company is afforded only until the 120 day after you have acquired the interest or the end of the policy period whichever is earlier. b This insurance does not apply to any injury or damage that occurred before you acquired the interest of the joint venture partnership or limited liability company. c This insurance does not apply to any injury or damage that occurred after you no longer have any interest in a joint venture partnership or limited liability company. d Coverage for any joint venture partnership or limited liability company under this endorsement is excess over any other valid and collectible insurance purchased specifically to cover the joint venture partnership or limited liability company. But none of the above designated persons or organizations in A.1. A.2. or A.3. is a Named Insured with respect to a bodily injury or property damage that occurred or b personal and advertising injury caused by an offense or a series of related offenses committed LD 99 66 06 12 2012 Liberty Mutual Insurance. All rights reserved. Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
prior to the interests described in Item A.1. or A.2. or control or responsibility described in A.2. or A.3. above. A joint venture partnership or limited liability company is not a Named Insured unless it is shown in A.1. above or falls within the terms of A.3. above. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in A.1. above or for any limited liability company that is not a Named Insured. B. Paragraph 3. of Section Il Who Is An Insured is deleted. C. The First Named Insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy. LD 99 66 06 12 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 2 | 2 |
Policy Number TB2 641 444418 017 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMPOSITE RATE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS 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 SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK With regard to composite rated premium for this policy exposure types are defined as A. Admissions means Shall be calculated in accordance with Division 6 Rule 24 of the ISO Commercial Lines Manual Premium Basis A. Admissions. Area means Shall be calculated in accordance with Division 6 Rule 24 of the ISO Commercial Lines Manual Premium Basis A. Area. Changes in exposure during each annual rating period shall be determined by averaging the exposure that is used as a premium basis at the beginning and end of each annual rating period. Each means Shall be calculated based on the sum of the units of exposure noted as the premium basis. Changes in exposure during each policy period shall be determined by averaging the exposure used as the premium basis at the effective and expiration dates of each policy period. Gross Sales means Shall be calculated in accordance with Division 6 Rule 24 of the ISO Commercial Lines Manual Premium Basis A. Gross Sales. General Liability Payroll Shall be calculated in accordance with Division 6 Rule 24 of the ISO Commercial Lines Manual Premium Basis E. Payroll. Total Cost Shall be calculated in accordance with Division 6 Rule 24 of the ISO Commercial Lines Manual Premium Basis F. Total Cost. Total Operating Expenditures Shall be calculated in accordance with Division 6 Rule 24 of the ISO Commercial Lines Manual Premium Basis G. Total Operating Expenditures. Units means Shall be calculated in accordance with Division 6 Rule 24 of the ISO Commercial Lines Manual Premium Basis H. Units Other means LC 32409 08 17 2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1of 1 | 2 |
POLICY NUMBER TB2 641 444418 017 VIBER TB2 641 444418 017 COMMERCIAL GENERAL LIABILITY CG 02241093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days Notice 60 If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement. For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. Copyright Insurance Services Office Inc. 1992 Page 1 of 1 CG 02241093 | 2 |
POLICY NUMBER TB2 641 444418 017 POLICY NUMBER TB2 641 444418 017 COMMERCIAL GENERAL LIABILITY CG 04351207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Each Employee Coverage Limit Of Insurance Deductible Employee Benefits 1000000 each employee 1000 Programs 2000000 aggregate Retroactive Date 08012014 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. We may at our discretion investigate any report of an act error or omission and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Paragraph D. Section Ill Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Sup plementary Payments. This insurance applies to damages only if 1 The act error or omission is negligently committed in the administration of your employee benefit program 2 The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this endorsement. 3. Aclaim seeking damages will be deemed to have been made at the earlier of the fol lowing times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or ISO Properties Inc. 2006 Page 1 of 6 CG 04351207 | 2 |
2 When we make settlement in accor dance with Paragraph a. above. A claim received and recorded by the in sured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. d. All claims for damages made by an employee because of any act error or omission or a series of related acts errors or omissions including damages claimed by such employee s dependents and benefi ciaries will be deemed to have been made at the time the first of those claims is made against any insured.. Exclusions This insurance does not apply to a. Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dishonest fraudulent criminal or malicious act error or omission committed by any in sured including the willful or reckless violation of any statute. b. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or pers onal and advertising injury. c. Failure To Perform A Contract Damages arising out of failure of perfor mance of contract by any insurer. d. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit pro e. Inadequacy Of Performance Of Investment Advice Given With Respect Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. f. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Secu rity Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance.. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. j. Employment Related Practices Damages arising out of wrongful termin ation of employment discrimination or oth er employment related practices. B. For the purposes of the coverage provided by this endorsement 1. 2. All references to Supplementary Payments Coverages A and B are replaced by Supple mentary Payments Coverages A B and Employee Benefits Liability. Paragraphs 1.b. and 2. of the Supplementary Payments provision do not apply. C. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of Section Il Who Is An Insured are replaced by the following 2. Each of the following is also an insured a. Each of your employees who is or was authorized to administer your employee benefit program. b. Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your legal represen tative is appointed. ISO Properties Inc. 2006 Page 2 of 6 CG 04351207 | 2 |
