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claims or suits until the transfer is completed provided the appropriate insured is cooperating in completing such transfer. The first Named Insured will reimburse us for any expenses we incur for which expenses each Named Insured is jointly and severally liable to take such steps on and after the date on which the applicable limit of insurance is used up. 5 We will take no action whatsoever with respect to any claim or suit reported to us after the applicable limit of insurance has been used up. b. The duty of the first Named Insured to reimburse us will begin on the date the applicable limit of insurance is used up. The exhaustion of any limit of insurance by the payments of judgments settlements supplementary payments andor medical expenses and the resulting end of our duty to defend will not be affected by our failure to comply with any of the provisions of this Condition. B. LIMITED DEFENSE BY INSURED COVERAGES A AND B The following additional provisions apply under this endorsement if by mutual agreement or court order the insured is given the right to assume control of the defense of claims or suits 1. Paragraph 1.a.2 of Coverage A and 1.a.2 of Coverage B of the Insuring Agreements in Section Coverages as amended by A.1. of this endorsement are replaced by the following 2 Our right and duty to defend or pay defense costs under Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settiements or supplementary payments under Coverages A or B or medical expenses under Coverage C. This applies both to claims and suits pending at that time and those filed thereafter. We have the right to withdraw from the defense of any suit when we have used up the applicable limit of insurance. Supplementary Payments Coverages A and B in Section is amended to include the following h. Reasonable fees of attorneys legal interns and paralegals other than salaries and expenses of the insured s employees the insured retains to defend a suit. If any applicable limit of insurance is available for payment of judgments settlements supplementary payments andor medical expenses a. We retain the right at our discretion to 1 Settle or approve the settiement of any claim or suit. 2 Appeal any judgment at our expense. b. You and any other involved insured must 1 Continue to comply with Paragraph 2. Duties in the Event of Occurrence Offense Claim or Suit of Section IV Commercial General Liability Conditions as well as the other provisions of this Coverage Part and 2 Direct defense counsel to a Furnish us with the information we may request to evaluate claims or suits and coverage under this Coverage Part for those claims or suits and b Cooperate with any counsel we may select to monitor or associate in the defense of those claims or suits. LC 2508 10 13 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 4 | 2 |
Policy Number KE1 651 289682 024 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM RESPONSIBILITY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILTY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART Paragraph E. Premiums of the Common Policy Conditions is replaced by the following 1. Each Named Insured is jointly and severally liable for all premiums due under this policy and for any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy. 2. The first Named Insured will be the payee for any return premiums we pay. LC 99360213 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
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 Coverage Limit Of Insurance Each Employee Premium Deductible Employee Benefits 1000000 each employee 13762 Included Programs FinnChem 1000000 aggregate Canada Inc. HD Tech 137620 Al Other Entites Retroactive Date 01012010 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 dam ages 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 dam ages to which this insurance does not ap ply. We may at our discretion investigate any report of an act error or omission and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Paragraph D. Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered un less explicitly provided for under Supple mentary 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 c. A claim seeking damages will be deemed to have been made at the earlier of the fol lowing times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or CG 04351207 S0 Properties Inc. 2006 Page 1 0of 6 | 2 |
2 When we make settlement in accord ance 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.. All claims for damages made by an em ployee because of any act error or omis sion or a series of related acts errors or omissions including damages claimed by such employee s dependents and benefi ciaries will be deemed to have been made at the time the first of those claims is made against any insured. 2. Exclusions This insurance does not apply to a. Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dis honest fraudulent criminal or malicious act error or omission committed by any in sured including the willful or reckless viola tion of any statute.. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or per sonal and advertising injury.. Failure To Perform A Contract Damages arising out of failure of perfor mance of contract by any insurer.. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit pro gram.. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. f. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable 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 col lectible insurance. i. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. j. Employment Related Practices Damages arising out of wrongful termina tion of employment discrimination or other employment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supple mentary Payments Coverages A B and Em ployee Benefits Liability. 2. Paragraphs 1.b. and 2. of the Supplementary Payments provision do not apply. C. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of Section Il Who Is An Insured are replaced by the following 2. Each of the following is also an insured a. Each of your employees who is or was authorized to administer your employee benefit program. b. Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your legal repre sentative is appointed. CG 04351207 ISO Properties Inc. 2006 Page 2 of 6 | 2 |
c. Your legal representative if you die but only The Li with respect to duties as such. That repre apply sentative will have all your rights and duties period under this Endorsement. 12 mo 3. Any organization you newly acquire or form policy other than a partnership joint venture or limited policy liability company and over which you maintain unless ownership or majority interest will qualify as a ance f Named Insured if no other similar insurance months applies to that organization. However brde a. Coverage under this provision is afforded gnc only until the 90th day after you acquire or form the organization or the end of the poli 2. Deduc cy period whichever is earlier. a. Our b. Coverage under this provision does not the apply to any act error or omission that was dan committed before you acquired or formed an the organization. Zlnec D. For the purposes of the coverage provided by this this endorsement Section Ill Limits Of Insurance is replaced by the following b. gg 1. Limits Of Insurance by a. The Limits of Insurance shown in the em Schedule and the rules below fix the most bec we will pay regardiess of the number of Whi 1 Insureds c. The 2 Claims made or suits brought witt 3 Persons or organizations making U i claims or bringing suits 4 Acts errors or omissions or i 5 Benefits included in your employee I benefit program. app b. The Aggregate Limit is the most we will pay ded for all damages because of acts errors or omissions negligently committed in the d. lle administration of your employee benefit clea program. acti c. Subject to the Aggregate Limit the Each us f Employee Limit is the most we will pay for we all damages sustained by any one em E. For th ployee including damages sustained by. 01 pu such employee s dependents and benefi g orsems ciaries as a result of ommerc. replaced b 1 An act error or omission or 2. Duties 2 A series of related acts errors or omis Omissi sions a. You negligently committed in the administra S00 tion of your employee benefit program. sion However the amount paid under this en exte dorsement shall not exceed and will be 1 subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. CG 04351207 S0 Properties Inc. 2006 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. Deductibie 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 applica ble to Each Employee. The limits of insur ance 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 Page 3 of 6 | 2 |
2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any 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 settiement 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 Par agraph b. below applies. If this insurance is primary our obligations are not affected un less any of the other insurance is also pri mary. Then we will share with all that other insurance by the method described in Par agraph 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. CG 04351207 IS0 Properties Inc. 2006 Page 4 of 6 | 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 Extend ed 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 so we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of damag es and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section appli cable to the Extended Reporting Period includ ing a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and col lectible insurance available under policies in force after the Extended Reporting Period starts.. 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. Handiing 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.. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars.. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. CG 04351207 ISO Properties Inc. 2006 Page 5 of 6 | 2 |
4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a 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 el igibility 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 disa bility 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. 18. 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. 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. This endorsement is executed by the LIBERTY MUTUAL INSURANCE COMPANY Premium Effective Date Expiration Date For attachment to Policy No. KE1 651 289682 024 Audit Basis Issued To Countersigned by Authorized Representative Sales Office and No. End. Serial No. Issued CG 04351207 IS0 Properties Inc. 2006 Page 6 of 6 | 2 |
Policy Number KE1 651 289682 024 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROAD FORM NAMED INSURED MAJORITY INTEREST 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. Kemira Water Solutions Canada Inc. FinnChem Canada Inc but only while the first Named Insured directly or indirectly owns during the policy period an interest therein of more than 50 and 2. any other organization except for a partnership or joint venture incorporated or organized under the laws of the United States of America or its states territories or possessions Puerto Rico or Canada or its provinces but only while the first Named Insured or any of the Named Insureds in Paragraph A.1. above directly or indirectly owns during the policy period an interest therein of more than 50. But of the above designated persons or organizations is a Named Insured with respect to 1 bodily injury or property damage that occurred or 2 personal and advertising injury caused by an offense or a series of related offenses committed prior to the ownership interests described in Paragraph A.1. or A.2. above. B. Paragraph 3. of Section Il Who Is An Insured is deleted. C. The final paragraph of Section Il Who Is An Insured is replaced by the following A partnership or joint venture is not a Named Insured unless it is shown in the Declarations or in Paragraph A.1. of this endorsement. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations or in Paragraph A.1. of this endorsement or for any limited liability company that is not a Named Insured. D. 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. LC 99400213 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 KE1 651 289682 024 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STOP GAP CANADIAN EMPLOYERS LIABILITY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Subject to all other terms conditions and exclusions in the policy Exclusion e Employers Liability is deleted with respect to bodily injury that occurs in Canada. B. Insurance provided by this endorsement is not applicable to any employee s claim or suit if the claim or suit seeks damages that are covered by a Workers Compensation and Employers Liability Policy Workers Compensation Excess Policy or Workers Compensation self insurance program. LD 0407 05 11 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TIME ELEMENT POLLUTION LIABILITY COVERAGE Limited Off Site Bodily Injury Property Damage and Cleanup Costs Pollution Liability Coverage Limited On Site Bodily Injury Pollution Liability Coverage THIS IS DEFENSE WITHIN THE LIMITS COVERAGE. AMOUNTS WE SPEND ON DEFENSE OF CLAIMS AND SUITS WILL REDUCE THE LIMITS OF LIABILITY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The terms of this endorsement are subject to all of the provisions of the policy not expressly modified in this endorsement. However Blanket Additional Insured provisions and Additional Insured endorsements that do not specifically refer to this endorsement will not apply to coverage under this endorsement. 1. DEFINITIONS As used in this endorsement Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury does not include mental anguish emotional distress or similar injury unless caused by physical injury. Cleanup costs means any loss cost or expense arising out of any 2. 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 restore or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding o testoring or assessing the effects of pollutants. Pollutants means 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. I INSURING AGREEMENT 1. a Subject to b and d. below we will pay those sums that the insured becomes legally obligated to pay for 1 Compensatory damages for bodily injury or property damage arising out of the discharge release or escape of pollutants a From a contained state at any premises site or location which is currently owned or occupied by or rented ot loaned to the Named Insured or b From a contained state at any premises site or location on which the Named Insured is performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by the Named Insured and 2 Cleanup costs that result from a discharge release or escape of pollutants described in 1a and b above. LN 04 08 06 05 Page10f6 | 2 |
No other obligation o liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. Coverage provided under this endorsement applies only if the initial discharge release or escape of pollutants from a contained state 1 Commences during the policy period and 2 begins and ends completely within 6 days provided that we are notified in writing within 30 days of the commencement of the discharge release or escape of pollutants from a contained state regardless of when the insured becomes aware of the discharge release or escape.. We have the right and duty to defend any suit secking those sums covered under this endorsement. We may at our discretion investigate or scitle any claim or suit secking such sums. Our right and duty to defend apply whether or not the sum of amounts paid under a. above and Supplementary Payments exceeds the deductible. d. 1 The amount we will pay for damages cleanup costs and or Supplementary Payments is limited as described in SECTION IV LIMITS OF INSURANCE below. 2 Our right and duty to defend or pay defense costs under Supplementary Payments end when we have used up the applicable limit of insurance in the payment of judgments or settlements and or Supplementary Payments. This applies both to claims and suits pending at that time and those filed thereafter. We have the right to withdraw from the defense of any suit when we have used up the applicable limit of insurance. 2. Exclusions a. Paragraph 2. Exclusions of Section I Coverage A applies to coverage under this endorsement except as stated below. Each exclusion in Paragraph 2. of Coverage A will apply to cleanup costs as well as bodily injury and property damage. 1 Exclusion Pollution of paragraph 2. Exclusions of Section I Coverage A does not apply to coverage expressly granted by this endorsement. 2 The following is added to Exclusion j. Damage to Property of Paragraph 2. Exclusions of Section I Coverage A I a release discharge o escape of pollutants requires cleanup of property to which this exclusion applies as well as other property we will pay only for the cleanup costs for the other property. b Additionally this endorsement does not apply to 1 Bodily injury property damage or cleanup costs asising from hostile fire 2 Fines penalties and exemplary or punitive damages 3 Bodily injury property damage or cleanup costs arising out of the discharge release or escape of pollutants from an underground storage tank including any attached pumps valves or piping which Ts buried below the surface of the ground or wates or b At any time had been buried under the surface of the ground or water and then subsequently exposed. LN 04 08 06 05 Page20f 6 | 2 |
For purposes of this exclusion buried means that at least 10 of the tank is below the surface of the ground. 4 Any bodily injury property damage or cleanup coss determined fo be covered in whole or in part under any other part of the policy including any other endorsements o which this endorsement is attached. TII. DEFENSE WITHIN LIMITS 1. With respect to claims or suits to which this endorsement applies SUPPLEMENTARY PAYMENTS COVERAGE A AND B of SECTION I COVERAGES is replaced by We will pay with respect to any claim we investigate or settle or any suit against an insured we defend 1. both a fees salaries and expenses of attomneys legal interns and paralegals we retain including our employees and b all other expenses including but not limited to expenses fees andor any other amounts paid to or for experts and consultants that we incur that are directly allocable to the particular claim or suit. 2. Upto250 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. 3. The cost of bonds to release attachments but only for bond amounts within the applicable imit of insurance. We do not have to furnish these bonds. 4 All reasonable expenses incured by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of carnings up to 250 a day because of time off from work. o All costs taxed against the insured in the suit. 6. 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 afier the offer. 7. Allinterest 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 ALL SUPPLEMENTARY PAYMENTS MADE PURSUANT TO THIS ENDORSEMENT WILL REDUCE THE LIMITS OF INSURANCE AVAILABLE. However amounts we pay for the salaries fees and expenses of 1 independent adjusters we might hire and 2 any of our employees other than those described in 1. a. will not reduce the Limits of Insurance. With respect to claims or suits to which this endorsement applics the following Condition is added to SECTION 1V COMMERCIAL GENERAL LIABILITY CONDITIONS Transfer of Duties When the Applicable Limit of Insurance Is Used Up. a. When a limit of insurance has been used up in the payment of judgments settlements andor Supplementary Payments LN 04 08 06 05 Page 3 of 6 | 2 |
1 We will notify the first Named Insured and any insured against whom a claim or suit is pending in writing as soon as practicable that a Such a limit has been used up and b Ou duty to defend claims and suits seeking damages or cleanup costs subject to that limit has also ended. 2 The first Named Insured and any insured against whom a claim or suit is pending will as soon as y g p g practicable arrange for the transfer of control of the defense of all such claims and suits. 3 We will assist in and all insureds must cooperate in the transfer of control of the defense of all such claims and suits secking damages or cleanup costs which are subject to that limit and which are reported to us before that limit is used up. 4 We will take steps we deem appropriate to avoid a default in or continue the defense of such claims or suits until the transfer is completed provided the appropriate insured is cooperating in completing such transfer. The first Named Insured and any insured against whom a claim or suit is pending will reimburse us for any expenses we incur for which expenses each Named Insured and each insured against whom the claim or suit is pending are jointly and severally liable o take such steps on and after the date on which the applicable limit of insurance is used up. 5 We will take no action whatsoever with respect o any claim or suit reported to us after the applicable limit of insurance has been used up. b The duty to reimburse us will begin on the date the applicable limit of insurance is used up. The exhaustion of any limit of insurance by the payments of judgments setdements and or Supplementary Payments and the resulting end of our duty to defend will not be affected by our failure to comply with any of the provisions of this Condition. IV. LIMITS OF INSURANCE 1. a SECTION III LIMITS OF INSURANCE in the policy does not apply to this endorsement. b Damages cleanup costs and Supplementary Payments paid under this endorsement shall not reduce the General Aggregate Limit stated in the Declarations and are not subject o the Each Occurrence Limit listed in the Declarations.. The Limits of Insurance and rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought or 3 Persons or organizations making claims or bringing suirs. 2. Time Element Pollution Liability Coverage Limits of Insurance 10000000 Per Incident Limit 10000000 Aggregate Limit 13762 FinnChem HD Tcch 137620 All Other Enties Deductible a. The Aggregate Limit is the most we will pay under this endorsement for the sum of all damages paid for bodily injury and property damage cleanup costs and amounts paid under Supplementary Payments. LN 04 08 06 05 Page 4 of 6 | 2 |
Subject to the Aggregate Limit the Per Incident Limit is the most we will pay for the sum of all damages paid for bodily mjury and property damage cleanup costs and amounts paid under Supplementary Payments aising out of any discharge release or escape of pollutants from a contained state or any serics of interrelated or associated discharges releases ot escapes of pollutants from the same contained state arising from the same or similar cause. If a series of interrelated or associated discharges releases or escapes of pollutants arising from the same or similar causes includes discharges releases or escapes of pollutants that commence during this policy period and discharges releases or escapes of pollutants that commence during the policy period of one or mote prior andor future Pollution Liability Coverage Endorsements issued fo you by us then this endorsement s Per Incident Limit will be reduced by the amount of cach payment made by us under the other endorsements because of such discharges releases and escapes of pollutants. Deductible For each discharge release or escape covered under the Per Incident Limit you are obligated to pay up to the Deductible for the total of 1 damages paid for bodily injury and property damage 2cleanup costs and 3 Supplementary Payments. We ae obligated to pay only that portion of the total of such damages cleanup costs and Supplementary Payments which exceeds such deductible amounts subject to the limits of insurance set forth in this endorsement. Amounts paid or payable by you under this paragraph c. will not reduce the Per Incident Limit or the Aggregate Limit listed above. Subrogation In the event we recover any advance or payment made under this policy by exercising our right of subrogation the amount so recovered shall first be applied to any payments made by us in excess of the deductible amount only then shall the remainder of such recovery if any be applied to reduce the deductible amount payable or paid by you. Named Insured s Duties 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 and is responsible for the payment of all Deductible Amounts on behalf of all persons or organizations insured. Each Named Insured is jointly and severally liable for all Deductible Amounts due under this endorsement. Other Rights and Duties We have the right and duty to defend any claim or suit secking damages and cleanup costs to which this policy applies regardless of the application of the deductible. You must promptly reimburse us for any Supplementary Payments within the deductible amount. All other terms of this policy including the insured s duties in the event of an occurrence offense claim or suit apply irrespective of application of the deductible amount. LN 04 08 06 05 Page 50f 6 | 2 |
We may pay any part or all of the deductible amount to effect settlement of any claim or suit and you will promply reimburse us for such part or all of the deductible amount as has been paid by us. Payment of defense costs or amounts within the deductible will not create any obligations or be construed as a waiver or estoppel of our rights under the policy PREMIUM 0 This endorsement is exceuted by the LIBERTY MUTUAL INSURANCE COMPANY Premium Effective Date Expiration Date For attachment to Policy No. KE1 651 289682 024 Audit Basis Issued To Expiration Date KE1 651 289682 024 Countersigned by Authorized Representarive Sales Office and No. Fnd. Serial No. Tssued LN 04 08 06 05 Page 6 of 6 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II WHO IS AN INSURED is amended to include as an insured any petson or organization for whom you have agreed in writing to provide liability insurance. But The insurance provided by this amendment 1. Applies only to bodily injury or property damage arising out of 1 your wotk or b premises or other property owned by or rented to you S Applies only to coverage and minimum limits of insurance required by the written agreement but in no event exceeds cither the scope of coverage or the limits of insurance provided by this policy and Does not apply to any person or organization for whom you have procured separate liability insurance while such insurance is in effect regardless of whether the scope of coverage or limits of insurance of this policy exceed those of such other insurance or whether such other insurance is valid and collectible. The following provisions also apply 1. Where the applicable written agreement requires the insured to provide liability insurance on a primary excess contingent or any other basis this policy will apply solely on the basis required by such written agreement and Ttem 4. Other Insurance of SECTION IV of this policy will not apply. 2 Where the applicable written agreement does not specify on what basis the liability insurance will apply the provisions of Item 4. Other Insurance of SECTION IV of this policy will govern. 3 This endorsement shall not apply to any person or organization for any bodily injury or property damage if any other additional insured endorsement on this policy applies to that person or organization with regard to the bodily injury o property damage. 4 If any other additional insured endorsement applies to any person or organization and you are obligated under a written agreement to provide liability insurance on a primary excess contingent or any other basis for that additional insured this policy will apply solely on the basis required by such written agreement and Ttem 4. Other Insurance of SECTION TV of this policy will not apply regardess of whether the person or organization has available other valid and collectible insurance. Tf the applicable written agreement does not specify on what basis the liability insurance will apply the provisions of Item 4. Other Insurance of SECTION IV of this policy will govern. This endorsement is executed by the LIBERTY MUTUAL INSURANCE COMPANY Premium Effective Date Espiration Date Fior attachment to Policy No. KE1 651 289682 024 Audit Basis Issued To Expiration Date KE1 651 289682 024 Countersigned by Authorized Representatve Sales Office and No. Find. Serial No Issued LN 20 0106 05 | 2 |
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. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Exclusions of Section Coverage B Person Injury And Property Damage Liability al And Advertising Injury Liability This insurance does not apply to This insurance does not apply to Bodily injury to Personal and advertising injury to 1 A person arising out of any 1 A person arising out of any a Refusal to employ that person a Refusal to employ that person b Termination of that person s employment b Termination of that person s employment or or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected 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. CG 21471207 IS0 Properties Inc. 2006 Page 1 of 2 | 2 |
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. 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 This endorsement is executed by the LIBERTY MUTUAL INSURANCE COMPANY Premium Effective Date Expiration Date For attachment to Policy No. KE1 651 289682 024 Audit Basis Issued To Countersigned by Sales Office and No. Authorized Representative End. Serial No. Issued Page 2 of 2 S0 Properties Inc. 2006 CG 21471207 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of 2 Any loss cost or expense arising out of any Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. 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 This endorsement is executed by the LIBERTY MUTUAL INSURANCE COMPANY Premium Effective Date Expiration Date For attachment to Policy No. KE1 651 289682 024 Audit Basis Issued To Countersigned by i Authorized Representative Sales Office and No. End. Serial No. Issued CG 2149 09 99 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Person al And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened in halation of ingestion of contact with expo sure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fung or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating 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. CG 21671204 S0 Properties Inc. 2003 Page 1 of 2 | 2 |
C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fun gi. This endorsement is executed by the LIBERTY MUTUAL INSURANCE COMPANY Premium Effective Date Expiration Date For attachment to Policy No. KE1 651 289682 024 Audit Basis Issued To Countersigned by Authorized Representative Sales Office and No. End. Serial No. Issued Page 2 of 2 IS0 Properties Inc. 2003 CG 21671204 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART GARAGE COVERAGE PART LIQUOR LIABILITY COVERAGE PART MOTOR TRUCK CARGO COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRINTERS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK WAREHOUSEMAN S LEGAL LIABILITY COVERAGE PART This insurance does not apply to any liability damages loss injury demand claim or suit arising out of or caused by or allegedly caused by asbestos either alone or in combination with other substances o factors. LC 21010605 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART GARAGE COVERAGE PART LIQUOR LIABILITY COVERAGE PART MOTOR TRUCK CARGO COVERAGE PART ND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART TON LIABILITY COVERAGE PART PRINTERS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK WAREHOUSEMEN S LIABILITY COVERAGE PART This insurance does not apply to any liability damages loss injury demand claim or suit any part of which is caused by or allegedly caused by silica in any form or any substance containing silica cither alone or in combination with other substances or factors whether included in a product or otherwis LC 210206 05 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DISCRIMINATION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to Damages arising out of unlawful discrimination. This endorsement is executed by the LIBERTY MUTUAL INSURANK Premium fective Date For attachment to Policy No. Audit B Issued To Expiration Date KI1 651 289682 024 COMPANY Expiration Date KE1 651 289682 024 Torder Loy Jfgy Countersigned by Sales Office and No. End. Serial No. Tssued LC 2104 06 05 Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AIRCRAFT PRODUCTS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK This insurance does not apply to any liabilty damages loss injury demand claim or suit that arises out of or allegedly ariscs out of 1. aircraft products 2. work performed upon or in connection with aircraft producrs any representation or warranty made at any time with respect to such products or work or 4. the grounding of any aircraft The following additional definitions apply 1. Aircraft products means a. aircraft missiles or spacecraft and any ground support or control equipment used in connection with aircraft missiles or spacecraft b.. products installed in or used in connection with aircraft missiles or spaceeraft including spare parts ground handling tools and equipment training aids instructions manuals blueprints engineering or other data or engineering ot other advice and d. services and labor relating to any of the above. LC 2105 06 07 Page 10f 2 | 2 |