c. Your legal representative if you die but only with respect to duties as such. That repre sentative will have all your rights and duties under this Endorsement. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if no other similar insurance applies 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 pol icy period whichever is earlier. b. Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement Section Ill Limits Of Insurance is replaced by the following 1. Limits Of Insurance a. The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suit 4 Acts errors or omissions or 5 Benefits included in your employee benefit program. b. The Aggregate Limit is the most we will pay for all damages because of acts errors or omissions negligently committed in the administration of your employee benefit program. c. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one em ployee including damages sustained by such employee s dependents and benefi ciaries as a result of 1 An act error or omission or 2 A series of related acts errors or omis sions negligently committed in the administra tion of your employee benefit program. However the amount paid under this en dorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless the policy period is extended after issu ance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits Of Insur ance. 2. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Schedule as applicable to Each Employee. The limits of insurance shall not be reduced by the amount of this deductible. b. The deductible amount stated in the Schedule applies to all damages sustained by any one employee including such employee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. c. The terms of this insurance including those with respect to 1 Our right and duty to defend any suits seeking those damages and 2 Your duties and the duties of any other involved insured in the event of an act error or omission or claim apply irrespective of the application of the deductible amount. d. We may pay any part or all of the deducti ble amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as we have paid. E. For the purposes of the coverage provided by this endorsement Conditions 2. and 4. of Section IV Commercial General Liability Conditions are replaced by the following 2. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act error or omis sion which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and ISO Properties Inc. 2006 Page 3 of 6 CG 04351207 | 2 |
2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement of any right against any per son or organization which may be liable to the insured because of an act error or omission to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent.. Other Insurance If other valid and collectible insurance is avail able to the insured for a loss we cover under this endorsement our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insur ance is primary our obligations are not af fected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method de scribed in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary ex cess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Schedule of this insurance and that applies to an act error or omission on other than a claims made basis if a No Retroactive Date is shown in the Schedule of this insurance or b The other insurance has a policy period which continues after the Ret roactive Date shown in the Schedule of this insurance. 2 When this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provi sion and was not bought specifically to apply in excess of the Limits of Insur ance shown in the Schedule of this en dorsement. c. Method Of Sharing If all of the other insurance permits contri bution 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 per mit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. ISO Properties Inc. 2006 Page 4 of 6 CG 04351207 | 2 |
F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorse ment is attached to a claims made Coverage Part replaces any similar Section in that Coverage Part EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Ex tended Reporting Period as described below if a. This endorsement is canceled or not re newed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this en dorsement or 2 Does not apply to an act error or omis sion on a claims made basis. 2. The Extended Reporting Period does not ex tend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect the Ex tended Reporting Period may not be canceled. 3. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the en dorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the addi tional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing s0 we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of dam ages and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section appli cable to the Extended Reporting Period includ ing a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and col lectible insurance available under policies in force after the Extended Reporting Period starts. 4. If the Extended Reporting Period is in effect we will provide an extended reporting period aggregate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits of Insurance. Paragraph D.1.b. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.1.c. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the Definitions Section 1. Administration means a. Providing information to employees in cluding their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit in cluded in the employee benefit program. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. ISO Properties Inc. 2006 Page 5 of 6 CG 04351207 | 2 |