Grounding means the withdrawal of one or more aircraft from flight operations or the imposition of speed passenger or load restrictions on such aircraft by reason of the existence or suspected existence of any defect fault or condition in such aircraft or aircraft part sold handled or distributed by you or manufactured assembled or processed by any other person or organization according to your specification plans suggestions orders or drawings or with tools machinery ot other equipment furnished to such person or organization by you whether such aircraft so withdrawn ate owned or operated by the same or different individuals organizations or corporations. A grounding will begin on the date of an accident or occutrence which caused the grounding or on the date an aircraft is first withdrawn from service on account of the grounding whichever oceurs first. This endorsement is exeeuted by the LIBERTY MUTUAL INSURANCE COMPANY Expiration Date For attachment to Policy No. KE1 651 289682 024 Audit Basis Tssued To Expiration Date KE1 651 289682 024 Countersigned by Authorized Representative Salles Office and No. Eind. Serial No. Issued LC 210506 07 Page 2 0f 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOBACCO EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MOTOR TRUCK CARGO COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRINTERS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK WAREHOUSEMEN S LIABILITY COVERAGE PART 1. This insurance does not apply to a. Any liability damages loss injury demand claim or suit that aises out of or allegedly arises out of tobacco in any form or ii any substance containing tobacco either alone or combined with any other substances or factors whether included in a product or otherwise. b. Any liability damages loss injury demand claim or suit any part of which arises out of or allegedly arises out of any act or failure to act in connection with tobacco including without limitation i the providing of or failure to provide warnings or instructions i the promotion of the use or consumption of tobacco i any warranties or representations made at any time with respect to the fitness quality durability or performance of tobacco. 1. The following is added to the Definitions Section Tobacco means tobacco including raw and cured tobacco cigars and cigar wrappers pipes and pipe tobacco cigarette filters snuff chewing tobacco smokeless tobacco products tobacco substitutes cigarettes and cigarette paper gaseous or solid residues or byproducts of tobacco use or consumption smoke from any of the above and any chemical mineral ot other product sprayed on applied to or found within or used in conjunction with tobacco. LC 21540807 Page10f1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITYIES EXCLUSION This endorsement modifies 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 Named Insured does not include the organizations listed in the schedule below. Schedule Tikkurila Group and all companies belonging to Tikkurila Group This endorsement is exccuted by the LIBERTY MUTUAL INSURANCE COMPANY Premium Effective Date Espiration Date For attachment to Policy No. KE1 651 289682 024 Audit Basis Issued To Espiration Date 651 289682 024 W b by 72 Countersigned by Sales Office and No. Issued LC 21610807 Page 1 of 1 | 2 |
Policy Number KE1 651 289682 024 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSISTENT ORGANIC POLLUTANTS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK This insurance does not apply to any liability damages loss injury demand claim or suit any part of which arises out of or allegedly arises out of exposure to or the presence of persistent organic pollutants in any form whether such pollutants are alone or in combination with other substances or factors whether included in a product or otherwise. This exclusion applies regardiess of whether such exposure occurs within or outside a building. This exclusion applies whether or not such irritant or contaminant has any function in your business operations premises site or location. Without limiting the term pollutants as used in the policy the following is added to the definition of pollutants in the Definitions section Pollutants include but are not limited to persistent organic pollutants. Persistent organic pollutants means aldrin hexachlorobenzene chiordane mirex DDT toxaphene dieldrin polychlorinated biphenyls PCBs endrin polychlorinated dibenzo p dioxins dioxins heptachlor and polychlorinated dibenzo p furans furans. Persistent organic pollutants also includes any chemical added to the treaty regarding persistent organic pollutants known as the Stockholm Convention or the Stockholm Convention on Persistent Organic Pollutants prior to the effective date of this policy. LC 2608 02 13 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 KE1 651 289682 024 Issued by LIBERTY MUTUAL INSURANCE COMPANY indorsement Number Endorsement Effective Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANADIAN WAR MILITARY ACTION AND TERRORISM EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM The War exclusion in Section I Coverages Bodily Injury and Property Damage Liability is deleted and replaced with the following exclusion War Military Action and Terrorism Bodily injury or property damage however caused arising dircctly or indirectly out of O Wiar including undeclared or civil war Warlike action by 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 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these or Any actual or threatened act of domestic or intemnational terrorism committed by a person or persons acting alone or on behalf of or in connection with any organization and i with the goal of furthering any political social or religious objective. This exclusion also applies to any liability arising from any action taken to prevent or defend against an act of terrorism. Terrorism means an act or acts That are violent in nature or dangerous to human life and a that are a violation of the criminal laws of Canada the United States or of any province ot state or that would be a criminal violation if committed within the jurisdiction of Canada or the United States or any state and that have the apparent intent of i intimidating or coercing any civilian population ii influencing the policy of any government by intimidation o coercion or iii affecting the conduct of any government by mass destruction assassination or kidnapping ot That result in the denial of access to or services from web sites computer networks or telecommunications equipment or b the malfunction or degradation of web sites computer networks telecommunications equipment or mechanical equipment o that otherwise interrupt the functioning of web sites or such properties and that have the apparent intent of intimidating or coercing any civilian population or influencing the policy of any government by intimidation or coercion. If an act of terrorism involves chemical or biological weapons this exclusion will apply. If an act of terrorism involves nuclear reaction nuclear radiation or radioactive contamination this exclusion will apply to liabilities that result from such nuclear reaction or radiation or radioactive contamination in place of the Nuclear Hazard Exclusion. LU 210109 08 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANADIAN NUCLEAR ENERGY LIABILITY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART 1. This insurance does not appl A Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear energy liability P policy 8y policy issued by Nuclear Insurance Association of Canada or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or 2 Resulting from the hazardous properties of nuclear material if The nuclear material i is at any nuclear facility owned by or operated by or on behalf of an insured or i has been discharged or dispersed therefrom b The nuclear material is contained in spent fucl or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat. B. Under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and asising out of the operation of a nuclear facility by any person or organization. As used in this endorsement hazardous properties include radioactive tosic or explosive propertics nuclear material means any nuclear substance nuclear substance shall have the meaning given under the Nuclear Safety and Control Act or in any law amendatory thereof and shall also include any radioactive materials vielded in or made radioactive by exposure to the process of producing or wilizing a nuclear substance. spent fuel means any fuel element or fucl component solid or liquor which has been used or exposed to radiation in a nuclear reactor waste means any waste material a containing a nuclear substance other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its nuclear substance content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear faciliry. LU 21020805 Page 1 of Page 1 of 2 | 2 |
nuclear facility means Any nuclear reactor b Any cquipment or device designated o used for 1 separating the isotopes of uranium or phutonium 2 processing or ulizing spent fuel or 3 handling processing or packaging waste Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device s located consists of or contains more than 25 grams of plutonium or uranium 233 o any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premiscs used for such operations nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or 1o contain a critical mass of fissionable material property damage includes all forms of radioactive contamination of property. This endorsement replaces any and all other nuclear energy exclusion endorsements contained in this policy. This endorsement is exceuted by the LIBERTY MUTUAL INSURANCE COMPANY Premium Effective Date Espiration Date For attachment to Policy No. KI1 651 289682 024 Audit Basis Issued To piration Date KE1 651 289682 024 Countersigned by Sales Office and No. Ruthorized Representative End. Serial No. Issued LU 21020805 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE DAMAGES AND SUPPLEMENTARY PAYMENTS DAMAGES AND SUPPLEMENTARY PAYMENTS WITHIN THE DEDUCTIBLE ERODE POLICY LIMITS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE DEDUCTIBLE AMOUNT Bodily Injury and Property Damage Liability 13762 FinnChem HD Tech Personal and Advertising Injury Liability Medical 137620 All Other Entities Payments and Supplementary Payments A. DEDU BLE DAMAGES AND SUPPLEMENTARY PAYMENTS ERODE DEDUCTIBLE You are responsible up to the Deductible Amount in the Schedule for the total of 1. All damages including amounts paid in settlement of a claim or suit and medical payments plus 2. Al SUPPLEMENTARY PAYMENTS because of all bodily injury and property damage under Coverage A that results from any one occurrence all personal and advertising injury under Coverage B sustained by any one person or organization and all bodily injury sustained by one person under Coverage C. Subject to the applicable limits of insurance we are responsible for those amounts of damages and medical expenses to which this insurance applies and SUPPLEMENTARY PAYMENTS that exceed the Deductible Amount shown in the Schedule. We have the right but not the duty to advance any part or all of these amounts. Exercise of our right to advance such amount shall not create any obligations or be construed as a waiver or estoppel of our rights under this policy. EFFECT OF DEDUCTIBLE ON LIMITS OF INSURANCE The Each Occurrence Limit the Personal and Advertising Injury Limit the Medical Expense Limit and any applicable aggregate limits of insurance are reduced by the amount of damages and SUPPLEMENTARY PAYMENTS as referred to in paragraph A. above paid or payable by you within the deductible. C. CONDITIONS 1. Recovery from Others In the event we recover any advance or payment made under this policy by exercising our right of subrogation the amount so recovered shall first be applied to any payments made by us in excess of the Deductible Amount only then shall the remainder of such recovery if any be applied to reduce the Deductible Amount payable o paid by you. LC 0307 06 05 Page 1 of 2 | 2 |
Cancellation You must a promply pay all amounts for which you are responsible under this endorsement and b reimburse us for any such amounts that we pay or advance upon receipt of a billing from us. If you fail to do so we may at our option and to the extent permitted by law cancel either this endorsement or this b P 3 policy by mailing or delivering to you notice of cancellation pursuant to the terms applicable to cancellation for non payment of premium in the policy or an endorsement thereto. Your Duties 4. The first Named Insured shown in the Declarations agrees and is authotized to pay all Deductible Amounts on behalf of all Named Insureds and to reimburse us for any such amounts that we advance. b Each Named Insured is joindly and severally fiable for all Deductible Amounts under this policy. Other Rights and Duties Ours and Yours Al other terms of this policy including those which govern a our right and duty to defend any claim proceeding or suit against you and b your duties if injury occurs apply irrespective of application of this deductible endorsement. This endorsement is exccuted by the LIBERTY MUTUAL INSURANCE COMPANY Premium Effective Date Expiration Date For attachment 0 Policy No. KE1 651 289682 024 Issued To Nk 0 Expiration Date KE1 651 289682 024 T Loy o7y Countersigned by Representative Sales Office and No. End. Serial No. Tssued Sales Office and No. LC 03 07 06 05 Page 20f 2 | 2 |
Policy Number KE1 651 289682 024 Issued by LIBERTY MUTUAL INSURANCE COMPANY Endorsement Number Endorsement Effective Date THE ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL AND ADVERTISING INJURY REDEFINED DEFINITION OF PUBLICATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraphs d. and. of the definition of personal and adverising injury are replaced by the following Personal and advertising injury means injury including consequential bodily injury atising out of onc or more of the following offenses d. Oral or written publication directly to the public at large of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services. e 1 Ol or written publication directly to the public at large of material that violates a person s right of privacy 2 Oral or written publication of material that violates a person s right of privacy by misappropriation of that person s name or likeness. The following definition is added to the Definitions Section Publication means an insured s act of disseminating or broadcasting material or information. Publication does not include the wrongful appropriation interception or retrieval of material ot information by a third party or the insured s dissemination o broadcasting of material or information to a person who is the subject of the material or the information. LC 29040808 Page 1 of 1 | 2 |