4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts pro vided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an em ployee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and dis ability benefits d. Vacation plans including buy and sell pro grams leave of absence programs includ ing military maternity family and civil leave tuition assistance plans transporta tion and health club subsidies and e. Any other similar benefits designated in the Schedule or added thereto by endorse ment. H. For the purposes of the coverage provided by this endorsement Definitions 5. and 18. in the Defini tions Section are replaced by the following 5. Employee means a person actively em ployed formerly employed on leave of ab sence or disabled or retired. Employee in cludes a leased worker. Employee does not include a temporary worker. 18. Suit means a civil proceeding in which dam ages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the in sured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. ISO Properties Inc. 2006 Page 6 of 6 CG 04351207 | 2 |
POLICY NUMBER TB2 641 444418 017 POLICY NUMBER TB2 641 444418 017 COMMERCIAL GENERAL LIABILITY CG 04370514 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELECTRONIC DATA LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Loss Of Electronic Data Limit 1000000 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Exclusion 2.p. of Coverage A Bodily Injury And B. The following is added to Paragraph 2. Property Damage Liability in Section Exclusions of Section Coverage Coverages is replaced by the following Personal And Advertising Injury Liability 2. Exclusions 2. Exclusions This insurance does not apply to p. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or 2 The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data that does not result from physical injury to tangible property. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. C. The following paragraph is added to Section Ill Limits Of Insurance Subject to 5. above the Loss Of Electronic Data Limit shown in the Schedule above is the most we will pay under Coverage A for property damage because of all loss of electronic data arising out of any one occurrence. Insurance Services Office Inc. 2013 Page 1 of 2 CG 04370514 | 2 |
D. The following definition is added to the Definitions section 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. m For the purposes of the coverage provided by this endorsement the definition of property damage in the Definitions section is replaced by the following 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 b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it or c. Loss of loss of use of damage to corruption of inability to access or inability to properly manipulate electronic data resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. Insurance Services Office Inc. 2013 Page 2 of 2 CG 04370514 | 2 |
POLICY NUMBER TB2 641 444418 017 POLICY NUMBER TB2 641 444418 017 COMMERCIAL GENERAL LIABILITY CG 22741001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED CONTRACTUAL LIABILITY COVERAGE FOR PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. With respect to the contract or agreement desig nated in the Schedule below Subparagraph e. of Paragraph 2. Exclusions of Section Cover age B Personal And Advertising Injury Liabil ity is replaced by the following 2. Exclusions This insurance does not apply to e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a con tract or agreement. This exclusion does not apply to 1 Liability for damages that the insured would have in the absence of the contract or agreement or 2 Liability for personal and advertising injury if a The liability pertains to your busi ness and is assumed in the des ignated contract or agreement shown in the Schedule in which you assume the tort liability of an other. Tort liability means a li ability that would be imposed by law in the absence of any con tract or agreement The personal and advertising injury occurs subsequent to the execution of the designated con tract or agreement shown in the Schedule and c The personal and advertising injury arises out of the offenses of false arrest detention or im prisonment. Solely for the purposes of liability so assumed in such designated contract or agreement reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of personal injury described in Paragraph A.2.e.2c above provided b i Liability to such party for or for the cost of that party s defense has also been assumed in the same designated contract or agreement and ii Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. B. With respect to the contract or agreement designated in the Schedule below the following is added to Section Supplementary Payments Coverages A And B 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 1. The suit against the indemnitee seeks damages for which the insured has assumed tort liability of the indemnitee in a designated contract or agreement shown in the Schedule if such liability pertains to your business. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement 2. This insurance applies to such liability assu med by the insured 3. The obligation to defend or the cost of the defense of that indemnitee has also been as sumed by the insured in the same designated contract or agreement 4. The allegations in the suit and the infor mation we know about the offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee 5. 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 CG 22741001 SO Properties Inc. 2001 Page 1 of 2 i Liability to such party for or for the cost of that party s defense has also been assumed in the same designated contract or agreement and ii Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. B. With respect to the contract or agreement designated in the Schedule below the following is added to Section Supplementary Payments Coverages A And B 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 1. The suit against the indemnitee seeks damages for which the insured has assumed tort liability of the indemnitee in a designated contract or agreement shown in the Schedule if such liability pertains to your business. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement 2. This insurance applies to such liability assu med by the insured 3. The obligation to defend or the cost of the defense of that indemnitee has also been as sumed by the insured in the same designated contract or agreement 4. The allegations in the suit and the infor mation we know about the offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee 5. 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 Page 1 of 2 | 2 |