Policy Number KE1 651 289682 024 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVERTISEMENT REDEFINED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILTY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART The definition of advertisement in the Definitions Section is replaced by the following Advertisement means a paid announcement that is broadcast or published in the print broadcast or electronic media 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. Announcements 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. LC 29081011 2011 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANADIAN CURRENCY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART All premiums deductibles exposure values and limits of liability are shown and payable in Canadian funds. All claim payments related to this policy will be paid in Canadian funds. This endorsement s executed by the LIBERTY MUTUAL INSURANC Premium Effective Date Expiration Date For attachment to Policy No. KE1 651 289682 024 Audit Basis Issued To ixpiration Date KE1 651 289682 024 Countersigned by Sales Office and No. T Rihorzed Repvenive End. Serial No. Issued LU 99 0108 05 Page 1 of 1 | 2 |
S.P.F. No. 6 Standard Non Owned Automobile Policy ADIVISION OF LIBERTY MUTUAL INSURANCE COMPANY HEREINAFTER CALLED THE INSURER HEAD OFFICE FOR CANADA 181 BAY STREET BROOKFIELD PLACE SUITE 1000 BAY WELLINGTON TOWER P.0. BOX 744 TORONTO ONTARIO M5J 2T3 ACCOUNT NO POLICY NO. SUB ACCOUNT SALES OFFICE CODE SALESREP CODE TTYEAR 289679 KE1 651 289682 024 0501 TORONTO 0707 BFL Canada Risk and 2010 Insurance Services Inc. WHEREAS AN APPLICATION HAS BEEN MADE BY THE APPLICANT HEREINAFTER CALLED THE INSURED TO THE INSURER FOR A CONTRACT OF AUTOMOBILE INSURANCE AND THE SAID APPLICATION FORMS PART OF THIS CONTRACT OF INSURANCE AND IS AS FOLLOWS ITEMS APPLICATION 1. FULL NAME OF Kemira Chemicals Canada Inc. THE APPLICANT POSTAL ADDRESS 626 Oak Park Rd Brantford ON N2 T 5L8 Canada NCLUDING COUNTY OR DISTRICT APPLICANT 1S Corporation STATE WHETHER NOWIDUAL PARTNERSHIP. CORPORATION. MUNICIPALITY OR ESTATE 2. POLICY T o TE T PERIOD FROM 12 01 AM 01 01 2014 TZOTAM 01 01 2015 APPLGANTS AooResS i STATED MEREN 3. THE AUTOMOBILES IN ESPECT OF WHICH INSURANCE IS TO BE PROVIDED ARE THOSE NOT OWNED IN WHOLE OR IN PART BY. NOR LICENSED IN THE NAME OF THE APPLICANT USED IN THE APPLICANT S BUSINESS OF 4. THE APPLICANT S PARTNERS OFFICERS EMPLOYEES AND AGENTS AS OF THE DATE OF THIS APPLICATION ARE AS FOLLOWS PARTNERS OF FICERS AND EMPLOYEES WHO REGULARLY USE AUTOMOBILES NOT OWNED BY THE APPLICANT IN HIS BUSINESS ALL OTHER PARTNERS OFFICERS AND EMPLOYEES ALL APPLICANT S AGENTS LOCATION CLASS A1 PRIVATE CLASS A2 CLASS B CLASS C PASSENGER COMMERCIAL NUMBER RATE PREMIUM NUMBER RATE PREMIUM NUMBER RATE PREMIUM NOMBER RATE PREVIUM SN A SN A SN A 5. HIRED AUTOMOBILES THE AUTOMOBILES HIRED BY THE APPLICANT ARE AS FOLLOWS TYPE OF AUTOMOBILE ESTIMATED COST OF HIRE RATES PER 100 OF COST OF ADVANCE PREMIUM HIRE AS KNOWN TO COMPANY SN A THE ADVANCE PREMIUM IS SUBJECT TO ADJUSTMENT AT THE END OF THE POLICY PERIOD AS PROVIDED IN THE POLICY. 6. AUTOMOBILES OPERATED UNDER CONTRACT ON BEHALF OF THE APPLICANT ARE AS FOLLOWS TYPE OF AUTOMOBILE AND DESCRIPTION OF USE ESTIMATED CONTRACT RATES PER 100 OF ADVANCE PREMIUM CCONTRACT COST AS KNOWN TO COMPANY SN A THE ADVANCE PREMIUM IS SUBJECT TO ADJUSTMENT AT THE END OF THE POLICY PERIOD AS PROVIDED IN THE POLICY. 7. THIS APPLICATION IS MADE FOR INSURANCE AGAINST THE PERILS MENTIONED IN THIS ITEM AND UPON THE TERMS AND CONDITIONS OF THE INSURER S CORRESPONDING STANDARD POLICY FORM AND FOR THE FOLLOWING SPECIFIED LIMIT. INSURING PERILS LIMIT COMBINED PREMIUMS AGREEMENT LEGAL LIABILITY FOR BODILY INJURY TEXCLUSIVE OF INTEREST AND COSTS FOR TO OR DEATH OF ANY PERSON OR LOSS OR DAMAGE RESULTING FROM BODILY SECTION A 10 O AT O AN PERSON O ounco INJURY TO OR THE DEATH OF ONE OF MORE THIRD PARTY N THE CARE CLSTODY OR 000 PERSONS AND FOR LOSS OR DAMAGE TO NoT Of PROPERTY REGARDLESS OF THE NUMBER LIABILITY CONTROL OF THE APPLICANT OF CLAIMS ARISING FROM ANY ONE ACCIDENT. ENDORSEMENTS S.E.F. 94 S.E.F. 96 S.EF. 99 QEF. 6 96 Q.E.F. 6 99 MINIMUM RETAINED PREMIUM TOTAL PREMIUM SEE POLICY DECLARATIONS 8. HAS ANY INSURER CANCELLED DECLINED OR REFUSED TO RENEW OR ISSUE AUTOMOBILE INSURANCE TO THE APPLICANT WITHIN THREE YEARS PRECEDING THIS APPLICATION IF SO STATE NAME OF INSURER. 9. STATE PARTICULARS OF ALL ACCIDENTS OR CLAIMS ARISING OUT OF THE USE OR OPERATION IN HIS BUSINES OF NON OWNED AUTOMOBILES BY THE APPLICANT WITHIN THE THREE YEARS PRECEDING THIS APPLICATION. INJURY TO PERSONS DAMAGE TO PROPERTY OF OTHERS As Known To The Insurer As Known To The Insurer 10. ALL THE STATEMENTS IN THIS APPLICATION ARE TRUE AND THE APPLICANT HEREBY APPLIES FOR A CONTRACT OF AUTOMOBILE INSURANGE TO BE BASED ON THE TRUTH OF THE SAID STATEMENTS 11. Where a an applicant for a contract gives false particulars of the described automobile to be insured to the prejudice of the insurer or knowingly misrepresents or fails to disclose in the application any fact required to be stated therein or b the insured contravenes a term of the contract or commits a fraud or c the insured willfully makes a false statement in respect of a claim under the contract a claim by the insured is invalid and the right of the insured to recover indemnity is forfeited. COUNTERSIGNED N9LOO BY AUTHORIZED REPRESENTATIVE LOCATION RENEWAL OF TYPED BY AND DATE AUDIT BASIS AUDIT SYMBOL Toronto KE1 651 289682 023 Dmk 242014 0 S.P.F. No. 6 Standard Non Owned Automobile Policy 00000 61602R 1080 Page 1 of | 2 |
NON OWNED AUTOMOBILE INSURING AGREEMENT Now Therefore in Consideration of the payment of the premium specified and of the statements contained in the application and subject to the fimits terms conditions provisions definitions and exclusions herein stated SECTION A THIRD PARTY LIABILITY The Insurer agrees to indemnify the Insured against the liabiity imposed by law upon the Insured for loss or damage arising from the use or operation of any automobile not owned in whole or in part by or licensed in the name of the Insured and resulting from BODILY INJURY TO OR THE DEATH OF ANY PERSON OR DAMAGE TO PROPERTY OF OTHERS NOT IN THE CARE CUSTODY OR CONTROL OF THE INSURED Provided always the Insurer shall not be lible under this policy for any lability assumed by any person insured by this policy voluntarily under any contract or agreement or for any liability which arises from the use or operation of any automobile while personally driven by the Tnsured if the Insured is an individual or for loss or damage 1o property carried in or upon an automobile personally driven by any person insured by this policy or to any property owned or rented by. or in the. b for any liability imposed upon any person insured by this policy care custody or control of any such person or 1 by any workmen s compensation law o 2 by any law for bodily injury to or the death of the Insured or any partner officer for any amount in excess of the limit stated in Item 7 of the application and or employee of the Insured while engaged in the business of the Insured o expenditures provided for in the Additional Agreements of this policy subject always 1o the provisions of the section of the Insurance Act Automobile Insurance Not applicable in the Province of Ontario Part relating to the nuclear energy hazard. ADDITIONAL AGREEMENTS OF INSURER Where indemnity is provided by this policy. the Insurer further agrees 4 in case the injury be to a person. reimburse any person insured by this policy for 1 upon receipt of notice of loss or damage caused to persons or property 10 serve any outlay for such medical aid as may be immediately necessary at the time of such person insured by this policy by such investigation thereof or by such negotiations injury and with the claimant. or by such settlement of any resulting claims. as may be deemed expedient by the Insurer and 5 be liable up to the minimum limits prescribed for that province or teritory of Canada in which the accident occurred. if that limits is higher than the limit stated todefend in the name and on behalf of any person insured by this policy and at the in section A of item 7 of the application and cost of the Insurer any civil action which may at any time be brought against such person on account of such 10ss or damage to persons o property and 6 not set up any defense to a claim that might not be set up if the policy were a motor vehicle lability policy issued in the province or territory of Canada in which the 3 1o pay all costs taxed against any person insured by this policy in any civil action accident occurred. defended by the Insurer and any interest accruing afier entry of judgment upon that part of the judgment which is within the limits of the Insurer s Hability and AGREEMENTS OF INSURED Where indemnity is provided by this section. every person insured by this policy b shall reimburse the Insurct upon demand. in the amount which the Insurr has paid by the acceptance of this policy. constitutes and appoints the Insurer his irrevocable by reason of the provisions of any statute relating o automobile insurance and attomey to appear and defend in any province or teritory of Canada in which action which the Insurer would not otherwise be liable to pay under this policy. is brought against their Insured arising out of the use or operation of an automobile. with respect to which insurance is provided hereunder GENERAL PROVISIONS AND DEFINITIONS 1. ADDITIONAL INSUREDS 5. TWO OR MORE AUTOMOBILES The Insurer agrees to indemnify in the same manner and to the same extent as if named hercin as the Insured every partner. officer or employee of the Insured who. When two or more automobiles are insured hereunder the terms of this policy shall with the consent of the owner thereof personally drives in the business of the apply separaiely 1o cach but motor vehicle and a trailer or trailers atiached thereto Insured stated in Item 3 of the application. any automobile not owned in whole or in shall be held to be one automobile as respects limits of liability under Section A part by or licensed in the name of i the Insured. or i such additional Insured person or i any person or persons residing in the same dwelling premises as the 6. PREMIUM ADJUSTMENT Insured or such additional Insured person. or b any automobile hired or leased in the name of the Insured except an automabile owned in whole or in part or ficensed The Advance Premium stated in Item 5 of the application is computed on the in the name of such additional insured person. estimated total cost of hire for the Policy Period. The words cost of hirc as used herein mean the entire amount incurred for Hired Automobiles and drivers when 2 TERRITORY such automobiles are hired with drivers or the amount incurred for hired automabiles and the wages paid to drivers when such drivers are employees of the This policy applics only to the use or operation of automobiles within Canada or the insured. United States of America or upon a vessel plying between ports of these countries. The Advance Premium stated in ltem 6 of the application is computed on the 3. HIRED AUTOMOBILES DEFINED estimated total contract cost for the Policy Period. The words contract cost as used herein mean the entire amount paid by the insured for Automobiles Operated The term Hired Automobiles as used in this policy means automabiles hired or Under Contract to the owners thercof. leased from others with or without drivers used under the control of the Insured in the business stated in ltem 3 of the application but shall not include any automobile The Advance Premiums are subject to adjustment at the end of the Policy Period owned in whole or in part by or licensed in the name of the Insured or any partner when the Insured shall deiver to the Insurer a written statement of the total officer or employee of the insured. amounts expended for cost of hire during the Policy Period. If such amounts excecd the estimates stated in the application the Insured shall immediately pay additional 4. AUTOMOBILES OPERATED UNDER CONTRACT DEFINED premium at the rates stated therein i less the Insurer shall retum 1o the Insured the uncamed premium when determined but the Insurer shall. in any event receive or The term Automobiles as used in this policy shall mean automobiles hired or retain not less than the Minimum Retained Premium siated thercin. leased from others with or without drivers. used under the control of the Insured in the business stated in ltem 3 of the application. but shall not include any automobile The Insurer shall have the right and opportunity. whenever the Insurer so desires. to owned in part by o licensed in the name of the Insured or any partner officer or examine the books and records of the Insured o the extent they relate o the employee of the Insured. premium bases or the subject matter of this policy. STATUTORY CONDITIONS The insurance provided under tis Coverage i subjeet to the Automobile Statutory Conditions approved by the Superintendent of Insurance for the Province in which this policy is issucd and upon request the Company will make available a complete copy of same. obile while automobiles within Canada or the between ports of these countries. cy means automobiles hired or der the control of the Insured in shall not include any automobile ne of the Insured or any partrer RACT DEFINED Il mean automobiles hired or der the control of the Insured in shall not include any automobile ured or any partner. officer or Policy No KE1 651 289682 024 Issued 242014 61602R 1080 Page 1 of 1 | 2 |
Issued to Kemira Chemicals Canada Inc. Policy Number KE1 651 289682 024 Issued by Liberty International Underwriters a Division of Liberty Mutual Insurance Company S.E.F. No. 96 CONTRACTUAL LIABILITY ENDORSEMENT for attachment only to a Non Owned Policy S.P.F. No. 6 In consideration of a premium of INCLUDED it is understood and agreed that exclusion c of the Insuring Agreement of the policy to which this endorsement is attached is amended to read as follows For any liability assumed by any person insured by this policy voluntarily under any contract or agreement other than those stated below Dates of contracts Names of other contracting party or parties ALL WRITTEN CONTRACTS. Except as otherwise provided in this endorsement all limits terms conditions provisions definitions and exclusions of the policy shall have full force and cffect. Countersigned by.. Authorized Representative Issued February 4 2014 Issuing Office and No. Toronto 707 iffc 61428 1 69 | 2 |
S.E.F. No. 99 EXCLUDING LONG TERM LEASED VEHICLE ENDORSEMENT for attachment only to a Non Owned Policy S.P.F. No. 6 In consideration of the premium for which this policy is issued it is understood and agreed that Item 3 Hired Automobiles Defined of General Provisions and Definitions of the policy to which this endorsement is attached is hereby amended to read as follows The term Hired Automobiles as used in this policy means a automobiles hired or leased from others with drivers or b hired or leased by the named Insured from others without driver for periods not exceeding 30 days used under the control of the Insured in the business stated in Item 3 of the application but shall not include any automobile owned in whole or in part by or licensed in the name of the Insured or any partner officer or employee of the Insured. Signature of the Insured Except as otherwise provided in this endorsement all limits terms conditions provisions definitions and exclusions of the policy shall have full force and effect. Attached to and forming part of Policy No. KE1 651 289682 024 Issued to Kemira Chemicals Canada Inc. This endorsement shall be effective from 01012014 1201 a.m. Standard Time. 1201 a.m. Standard Time. ifc 61428 1 69 | 2 |