6. The indemnitee a. Agrees in writing to 1 Cooperate with us in the investigation settlement or defense of the suit 2 Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit 3 Notify any other insurer whose coverage is available to the indemnitee and 4 Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and b. Provides us with written authorization to 1 Obtain records and other information related to the suit and 2 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 in demnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph A.2.e.2 of this endorse ment such payments will not be deemed to be damages for personal and advertising injury as described in Paragraph A.2.e.2c above and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litiga tion expenses as Supplementary Payments ends when 1. We have used up the applicable limit of insur ance in the payment of judgments or settle ments or 2. The conditions set forth above or the terms of the agreement described in Paragraph 6. above are no longer met. SCHEDULE Designated Contract Or Agreement All written contracts or agreements where required. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. 6. The indemnitee a. Agrees in writing to U 3 Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and b. Provides us with written authorization to U Obtain records and other information related to the suit and Conduct and control the defense of the indemnitee in such suit. SO Properties Inc. 2001 Page 2 of 2 CG 22741001 | 2 |
POLICY NUMBER TB2 641 444418 017 POLICY NUMBER TB2 641 444418 017 COMMERCIAL GENERAL LIABILITY CG 24 0405 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule below. SCHEDULE Name Of Person Or Organization Where required by contract or written agreement prior to loss Information required to complete this Schedule if not shown above will be shown in the Declarations. SCHEDULE Insurance Services Office Inc. 2008 Page 1 of 1 CG 24 0405 09 | 2 |
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization HCP MOB Centerpoint LLC C O Holladay Properties Services Midwest Inc. 1508 Elm Hill Pike Suite 100 Nashville TN 37210 Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. O Holladay Properties Services Midwest Inc. 08 Elm Hill Pike Suite 100 ashville TN 37210 CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 1of 1 | 2 |
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization Mid America Contractors Inc. 1400 Iron North Kansas City Missouri 64116 Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. d America Contractors Inc. 00 Iron rth Kansas City Missouri 64116 CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 1of 1 | 2 |
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization COUNTRY CLUB PLAZA KC PARTNERS LLC C O COUNTRY CLUB PLAZA 4706 BROADWAY SUITE 260 KANSAS CITY MO 64112 COUNTRY CLUB PLAZA JV LLC THE MACERICH COMPANY THE TAUBMAN COMPANY LLC Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. DUNTRY CLUB PLAZA KC PARTNERS LLC O COUNTRY CLUB PLAZA 06 BROADWAY SUITE 260 ANSAS CITY MO 64112 DUNTRY CLUB PLAZA JV LLC E MACERICH COMPANY E TAUBMAN COMPANY LLC CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 1of 1 | 2 |
POLICY NUMBER TB2 641 444418 017 VIBER TB2 641 444418 017 COMMERCIAL GENERAL LIABILITY CG 24171001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY RAILROADS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to operations performed for or affecting a Scheduled Railroad at a Designated Job Site the definition of insured contract in the Definitions sec tion is replaced by the following 9. Insured Contract means a. A contract for a lease of premises. However that portion of the contract for a lease of prem ises that indemnifies any person or organiza tion for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured con tract b. A sidetrack agreement c. Any easement or license agreement d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an 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 age to a third person or organi ability means a liability that woul by law in the absence of an agreement. Paragraph f. does not include tt contract or agreement 1 That indemnifies an architec surveyor for injury or damage a Preparing approving or pare or approve maps s opinions reports surveys change orders or drawing cations or b Giving directions or instru ing to give them if that cause of the injury or dam 2 Under which the insured if engineer or surveyor assunm an injury or damage arising sured s rendering or failure fessional services including Paragraph 1 above and s spection architectural or eng ties party to pay for bodily injury or property dam age to a third person or organization. Tort li ability 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 an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations or b Giving directions or instructions or fail ing to give them if that is the primary cause of the injury or damage 2 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 Paragraph 1 above and supervisory spection architectural or engineering activi ties. SCHEDULE Designated Job Site ns All jobsites. y has Scheduled Railroad Designated Job Site Any railroad for which you are performing operations All jobsites. and for which no Railroad Protective Liability Policy has been purchased for the railroad by you or any railroad for which your work has been completed or put to its intended use. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. 1SO Properties Inc. 2000 Page 1 of 1 CG 24171001 | 2 |