Q.E.F. No. 6 96 CONTRACTUAL LIABILITY ENDORSEMENT INSURER Liberty International Underwriters a Division of Liberty Mutual Insurance Company Issued to Kemira Chemicals Canada Inc. Attached to and forming part of Policy No KE1 651 289682 024 Effective from 01012014 1201 A.M. standard time. In consideration of a premium of INCLUDED it is hereby understood and agreed that exclusion 5 of section A of the policy is amended to read as follows 5 For any liability assumed voluntarily by any person insured by this policy under any contract or agreement other than those stated below Dates of contracts.. Names of other contracting party or parties ALL WRITTEN CONTRACTS Premium due date. All other terms and conditions of the contract remain the same. | 2 |
Q.E.F. No. 6 99 EXCLUDING LONG TERM LEASED VEHICLE ENDORSEMENT INSURER Liberty International Underwriters a Division of Liberty Mutual Insurance Company Issued to Kemira Chemicals Canada Inc. Attached to and forming part of Policy No KE1 651 289682 024 Effective from 01012014 1201 A.M. standard time. In consideration of the premium for which this policy is issued it is understood and agreed that clause 3 of the General Provisions Definitions and Exclusions of the policy is hereby amended to read as follows 3. DEFINITIONS a The term hired automobiles means i automobiles hired or leased from others with drivers ii hired or leased by the Named Insured from others without driver for periods not exceeding 30 days used under the control of the Insured in the business stated in Item 3 of the Declarations but shall not include any automobile owned in whole or in part by or registered in the name of the Insured or any employee shareholder officer member partner or mandatary of the Insured. All other terms and conditions of the contract remain the same. Signature of Insured | 2 |
S.E.F.NO. 4 LEGAL LIABILITY FOR DAMAGE TO HIRED AUTOMOBILES ENDORSEMENT for attachment only to a Non owned Policy S.P.F. No. 6 In consideration of the premium herein stated it is understood and agreed that the policy to which this endorsement is attached is extended subject always to the condition that the Insurer shall be liable under the subsection or subsections of the Insuring Agreement hereof for which a premium is stated and no other. SECTION B LEGAL LIABILITY FOR DAMAGE TO HIRED AUTOMOBILES The Insurer agrees to indemnify the Insured against the liability imposed by law upon the Insured or assumed by him under any contract or agreement for loss or damage arising from the care custody or control of Hired Automobiles as defined in such policy and resulting from loss or damage thereto caused solely by Subsection 1 ALL PERILS from all perils Subsection 2 COLLISION OR UPSET caused by collision with another object or by upset Subsection 3 COMPREHENSIVE from any peril other than by collision with another object or by upset The words another object as used in this subsection shall be deemed to include a a vehicle to which the automobile is attached and b the surface of the ground and any object therein or thereon. Loss or damage caused by missiles falling or flying object fire theft explosion carthquake windstorm hal rising water malicious mischief riot or civil commotion shall be deemed loss or damage for which insurance is provided under this subsection 3. Subsection 4 SPECIFIED PERILS caused by fire lightning theft or attempt thereat windstorm earthquake hail explosion riot or civil commotion falling or forced landing of aircraft or of parts thereof rising water or the stranding sinking burning derailment or collision of any conveyance in or upon which the automobile is being transported on land or water. DEDUCTIBLE CLAUSE Each occurrence causing loss or damage covered under any subsection hereof except loss or damage caused by fire or lightning or theft of the entire automobile covered by such subsection shall give rise to a separate claim in respect of which the Insurer s liability shall be limited to the amount of loss or damage in excess of the amount deductible if any stated in the applicable subsection hereof. TWO OR MORE AUTOMOBILES Amotor vehicle and one or more trailers or semi trailers attached thereto shall be held to be separate automobiles with respect to the limit of liability including the deductible provision if any under this Insuring Agreement. EXCLUSIONS The insurer shall not be liable I for loss or damage to any automobile while personally driven by the Insured if the Insured is an individual or 2 under any subsection hereof for loss or damage o tires or consisting of or caused by mechanical fracture or breakdown of any part of an automobile or by rusting corrosion wear and tear freczing or explosion within the combustion chamber unless the loss or damage is coincident with other loss or damage covered by such subsection or is caused by fire theft or malicious mischief covered by such subsection or b to any automobile while being used without the consent of the owner thereof or caused directly o indirectly by contamination by radioactive material or d to contents of trailers or to rugs or robes or e to tapes and equipment for use with a tape recorder when detached therefrom or caused dircctly or indirectly by bombardment invasion civil war insurrection rebellion revolution military or unsurped power or by the operation of armed forces while engaged in hostilities whether war be declared or not or for any amount in excess of the limit stated in the applicable subsection hereof and expenditures provided for in the Additional Agreements of the policy to which this endorsement is attached or 3 under subsection 3 Comprehensive 4 Specified Perils for a collision loss or damage occurring after theft by any person or persons residing in the same dwelling premises s the Insured. or by any employee of the Insured engaged in the operation maintenance or repair of the automobile whether the theft occurs during the hours of such service or employment or not unless the policy provides insurance under subsections 1 or 2. 61618 3 80 Page 1 of 2 3 | 2 |
ADDITIONAL AGREEMENT The Insurer further agrees to pay general average salvage and fire department charges and custom duties of Canada or of the United States of America for which the Insured is legally liable. SUBSECTION LIMITS AND AMOUNTS TYPE OF ESTIMATED RATE ADVANCE AUTOMOBILE COST OF HIRE PER PREMIUM 100 1. exclusive of interests and All Perils 50000 costs any one accident Included Included 1000 Amount Deductible 2. exclusive of interests and Collision costs any one Accident Included Included or Upset Amount Deductible 3. exclusive of interests and Comprehensive costs any one accident Included Included s Amount Deductible 4. exclusive of interests and Specified Perils costs any one accident SN A SN A S Amount Deductible Minimum Retained Premium S TOTAL Included The advance premiums for this endorsement are subject to adjustment in the same manner as those stated under Item 5 of the application. Except as otherwise provided in this endorsement all limits terms conditions provisions definitions and exclusions of the policy shall have full force and effect Attached to and forming part of Policy No. KE1 651 289682 024 of Liberty Mutual Insurance Company Issued to Kemira Chemicals Canada inc. This endorsement shall be effective from January 1 2014 1201 a.m. Standard Time 61618 3 80 Page 2 of 2 | 2 |
LIBERALIZATION NOTICE This Liberalization Notice applies only if this policy is a renewal of an expiring policy issued to you by us. This notice applies to 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 PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK With respect to coverage for any claim or suit the terms and conditions of this policy or the expiring policy it replaces whichever is broader will govern subject to the following exceptions 1. 2. The limits of insurance of this policy will apply The premium and any deductible or self insured retention amounts and provisions of this policy will apply Coverage will only be provided to persons or organizations that qualify as insureds on this policy Terrorism endorsements on this policy will apply regardiess of the terms of the expiring policy The endorsements on this policy if any shown in the Schedule which will apply regardless of the terms of the expiring policy The endorsements on your expiring policy if any shown in the Schedule which have not been continued on this policy and will not apply to this policy and Any Other Changes described in the Schedule. Schedule Endorsements on this policy Form Form Name Endorsements on your expiring policy that have not been continued Form Form Name Other Changes SNL 90041013 2013 Liberty Mutual Insurance. Al rights reserved. Page 1 of 1 orm Form Name orm Form Name | 2 |
TATA AIG Tata AIG General Insurance Company Ltd. COMMERCIAL GENERAL LIABILITY SCHEDULE Agent Broker Producer Name J B Boda Insurance Brokers Pvt Ltd Agent Broker License Code DB13803 Agent Broker Contact No 022 66314949 POLICY NO. 0301004560 COMPANY NAME AREA PRODUCER NAME AREA NAMED INSURED Perkins Eastman Design Consultants India Pvt. Ltd MAILING ADDRESS Forbes Building Floor 5 Charanijit Rai Marg Fort Mumbai Maharashtra India PIN CODE 400001 POLICY PERIOD From 10 08 2016 To 09 08 2017 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 MASTER CONTROL PROGRAM AGGREGATE LIMIT GENERAL AGGREGATE LIMIT INR 6.7 Crores Any One Occurrence and in the Aggregate. Other Than Products Completed Operations PRODUCTS COMPLETED OPERATIONS LIMIT PERSONAL ADVERTISING INJURY LIMIT INR 6.7 Crores Any One Occurrence and in the Aggregate. INR 335000 per occurrence INR 67000 per person DAMAGE TO PREMISES RENTED TO YOU MEDICAL EXPENSE LIMIT Coverage A of this insurance does not apply to bodily injury or property damage which occurs before the Retroactive Date if any shown below Retroactive Date NA. Page 1 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 2 |
TATA INSURANCE Tata AIG General Insurance Company Ltd. Form of Business O Individual O Partnership O Joint Venture B Organization Other than Partnership or Joint Venture Business Description Providing Architects and Engineering Consulting Services Premium INR 158120 Add 15 Service Tax INR 23718 Total Premium INR 181.838 Deductible INR 134000 each and every claim This policy is issued subject to the following 1. Defense Costs included in the Limit of Liability 2. Terrorism Legal Liability Coverage as per Endorsement subject to e Sub Limited to INR 6.7 Crores Any One Occurrence and in the Aggregate Defense Costs further sub limited to INR 6.7 Crores Any One Occurrence and in the Aggregate 3. Property Damage to Electronic Data Exclusion 4. Professional Liability Exclusion 5. Pure Financial Loss Exclusion 6. Aviation Liability Exclusion 7. Care Custody and Control Exclusion 8. Architects Engineers and Surveyors Professional Liability Exclusion 9. No cover for liability arising out of based upon or attributable to Construction Repair project exposures of any kind 10. War and Sabotage Exclusion. 11. Fines Penalties Punitive and Exemplary Damages Exclusion 12. Cancellation as per policy wordings 13. Deductible Endorsement 14. Coverage Territory General Aggregate India e Product and Completed Operations 15. Coverage Jurisdiction General Aggregate India e Product and Completed Operations IN WITNESS WHEREOF the undersigned being duly authorised by the Company and on behalf of the Company has hereunto set his hand at Mumbai this 13 day of August 2016. Service Tax Registration No AABCT3518QST004 The Stamp Duty of Rs.0.50 paise paid in cash or demand draft or by pay order vide receipt Challan no. MH001687292201617E dated the 09062016 Page 2 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U85110MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 Www tatagiginsurance.in idual Venture scription ervice Tax m | 2 |
npany Ltd. TATA AIG INSURANCE For Tata AIG General Insurance Company Ltd. WWJ Atri Chakraborty National Head Operations System Tata AIG General Insurance Company Ltd. Policy Servicing Office Tata AlG General Insurance Co Ltd 6 Floor Trade World Tower A Kamla City Kamla Mills Compound Senapati Bapat Marg Lower Parel Mumbai400013.Tel No. 022 66382333 Fax No 022 66382390. Page 3 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 2 |
TATA AIG Tata AIG General Insurance Company Ltd. 1. COMMERCIAL GENERAL LIABILITY POLICY PLEASE READ THE ENTIRE FORM CAREFULLY Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the Company providing this insurance. The word Insured means any person or organization qualifying as such under Section Il Who Is an Insured. Other words and phrases that appear in bold type have special meaning. Refer to Section V Definitions. WHEREAS you have made to us a Proposal which is hereby agreed to be the basis of this Policy and have paid to us the premium specified in the Schedule. NOW WE agree subject always to the following terms exclusions limitations and conditions to indemnify you in excess of the amount of the Deductible Retention and subject to the Limit of Indemnity against such loss as is herein provided. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Insuring Agreement a. We will pay those sums that the Insured becomes legally liable 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 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. 3 Our duty to defend applies only in those countries in the coverage territory where Page 4 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U85110MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 www.tataaiginsurance.in | 0 |
TATA AIG INSURANCE the laws of the territory permit us to defend. In those countries in the coverage territory where the laws of the territory do not permit us to defend we will reimburse you for your defense costs subject to our prior authorization in writing. No other liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 Any claim or suit is made or brought in the coverage territory or the United States of America its territories and possessions Puerto Rico or Canada. c. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage which the Insured is liable to pay as 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 legal 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 Page 5 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 1 |
TATA AIG INSURANCE b Such legal 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 claimed. c. Liquor Liability Bodily injury or property damage for which any Insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. d. Workers Compensation and Similar Laws Any liability of the Insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. Employer s Liability Bodily injury to 1 An employee of the Insured arising out of and in the course of a 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 1 Whether the Insured may be liable as an employer or in any other capacity and 2 To any liability 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. f. Pollution Page 6 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 1 |
TATA AIG INSURANCE 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or b c d occupied by or rented or loaned to any Insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equipment used to heat that building i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional Insured with respect to your ongoing operations performed for that additional Insured at that premises site or location and such premises site or location is not or never was owned or occupied by or rented or loaned to any Insured other than that additional Insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire At or from any premises site or location which is or was at any time used by or for any Insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any Insured or any person or organization for whom you may be legally responsible or At or from any premises site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such Insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such Insured contractor or subcontractor Page 7 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 1 |
TATA AIG INSURANCE i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the Insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any Insured. Use includes operation and loading or unloading. This exclusion does not apply to 1 Awatercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 50 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 Page 8 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 1 |
TATA AIG INSURANCE 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of the operation of any of the 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 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 due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection invasion act of foreign enemy civil commotion factional civil commotion terrorism military or usurped power rebellion or revolution. j Damage To Property Property damage to 1 Property you own rent or occupy Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the Insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to 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 IIl 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. Page 9 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U85110MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Hel 266 7780 1800 11 9966 Www in | 1 |
TATA AIG INSURANCE 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. k. 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. m. 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 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. n. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property If such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. 0. Employment Related Practices Page 10 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 1 |
TATA INSURANCE Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices describe in paragraphs a b or c above is directed. This exclusion applies 1 Whether the Insured may be liable as an employer or in any other capacity and 2 To any liability to share damages with or repay someone else who must pay damages because of the injury. p. Personal and advertising injury Bodily injury arising out of personal and advertising injury. q. Asbestos Property damage or bodily injury arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos products asbestos fibers or asbestos dust or to any liability of the Insured to indemnify any party because of damages arising out of such property damage or bodily injury as a result of manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos products asbestos fibers or asbestos dust. r. Nuclear This policy does not cover liability for claims arising out of directly or indirectly caused by or contributed to by 1 ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel 2 the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof 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 Page 11 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U85110MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 266 7780 1800 11 9966 Www | 1 |
TATA AIG INSURANCE a. We will pay those sums that the Insured becomes legally liable 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 IIl Limits Of Insurance and 2 Our right and duty to defend will 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. 3 Our duty to defend applies only in those countries in the coverage territory where the laws of the territory permit us to defend. In those countries in the coverage territory where the laws of the territory do not permit us to defend we will reimburse you for your defense costs subject to our prior authorization in writing. 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. Any claim or suit must be made or brought in the coverage territory or the United States of America its territories and possessions Puerto Rico or Canada. 2. Exclusions This insurance does not apply to a. Personal and advertising injury 1 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 2 Arising out of oral or written publication of material if done by or at the direction of the Insured with knowledge of its falsity 3 Avrising out of oral or written publication of material whose first publication took place before the beginning of the policy period 4 Avrising out of a criminal act committed by or at the direction of any Insured Page 12 0f 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 1 |
TATA AIG INSURANCE 5 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 6 Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement 7 Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement 8 Arising out of the wrong description of the price of goods products or services stated in your advertisement 9 Committed by an Insured whose business is advertising broadcasting publishing or telecasting. However this exclusion does not apply to Paragraphs 15.a. b. and c. of personal and advertising injury under the Definitions Section 10 Arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time 11 Arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos products asbestos fibers or asbestos dust or to any obligation of the Insured to indemnify any party because of damages arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos products asbestos fibers or asbestos dust or 12 Due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection invasion act of foreign enemy civil commotion factional civil commotion terrorism military or usurped power rebellion or revolution. 13 a To a person arising out of any i Refusal to employ that person i Termination of that person s employment or iii Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or b The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices describe in paragraphs i ii or iii above is directed. This exclusion 13 applies whether the Insured may be liable as an employer or in any other capacity and to any liability to share damages with or repay someone else who must pay damages because of the injury. b. Any loss cost or expense arising out of any Page 13 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U85110MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Hel 266 7780 1800 11 9966 Www | 1 |
TATA AIG INSURANCE Request demand or order that any Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 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 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within thirty days of the date of the accident and 3 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. To any Insured. b. To a person hired to do work for or on behalf of any Insured or a tenant of any Insured. c. To a person injured on that part of premises you own or rent that the person normally occupies. Page 14 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 1 |
TATA AIG INSURANCE d. To a person whether or not an employee of any Insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. To aperson injured while taking part in athletics. f. Included within the products completed operations hazard. g. Excluded under Coverage A. h. Due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection invasion act of foreign enemy civil commotion factional civil commotion terrorism military or usurped power rebellion or revolution. 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. All expenses we incur. b. Up to 250 or equivalent thereof 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. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All costs assessed or taxed against the Insured in the suit. f. Prejudgment interest awarded against the Insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. Allinterest 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. 2. If we defend an Insured against a suit and an indemnitee of the Insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met Page 15 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 1 |
TATA AIG INSURANCE 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 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 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 The indemnitee and the Insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the Insured and the indemnitee and The indemnitee 1 Agrees in writing to a Co operate 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 Co operate with us with respect to coordinating other applicable insurance available to the Indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met legal 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 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 legal 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 Page 16 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U85110MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Hel 266 7780 1800 11 9966 Www in | 1 |
TATA AIG INSURANCE b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION II WHO IS AN INSURED 1. If you are designated in the Declarations as a. Anindividual you and your spouse are Insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an Insured. Your members your partners and their spouses are also Insureds but only with respect to the conduct of your business. c. An organization other than a partnership or a joint venture 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 with respect to the conduct of your business. 2. Each of the following is also an Insured a. Your employees other than either your executive officers if you are an organization other than a partnership or joint venture 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 is an Insured 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 or to a co employee while that co employee is either in the course of his or her employment or while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that co employee as a consequence of Paragraph 1a above For which there is any liability to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees any Page 17 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U85110MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Hel 266 7780 1800 11 9966 Www | 1 |
TATA AIG INSURANCE partner or member if you are a partnership or joint venture or any member b. Any person other than your employee 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 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an Insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an Insured but only with respect to liability arising out of the operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an Insured with respect to a. Bodily injury to a co employee of the person driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an Insured under this provision. 4. Any organization you newly acquire or form other than a partnership or joint venture 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 or joint venture that is not shown as a Named Insured in the Declarations. SECTION Iil LIMITS OF INSURANCE Page 18 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 1 |
TATA AIG INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the maximum 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 Master Control Program Aggregate is the maximum we will pay for the sum of damages paid under this policy and any local underlying policy. You will reimburse us within thirty 30 days of our request for any payment we make under this policy or any local underlying policy for damages or expenses after the Master Control Program Aggregate is exhausted. 3. Subject to 2. above the General Aggregate Limit is the maximum 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 Damages under Coverage B. 4. Subject to 2. above the Products Completed Operations Aggregate Limit is the maximum we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 5. Subject to 3. above the Personal and Advertising Injury Limit is the maximum 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. 6. Subject to 3. or 4. above whichever applies the Each Occurrence Limit is the maximum we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 7. Subject to 6. above the Damage To Premises Rented To You Limit is the maximum 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. 1. Subject to 6. above the Medical Expense Limit is the maximum we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. 2. All payments made under any local policy issued to you by us or any other insurance Page 19 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U85110MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Hel 266 7780 1800 11 9966 Www | 1 |
TATA INSURANCE company will reduce the Limits of Insurance of this policy. 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 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. Notice of an occurrence or offense is not notice of a claim. b. If a claim is received by any Insured you must 1 Immediately record the specifics of the claim 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 as soon as practicable. You and any other involved Insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or a suit 2 Authorize us to obtain records and other information 3 Co operate 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. Page 20 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U85110MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Hel 266 7780 1800 11 9966 Www | 1 |
TATA AIG INSURANCE 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 in writing. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or 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 obtained after an actual trial 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. 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 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 c. below. b. Excess Insurance This insurance is excess over 1 Any of the other insurance whether primary excess contingent or on any other basis a That is Fire Extended Coverage Builders Risk Installation Risk or similar coverage for your work b That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner c That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or Page 21 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 1 |
TATA AIG INSURANCE d 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. Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional Insured by attachment of an endorsement or 3 Any of the other insurance or your self insurance plan that that covers a loss on the same basis. When this insurance is excess we will have no duty under Coverages A or B to defend you against any suit if any other insurer has a duty to defend you against that suit. If no other insurer defends we will undertake to do so but we will be entitled to your 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 1 The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not 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. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. 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. Page 22 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 1 |
TATA AIG INSURANCE c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree oW 10. The statements in the Declarations are accurate and complete Those statements are based upon representations you made to us and We have issued this policy in reliance upon your representations. 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 As if each Named Insured were the only Named Insured and Separately to each Insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us If the Insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The Insured must do nothing after loss to impair them. At our request the Insured will bring suit or transfer those rights to us and help us enforce them. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. Cancellation We may cancel this Policy by giving 30 days written notice of such cancellation to the last known address of the first named Insured and in such event we will return a pro rata portion of the premium subject to retaining the minimum premium prescribed under the Policy for the unexpired Policy Period. This Policy may also be cancelled by you by giving 30 days written notice to us in which event we will retain premium at the customary short period scale provided that there has been no Claim under the Policy during the Policy Period in which case no refund of premium shall be allowed. Page 23 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 1 |