POLICY NUMBER TB2 641 444418 017 IMBER TB2 641 444418 017 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by occur rences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule below 1. A separate Designated Construction Project General Aggregate Limit applies to each des ignated construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A ex cept damages because of bodily injury or property damage included in the products completed operations hazard and for medi cal expenses under Coverage C regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag gregate Limit shown in the Declarations nor shall they reduce any other Designated Con struction Project General Aggregate Limit for any other designated construction project shown in the Schedule below. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Decla rations such limits will be subject to the appli cable Designated Construction Project Gen eral Aggregate Limit. CG 25 03 05 09 Insurance Services Office Inc. 2008 B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to ongoing operations at a single designated construction project shown in the Schedule below 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is prov ided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Agg regate Limit and not reduce the General Agg regate Limit nor the Designated Construction Project General Aggregate Limit. If the applicable designated construction project has been abandoned delayed or abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables the project will still be deemed to be the same construction project. E. The provisions of Section Ill Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. o Page 1 of 2 Insurance Services Office Inc. 2008 Page 1 of 2 | 2 |
SCHEDULE Designated Construction Projects All Projects with a total combined General Aggregate of 20000000 Information required to complete this Schedule if not shown above will be shown in the Declarations. Insurance Services Office Inc. 2008 Page 2 of 2 CG 25 03 05 09 | 2 |
POLICY NUMBER TB2 641 444418 017 VIBER TB2 641 444418 017 COMMERCIAL GENERAL LIABILITY CG 25 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATIONS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by occur rences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to operations at a single designated loca tion shown in the Schedule below 1. A separate Designated Location General Aggregate Limit applies to each designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except dam ages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Loca tion General Aggregate Limit for that desig nated location. Such payments shall not re duce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggre gate Limit for any other designated location shown in the Schedule below. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Decla rations such limits will be subject to the appli cable Designated Location General Aggre gate Limit. B. m For all sums which the obligated to pay as occurrences under Sex for all medical expens under Section Cover attributed only to operatic location shown in the S 1. Any payments made damages or under expenses shall redu under the General Products completed Limit whichever is ap 2. Such payments Designated Location. When coverage for lia products completed op vided any payments f bodily injury or prope the products completed reduce the Products cor regate Limit and no Aggregate Limit nor t General Aggregate Limit.. For the purposes of Definitions Section is ar the following definition Location means premi connecting lots or prem interrupted only by a stre right of way of a railroad. The provisions of Sectior not otherwise modified continue to apply as stipt B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to operations at a single designated location shown in the Schedule below 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Location General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is pro vided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Agg regate Limit and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. D. For the purposes of this endorsement the Definitions Section is amended by the addition of the following definition Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. E. The provisions of Section Ill Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Insurance Services Office Inc. 2008 Page 1 of 2 CG 25 04 05 09 | 2 |
SCHEDULE Designated Locations All locations owned or rented to the Named Insured Information required to complete this Schedule if not shown above will be shown in the Declarations. Insurance Services Office Inc. 2008 Page 2 of 2 CG 25 04 05 09 | 2 |
Policy Number TB2 641 444418 017 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Reasonable Force This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion a. of Coverage A is replaced by the following 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. LC 04 01 06 05 Page 1 of 1 | 2 |
Policy Number TB2 641 444418 017 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BODILY INJURY TO CO EMPLOYEES COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Sublimit of Insurance 1000000 Each Occurrence A. Paragraph 2. of Section Il Who Is An Insured is amended to include Each of the following is also an insured 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 or volunteer workers are insureds while in the course of their employment or while performing duties related to the conduct of your business with respect to bodily injury O 3 Toyou To your partners or members if you are a partnership or joint venture To your members if you are a limited liability company or To a coemployee or volunteer worker while that coemployee or volunteer worker is either in the course of his or her employment by you or while performing duties related to the conduct of your business including participation in any recreational activities sponsored by you. Paragraph 2.a.1a of Section Il Who Is An Insured does not apply to bodily injury for which insurance is provided by this paragraph. B. Limits of Insurance 1. 2. The insurance provided by this endorsement is subject to the sublimit shown in the Schedule of this endorsement. This sublimit is subject to the Each Occurrence Limit shown in the Declarations it is not in addition to the Each Occurrence Limit. If a sublimit is not shown in the Schedule of this endorsement the applicable limit is the Each Occurrence Limit shown in the Declarations. This insurance is subject to the General Aggregate Limit shown in the Declarations. C. The insurance provided by this endorsement for bodily injury to a coemployee or volunteer worker will not apply if the injured coemployee s or volunteer worker s sole remedy for such injury is provided under a workers compensation law or any similar law. D. Other Insurance 1. This provision applies only to the Commercial General Liability Coverage Part. LC 04040117 2016 Liberty Mutual Insurance Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1of 2 | 2 |