TATA AIG INSURANCE c The payment or tender of any unearned premium by us shall not be a condition precedent to the effectiveness of cancellation but such payment shall be made as soon as practicable. 11. 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. 12. 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. 13. Inspections and Surveys a. We have the right to 1 make inspections and surveys at any time 2 give you reports on the conditions we find and 3 recommend changes. b. We are not obligated to make any inspections surveys reports or recommendations and such actions we do make 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 1 are safe or healthful or 2 comply with laws regulations codes or standards. Paragraphs a. and b. of this condition apply not only to us but also to any rating advisory rate service or similar or other organization which makes insurance Inspections surveys reports or recommendations. d Paragraph b. 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. 14. Premiums The first Named Insured shown in the Declarations a. is responsible for the payment of all premiums and Page 24 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 1 |
TATA INSURANCE b. will be the payee for any return premiums we pay. 15. 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 rep resentative is appointed anyone having proper temporary custody of your property will have your right and duties but only with respect to that property. 16. a Arbitration Any and all disputes or differences which may arise under out of in connection with or in relation to this Policy or to its existence validity or termination or to the determination of the amount or any amounts payable under this Policy shall be referred to a sole arbitrator to be appointed by the parties to the dispute within 30 days of any party giving notice of arbitration to the others. In the event that the parties are unable to agree upon the identity of a sole arbitrator the disputes or differences shall be referred to the decision of 3 arbitrators of whom one shall be appointed in writing by each of the parties within a period of 30 days after the failure to appoint a sole arbitrator and the third who shall serve as Chairman shall be appointed by the nominated arbitrators. In case either party shall refuse or fail to appoint an arbitrator within the aforesaid 30 days after receipt of notice in writing requiring an appointment the other party shall be at liberty to appoint a sole arbitrator who shall thereafter be empowered to conduct the arbitration and determine the disputes or differences referred to him as if he had been appointed a sole arbitrator with the consent of both parties. The parties shall share the expenses of the arbitrator or arbitral tribunal equally and such expenses along with the reasonable costs of the parties in the arbitration shall be awarded by the arbitrator or arbitral tribunal in favour of the successful party in the arbitration or where no party can be said to have been wholly successful to the party who has substantially succeeded. The place of arbitration shall be India the language of the arbitration shall be English the law applicable to and in the arbitration shall be Indian law and the arbitration process will be in accordance with the provisions of the Arbitration Conciliation Act 1996 as amended from time to time. It is a condition precedent to any right of action or suit upon this Policy that the award by such arbitrator or arbitrators shall be first obtained. In the event that these arbitration provisions shall be held to be invalid then all such disputes shall be referred to the exclusive jurisdiction of the Indian courts. 17. Governing Law Page 25 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U85110MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Hel 7780 1800 11 9966 Www U | 1 |
TATA AIG INSURANCE Any interpretation of this policy relating to its construction validity or operation shall be made in accordance with Indian law. 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. 2. Auto means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. 3. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. 4. Coverage territory means anywhere in the world including International waters or airspace but excluding the United States of America including its territories and possessions Puerto Rico and Canada. 9. a. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfilling the terms of the contract or agreement. Insured contract means 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 Page 26 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U85110MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 Www tatagiginsurance.in | 1 |
TATA INSURANCE A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury 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 10. 11. 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 Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 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. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property Atfter it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto Page 27 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 1 |
TATA INSURANCE b. While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered 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. 12. Local underlying policy means a primary policy effective on or after the inception of this policy which has been issued at our direction or coordinated by us specifically for this insurance program. 18. 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 a b c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in a. b c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning Page 28 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 1 |
14. 15. g. TATA AIG INSURANCE 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. 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 False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Oral or written publication of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication of material that violates a person s right of privacy The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. 16. 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. 17. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. Page 29 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 1 |
TATA AIG INSURANCE c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any Insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. 18. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. 19. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages 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. 20. 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. 21. Terrorism means the unlawful use of violence against persons or property to further political objectives and which is intended to intimidate or coerce a government individuals or persons to modify their behavior or policies or an act which is verified by the United States Department of State as an act of terrorism. Terrorism does not include a. Any act of violence directed at a specific individual or individuals which is motivated by personal reasons specific to the parties i. e. robbery crime of passion murder or b. Any act of war or civil war. Page 30 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U85110MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Hel 266 7780 1800 11 9966 Www | 1 |
TATA INSURANCE 22 Your product means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing of or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for the use of others but not sold. 23 Your work means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. Your work includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and b. The providing of or failure to provide warnings or instructions. Page 31 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 1 |
TATA INSURANCE Attached to and forming part of policy no. 0301004560 DEFENSE COSTS INCLUSIVE ENDORSEMENT It is hereby understood and agreed that notwithstanding anything stated to the contrary anywhere in the policy all expenses the Insurer incurs or all expenses incurred by the Insured at the Insurer s request to assist the Insurer in the investigation or defense of the claim or suit shall serve to reduce the limits of liability of this policy as stated in the Schedule. All other terms and conditions remain unchanged. Page 32 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 2 |
TATA INSURANCE Attached to and forming part of policy no. 0301004560 TERRORISM LIABILITY COVERAGE ENDORSEMENT Itis hereby agreed that SECTION COVERAGES is amended to include the following COVERAGE D TERRORISM LIABILITY 1. Insuring Agreement a. We agree to pay those sums that the insured becomes legally obligated to pay as damages because of i bodily injury or ii property damage that is caused by terrorism and 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 pursuant to Coverage D is limited in the aggregate to INR 6.7 Crores. For the avoidance of doubt the Limit applicable to Coverage D is a component of and payments made thereunder shall erode the General Aggregate Limit of the Policy. 2 Our defense obligation pursuant to Coverage D is limited to INR 6.7 Crores in the aggregate. This Limit is a component of and shall erode the Limit applicable to Coverage D described in 1 above. 3 Our duty to defend applies only to those countries in the coverage territory where legal circumstances permit us to defend. In those countries in the coverage territory where legal circumstances do not permit us to defend we will reimburse you for your defense costs subject to our prior authorization as well as paragraph 2 above. 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 involves terrorism and that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 Any claim or suit is made or brought in the coverage territory. 2. Medical Payments Extension INR 67000 per injured person INR 6700000 aggregate Page 33 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U85110MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 www.tataaiginsurance.in | 2 |
a. TATA AIG INSURANCE We will pay medical expenses as described below for bodily injury caused by terrorism on premises you own or rent or on ways next to premises you own or rent provided that 1 The event takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within one year of the date of the accident and 3 The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. We will make these payments regardless of fault. These payments will not exceed INR 67000 per injured person and are subject to an aggregate limit of INR 6700000. The Limit applicable to the Medical Payments Extension to Coverage D is a component of and payments made thereunder shall erode the General Aggregate Limit of the Policy. We will pay reasonable expenses for 1 First aid administered at the time of an event 2 Necessary medical surgical x ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 3. Exclusions Applicable to Coverage D This insurance does not apply to a. e. Coverage A and C Exclusions injury or property damage excluded under Coverage A or Coverage C of the Computer Hacking Bodily injury or property damage caused by terrorism by electronic means including computer hacking or the introduction into any computer of any form of corrupting harmful or otherwise unauthorized instructions or code. This exclusion shall not apply to the detonation of any explosive bomb or missile which is controlled by any remote device or reliant upon electronic means in its launch guidance or firing systems. Nuclear Bodily injury or property damage due to nuclear reaction nuclear radiation or radioactive contamination however caused. Governmental Action Damages arising from any confiscation nationalization requisition or property damage by or pursuant to the order of any government or governmental entity. Financial Services Page 34 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 2 |
TATA AIG INSURANCE Damages arising from your provision of financial services in violation of generally accepted anti money laundering andor anti terrorist financing principles and standards. 5. Definitions Applicable to Coverage D For the avoidance of doubt Coverage D is subject to all the terms of the Policy including SECTION V DEFINITIONS. a. Terrorism means the unlawful use of violence against persons or property to further political objectives and which is intended to intimidate or coerce a government individuals or persons to modify their behavior or policies or an act which is verified by the Government of India as an act of terrorism. Terrorism does not include 1 Any act of violence directed at a specific individual or individuals which is motivated by personal reasons specific to the parties i. e. robbery crime of passion murder or 2 Any act of war or civil war. All other terms conditions and exclusions shall remain the same. Page 35 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 2 |
TATA INSURANCE Attached to and forming part of policy no. 0301004560 PROPERTY DAMAGE TO ELECTRONIC DATA EXCLUSION Notwithstanding anything to the contrary stated in the policy or in any of the endorsements thereon it is hereby agreed and declared that this insurance does not apply to damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. All other terms and conditions remain unchanged. Page 36 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 2 |
TATA INSURANCE Attached to and forming part of policy no. 0301004560 PROFESSIONAL LIABILITY EXCLUSION Notwithstanding anything stated to the contrary anywhere in the policy it is agreed that This insurance does not apply to any liability arising out of any act error omission malpractice or mistake of a professional nature committed by the Insured or any person for whom the Insured is legally responsible. It is understood 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. However this exclusion shall not apply to resultant Bodily Injury or Property Damage arising out of professional services performed by or on behalf of the Insured. All other terms and conditions remain unchanged. Page 37 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 2 |
TATA INSURANCE Attached to and forming part of policy no. 0301004560 PURE FINANCIAL LOSS EXCLUSION Notwithstanding anything contained in this policy to the contrary it is declared that this policy shall not apply to any liability arising out of financial monetary loss that is not a direct result of physical damage to property of a third party that was damaged bodily injury of third party All other terms and conditions remain unchanged. Page 38 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 2 |