2. The insurance provided by this endorsement is excess over any other valid and collectible insurance available to the insured whether primary excess contingent or on any other basis. 2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 2 LC 04040117 | 2 |
Policy Number TB2 641 444418 017 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Damage to Your Work Amendment This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The Damage To Your Work exclusion is replaced by the following This insurance does not apply to Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. However this exclusion shall only apply to property damage to that particular part of your work that the property damage arises out of. 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. Page 1 of 1 LC 24 06 06 07 | 2 |
Policy Number TB2 641 444418 017 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Person or Organization All persons or organizations required by a written contract or agreement entered into prior to an occurrence to be provided additional insured status If you are obligated under a written agreement to provide liability insurance on a primary excess contingent or any other basis for any person or organization shown in the Schedule of this endorsement that qualifies as an additional insured on this policy this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV Conditions will not apply. If the applicable written agreement does not specify on what basis the liability insurance will apply the provisions of Paragraph 4. Other Insurance of Section 1V Conditions will govern. However this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same occurrence claim or suit. LC24200213 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TB2 641 444418 017 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Person or Organization Associated Wholesale Grocers Inc. 1301 Oak Street Elwood KS 66024 If you are obligated under a written agreement to provide liability insurance on a primary excess contingent or any other basis for any person or organization shown in the Schedule of this endorsement that qualifies as an additional insured on this policy this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV Conditions will not apply. If the applicable written agreement does not specify on what basis the liability insurance will apply the provisions of Paragraph 4. Other Insurance of Section 1V Conditions will govern. However this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same occurrence claim or suit. ssociated Wholesale Grocers Inc. 301 Oak Street lwood KS 66024 LC24200213 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TB2 641 444418 017 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART If you are obligated under a written agreement to provide liability insurance on a primary excess contingent or any other basis for any person or organization shown in the Schedule of this endorsement that qualifies as an additional insured on this policy this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV Conditions will not apply. If the applicable written agreement does not specify on what basis the liability insurance will apply the provisions of Paragraph 4. Other Insurance of Section IV Conditions will govern. However this insurance is excess over any other insurance available to the additional insured for which itis also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same occurrence claim or suit. Schedule Person or Organization CBRE Inc.CBRE Real Estate Services Inc. Manager founders properties LLC and FFIll KS Westbrook LLC Westbrook Ill Property 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Senvices Office Inc. with its permission. Page 1of 1 LC 24200213 | 2 |
Policy Number TB2 641 444418 017 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCESS PROVISION CONSOLIDATED WRAP UP INSURANCE PROGRAM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph b. of Condition 4. Other Insurance is deleted and replaced by b. Excess Insurance 1 This insurance is excess over 2 c Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work i That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability. b Any primary or excess insurance available to you through a Consolidated Wrap Up Insurance Program. c Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 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 b The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Senvices Office Inc. with its permission. Page 1of 1 LC 24321013 | 2 |
Policy Number TB2 641 444418 017 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Non Cumulation of Liability Same Occurrence This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to paragraph 4. of the Limits of Insurance Section If one occurrence causes personal and advertising injury to which this policy applies and to which one or more prior andor future liability policyies issued to you by us also applies then this policy s Personal and Advertising Injury Limit will be reduced by the amount of cach payment made by us under the other policyies because of such occurrence. The following is added to paragraph 5. of the Limits of Insurance Section If one occurrence causes bodily injury andor property damage during the policy period and during the policy period of one or more prior andor future liability policyies issued to you by us then this policy s Each Occurrence Limit will be reduced by the amount of cach payment made by us under the other policyies because of such occurrence. The final paragraph of the Limits of Insurance Section is replaced with the following The aggregate 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 aggregated Limits of Insurance. However the Each Occurrence Limit is the most we will pay for damages and Medical Expenses because of all bodily injury and property damage arising out of any one oceurrence and the Personal and Advertising Injury Limit s the most we will pay for damage because of all personal and advertising injury arising out of any one occurrence regardless of the length of the policy period. LC 25130808 Page 1 of 1 | 2 |
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