TATA INSURANCE Attached to and forming part of policy no. 0301004560 AVIATION LIABILITY EXCLUSION Notwithstanding anything to the contrary mentioned in the policy or in any of the endorsements it is hereby declared that the policy will not cover any liability arising out of damage to aircraftsincluding missiles or spacecraft ground support or control equipment used therewith and electronic data employed in such aviation operations Itis also agreed that no coverages under this policy apply to any damages A arising out of Aircraft Products and Completed Operations or any reliance upon any representation or warranty made with respect thereto nor to any damages arising out of the grounding of any aircraft. Aircraft Product and Completed Operations It means 1 Aircraft including missiles or spacecraft and ground support or control equipment used therewith and electronic data employed in such aviation operations and any other goods or products manufactured sold handled or distributed by the Insured or any services provided or recommended by the Insured or by others trading under insured s name for use in the manufacture repair operation maintenance or use of any aircraft and 2 Any articles furnished by the Insured and installed in aircraft or used in connection with aircraft or for spare parts for aircraft including but not limited to ground handling tools and equipment training aids instructions manuals blueprints engineering or other data engineering or other advice and labor relating to such aircraft or articles. Grounding means the withdrawal of one or more aircraft for the flight operations or the imposition of speed passenger or load restrictions on such aircraft by reason of the existence of or alleged or suspected existence of any defect fault or condition in such aircraft or any part thereof sold handled or distributed by the Insured or manufactured assembled or processed by any other person or organization according to specifications plans suggestions orders or drawings of the Insured or with tools machinery or other equipment furnished to such persons or organizations by the Insured whether such aircraft so withdrawn are owned or operated by the same or different persons organizations or corporations. A grounding shall be deemed to commence on the date of an occurrence which discloses such condition or on the date an aircraft is first withdrawn from service on account of such condition whichever occurs first. B arising out of ownership maintenance use of aircrafts or any operations necessary or incidental to any airport or aircraft landing area. All other terms and conditions remain unchanged. Page 39 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 2 |
TATA INSURANCE Attached to and forming part of policy no. 0301004560 CARE CUSTODY AND CONTROL EXCLUSION It is hereby understood and agreed that the Insurer shall not be liable to make any payment for loss in connection with any claim made against the Insured arising out of based upon or attributable to any property within the Care Custody or Control of the Insured. Al other terms and conditions remain unchanged. Page 40 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 2 |
TATA INSURANCE Attached to and forming part of policy no. 0301004560 ARCHITECTS ENGINEERS OR SURVEYORS PROFESSIONAL LIABILITY EXCLUSION This endorsement modifies insurance provided as under The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by you or any engineer architect or surveyor who is either employed by you or performing work on your behalf in such capacity. Professional services include 1. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2. Supervisory inspection architectural or engineering activities. All other terms and conditions remain unchanged. Page 41 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 2 |
TATA INSURANCE Attached to and forming part of policy no. 0301004560 WAR AND SABOTAGE EXCLUSION Notwithstanding anything stated in the contrary it is hereby understood and agreed that SECTION I COVERAGES 2 i in the policy which read as War Bodily injury or property damage due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. is deleted in its entirety and replaced with the following War Bodily injury or property damage due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion sabotage or revolution. All other terms and conditions remain unchanged. Page 42 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 2 |
TATA INSURANCE Attached to and forming part of policy no. 0301004560 FINES PENALTIES PUNITIVE OR EXEMPLARY DAMAGES EXCLUSION Notwithstanding anything to the contrary mentioned in the policy it is hereby declared that this Policy excludes all liability for fines penalties punitive or exemplary damages. All other terms and conditions remain unchanged. Page 43 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 2 |
TATA INSURANCE Attached to and forming part of policy no. 0301004560 SANCTIONS ENDORSEMENT The Insurer will not be liable to provide any coverage or make any payment hereunder if to do so would be in violation of any sanctions law or regulation which would expose the Insurer its parent company or its ultimate controlling entity to any penalty under any sanctions law or regulation. All other terms and conditions remain unchanged. Page 44 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 2 |
TATA INSURANCE Attached to and forming part of policy no. 0301004560 COVERAGE TERRITORY ENDORSEMENT It is hereby agreed and declared that SECTION V DEFINITIONS 4. Coverage Territory of the policy which reads as follows 4. Coverage territory means anywhere in the world including International waters or airspace but excluding the United States of America including its territories and possessions Puerto Rico and Canada is deleted in its entirety and replaced with the following 4. Coverage territory means For General Aggregate India For Product and Completed Operations All other terms and conditions remain unchanged. Page 45 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 2 |
TATA INSURANCE Attached to and forming part of policy no. 0301004560 COVERAGE JURISDICTION ENDORSEMENT It is hereby agreed and declared that SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1.Insuring Agreement b. 3 of the policy which reads as follows b. 3 Any claim or suit is made or brought in the coverage territory or the United States of America its territories and possessions Puerto Rico or Canada. is deleted in its entirety and replaced with the following b. 3 Any claim is made or suit is brought within or in accordance with the laws of countries specified below For General Aggregate India For Product and Completed Operations It is further agreed and declared that SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1.Insuring Agreement b. of the policy which reads as follows 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. Any claim or suit must be made or brought in the coverage territory or the United States of America its territories and possessions Puerto Rico or Canada. is deleted in its entirety and replaced with the following 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. Any claim or suit must be made or brought within or in accordance with the laws of countries specified above for General Aggregate. Al other terms and conditions remain unchanged. Page 46 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 2 |
TATA INSURANCE Attached to and forming part of policy no. 0301004560 DEDUCTIBLE ENDORSEMENT Notwithstanding anything to the contrary contained in the within mentioned policy it is hereby agreed and declared that 1. This insurance applies to amounts in excess of the Deductibles mentioned in the policy schedule and ultimately you are responsible for amounts within Deductibles regardless of whether we pay or incur amounts within the Deductible s. If we pay or incur damages or expenses then it is a condition of this insurance that you must reimburse us within thirty 30 days of our request for these amounts upto the amount of the applicable Deductibles shown in the policy schedule. Except in respect of Fire Damage Limit or Damage to Premises rented to you Limit to which no Deductible applies the applicable Deductible amount for coverages A B is shown in the Schedule. Each applicable Deductible or Retention shown in the Schedule applies separately from and in addition to any other applicable Deductible or Retention shown in the Schedule. The applicable Deductible or Retention amount applies separately to each separate claim made against any Insured under the applicable coverage. Deductibles apply separately to each consecutive annual period and to any remaining period and to any extension period of less than twelve 12 months starting with the beginning of the policy period shown in the Schedule. Amounts that are within the Deductibles will reduce the Aggregate Limits of Insurance. The Limits of Insurance will not be increased or reinstated by any Deductibles or any amount that you must reimburse to us in connection with any Deductibles shown in the Schedule. The amount of any applicable Deductible will not be less than the amount shown in the Schedule regardless of whether this insurance or this endorsement is i. Issued for a period of less than twelve 12 months or ii. Terminated before the end of the policy period for any reason. Regardless of the application of any Deductible i. The terms and conditions of this insurance continue to apply including those with respect to our rights to investigate any claim or other loss circumstance and to make any settlement. ii. The requirement of this insurance for you to notify us of any claims or other loss circumstances under the applicable coverage continues to apply. iii. We may at our discretion initiate or control any appeal of a judgment if we consider such a judgment or appeal may result in payment under this insurance. All other terms and conditions remain unchanged. s Page 47 of 47 TATA AIG General Insurance Company Limited Regd. Office 15th Floor Tower A Peninsula Business Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013 Maharashtra India. IRDA Registration No. 108 CIN no. U851 10MH2000PLC128425 TEL 491 22 66699696 FAX 91 22 66546464 For more information call the Tata AIG Helpline 1800 266 7780 1800 11 9966 ww tataaiginsurance | 2 |
CArainm Cactimityg AlG Foreign Casualty WorldSource 770 671 2269 Telephone L Michael. Finnaig.com September 28 2015 Drew Hannan Lockton Companies LLC 444 W 47 St. Ste. 900 Kansas City MO 64112 Re Americold Realty Trust 10 Glenlake Pkwy 800 Atlanta GA 30328 LOB Foreign Commercial General Liability Policy Number 800274867 Policy Period 10012015 to 10012016 Dear Drew Attached please find policy documents. We appreciate your business and look forward to serving your international insurance needs. Please call me with any questions or concerns. Regards Michael Finn Senior Underwriter Foreign Casualty Ed. 1209 | 2 |
POLICYHOLDER NOTICE POLICYHOLDER NOTICE Thank you for purchasing insurance from a member company of American International Group Inc. AIG. The AIG member companies generally pay compensation to brokers and independent agents and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aig.comproducercompensation or by calling AIG at1 800 706 3102. 91222 0413 | 2 |
FOREIGN COMMERCIAL GENERAL LIABILITY INSURANCE OCCURRENCE BASED COVERAGE The Insurance Company of the State of Pennsylvania DECLARATIONS Executive Offices POLICY NUMBER 80 0274857 175 Water St. New York NY 10038 RENEWAL OF POLICY NO. WS20000970 ITEM 1. NAMED INSURED NAMED INSURED S ADDRESS including country Americold Realty Trust 10 Glenlake Pkwy 800 Individual Partnership Atlanta GA 30328 X Corporation Joint Venture BUSINESS DESCRIPTION OF THE NAMED INSURED Refrigerated Warehousing Other Dollar amounts are X US Doliars Canadian Dollars Locations of all Premises you Own Rent or Occupy Per Schedule on File with Company ITEM 2. POLICY PERIOD m d y From October 1 2015 To October 1 2016 1201 a.m. Standard Time at the address set forth above ITEM 3. LIMITS OF INSURANCE In consideration of receipt of the full premium and subject to all the terms conditions and exclusions of this policy we agree to provide the following limits Master Control Program Aggregate 4000000 General Aggregate Limit Other Than Prod Comp Operations 2000000 Products Completed Operations Aggregate Limit 2000000 Person Personal Advertising Injury Limit 1000000 Each Occurrence Limit 1000000 Medical Expense Limit Per Person 60000 Damage To Premises Rented To You Limit 1000000 Employee Benefits Liability Limit of Liability Each Wrongful Act 1000000 Employee Benefits Liability Limit of Liability Annual Aggregate 1000000 ITEM 4. PREMIUM Premium Basis Rate Premium 2296736 Square Feet 0.0441 101340 Total Premium Payable at Inception 101340 Minimum Earned Premium 65871 In Case of Loss Notify Broker s Name Address Commission AIG Lockton Companies LLC 15 180 Maiden Lane 40 Floor 447 W. 47 St. Ste. 900 New York NY 10038 Kansas City MO 64112 el Secretary President Authorized Representative artnership oint Venture F THE NAMED INSURED S EtE. Than Prod Comp Operations s Aggregate Limit Injury Limit 15 or Page 1 of 1 77881 1209 | 2 |
FORMS SCHEDULE Policy No. 80 0274857 Policy Period From October 1 2015 To October 1 2016 Named Insureds AMERICOLD REALTY TRUST The forms set forth below are the forms issued at inception. Form Number with Edition Date 77881 1209 WS 2001 0711 91222 0413 78970 0610 78971 0510 78990 0510 79038 0206 79040 0510 79052 0511 79073 0510 79075 0510 79121 0610 79122 0510 80971 0510 80983 0510 80986 0510 80991 0510 83773 0510 84276 0510 W78689 0510 80967 0510 W2174 0312 Title DECLARATIONS OCCURRENCE FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART OCCURRENCE POLICYHOLDER NOTICE ADDITIONAL INSURED WHERE REQUIRED UNDER CONTRACT OR AGREEMENT AIRCRAFT PRODUCTS EXCLUSION AND GROUNDING ENDORSEMENT EMPLOYEE BENEFITS LIABILITY INSURANCE CLAIMS MADE FELLOW EMPLOYEE EXCLUSION DELETED INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE NEWLY ACQUIRED ENTITY COVERAGE EXTENDED TOTAL POLLUTION EXCLUSION WITH A HOSTILE FIRE EXCEPTION UNINTENTIONAL ERRORS AND OMISSIONS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WHEN WE DO NOT RENEW AMENDED BROAD FORM NAMED INSURED ABSOLUTE LEAD EXCLUSION NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT RADIOACTIVE MATTER EXCLUSION LOCAL POLICY TAX NOTICE OF CANCELLATION AMENDED FUNGUS EXCLUSION AMENDMENT OF DUTIES IF THE EVENT OF OCCURRENCE OFFENSE CLAIM OR SUIT CLAIM NOTICE ENDORSEMENT Title DECLARATIONS OCCURRENCE FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART OCCURRENCE POLICYHOLDER NOTICE ADDITIONAL INSURED WHERE REQUIRED UNDER CONTRACT OR AGREEMENT AIRCRAFT PRODUCTS EXCLUSION AND GROUNDING ENDORSEMENT EMPLOYEE BENEFITS LIABILITY INSURANCE CLAIMS MADE FELLOW EMPLOYEE EXCLUSION DELETED INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE NEWLY ACQUIRED ENTITY COVERAGE EXTENDED TOTAL POLLUTION EXCLUSION WITH A HOSTILE FIRE EXCEPTION UNINTENTIONAL ERRORS AND OMISSIONS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WHEN WE DO NOT RENEW AMENDED BROAD FORM NAMED INSURED ABSOLUTE LEAD EXCLUSION NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT RADIOACTIVE MATTER EXCLUSION LOCAL POLICY TAX NOTICE OF CANCELLATION AMENDED FUNGUS EXCLUSION AMENDMENT OF DUTIES IF THE EVENT OF OCCURRENCE OFFENSE CLAIM OR SUIT CLAIM NOTICE ENDORSEMENT Page 1 of 1 2271 0712 | 2 |
FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART OCCURRENCE FORM PLEASE READ THE ENTIRE FORM CAREFULLY 8 If a suit is brought in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from defending the insured the insured will initiate a defense of the suit. We will reimburse the insured under Supplementary Payments for any reasonable and necessary expenses incurred for the defense of a suit seeking damages to which this insurance applies that we would have paid had we been able to exercise our right and duty to defend and 4 If the insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from paying such sums on the insured s behalf we will reimburse the insured for such sums. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period 3 Prior to the policy period no insured listed under Paragraph. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or Page 1 of 24 Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the Company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in bold type have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Ill Limits Of Insurance 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 WS2001 07 11 | 0 |
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 and 4 Any claim or suit is made or brought in the coverage territory or the United States of America its territories and possessions Puerto Rico or Canada. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subseqguent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or Page 2 of 24 WS2001 07 11 | 1 |
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