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COMMERCIAL GENERAL LIABILITY b. We have used up the applicable limit of insurance in the payment of judgments settlements or medical expenses or The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. b. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a conseguence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1 or b above or d Arising out of his or her providing or failing to provide professional health care services. Unless you are in the business or occupation of providing professional health care services Paragraphs 1 b c and d above do not apply to bodily injury arising out of providing or failing to provide first aid or Good Samaritan services by any of your employees or volunteer workers other than an employed or wolunteer doctor. Any such employees or volunteer workers providing or failing to provide first aid or Good Samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager.. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. CGT1000219 Page 11 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. e. Any person or organization that with your express or implied consent either uses or is responsible for the use of a watercraft that you do not own that is 1 50 feet long or less and 2 Not being used to carry any person or property for a charge. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and of which you are the sole owner or in which you maintain an ownership interest of more than 50 will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Cowerage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Cowerage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Section Il Who Is An Insured each such organization will be deemed to be designated in the Declarations as a. An organization other than a partnership joint venture or limited liability company or b. Atrust as indicated in its name or the documents that govern its structure. Any person or organization that is a premises owner manager or lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured but only with respect to liability for bodily injury property damage or personal and advertising injury that a. Is bodily injury or property damage that occurs or is personal and advertising injury caused by an offense that is committed subsequent to the signing of that contract or agreement and b. Arises out of the ownership maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner manager or lessor is subject to the following provisions a. The limits of insurance provided to such premises owner manager or lessor will be the minimum limits that you agreed to provide in the written contract or agreement or the limits shown in the Declarations whichever are less. b. The insurance provided to such premises owner manager or lessor does not apply to 1 Any bodily injury or property damage that occurs or personal and advertising injury caused by an offense that is committed after you ceaseto be a tenant in that premises or 2 Structural alterations new construction or demolition operations performed by or on behalf of such premises owner manager or lessor. Any person or organization that is an equipment lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured but only with respect to liability for bodily injury property damage or personal and advertising injury that a. Is bodily injury or property damage that occurs or is personal and advertising injury caused by an offense that is committed subsequent to the signing of that contract or agreement and b. Is caused in whole or in part by your acts or omissions in the maintenance operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions a. The limits of insurance provided to such equipment lessor will be the minimum limits that you agreed to provide in the written contract or agreement or the limits shown in the Declarations whichever are less. b. The insurance provided to such equipment lessor does not apply to any bodily injury or property damage that occurs or personal and advertising injury caused by an offense that is committed after the equipment lease expires. No person or organization is an insured with respect to the conduct of any current or past partnership joint CGT1000219 Page 12 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY venture or limited liability company that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership joint venture or limited liability company that otherwise qualifies as an insured under Section Il Who Is An Insured. SECTION lll LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or C. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal injury and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. For the purposes of determining the applicable Each Occurrence Limit all related acts or omissions committed in providing or failing to provide first aid or Good Samaritan services to any one person will be deemed to be one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of premises damage to any one premises. The Damage To Premises Rented To You Limit will be a. The amount shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part or b. 300000 if no amount is shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occumence 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 occumrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable.. 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 WSV A e Ve L e W number of e or suits brought or Ll organizations making claims or most we will pay ge C xcept damages operty damage leted operations ons Aggregate Caoveraae A for CGT1000219 Page 13 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. The following provisions apply to Paragraph a. above but only for purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section Il Who Is An Insured 1 Notice to us of such occurrence or offense must be given as soon as practicable only after the occumrence or offense is known to you if you are an individual any of your partners or members who is an individual if you are a partnership or joint venture any of your managers who is an individual if you are a limited liability company any of your executive officers or directors if you are an organization other than a partnership joint venture or limited liability company any of your trustees who is an individual if you are a trust or any employee authorized by you to give notice of an occurrence or offense. 2 If you are a partnership joint venture limited liability company or trust and none of your partners joint venture members managers or trustees are individuals notice to us of such occurrence or offense must be given as soon as practicable only after the occurrence or offense is known by a Anyindividual whois A patner or member of any partnership or joint venture i A manager of any limited liability company i An executive officer or director of any other organization or iv A trustee of any trust that is your partner joint venture member manager or trustee or b Any employee authorized by such partnership joint venture limited liability company trust or other organization to give notice of an occurrence or offense. 3 Notice to us of such occurrence or offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us of the occurrence or offense as soon as practicable after any of the persons described in Paragraph e.1 or 2 above discovers that the occurrence or offense may result in sums to which the insurance provided under this Coverage Part may apply. However if this policy includes an endorsement that provides limited coverage for bodily injury or property damage or pollution costs arising out of a discharge release or escape of pollutants which contains a requirement that the discharge release or escape of pollutants must be reported to us within a specific number of days after its abrupt commencement this Paragraph e. does not affect that requirement. 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 asuit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Cowverage 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. CGT1000219 Page 14 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 4. Other Insurance If valid and collectible other insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as described in Paragraphs a. and b. below. As used anywhere in this Coverage Part other insurance means insurance or the funding of losses that is provided by through or on behalf of i Another insurance company i Us or any of our affiliated insurance companies except when the Non cumulation of Each Occurrence Limit provision of Paragraph 5. of Section Il Limits Of Insurance or the Non cumulation of Personal and Advertising Injury Limit provision of Paragraph 4. of Section Ill Limits of Insurance applies because the Amendment Non Cumulation Of Each Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising Injury Limit endorsement is included in this policy iiii Any risk retention group or iv Any self insurance method or program in which case the insured will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance or excess insurance that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Cowerage Part. As used anywhere in this Coverage Part other insurer means a provider of other insurance. As used in Paragraph. below insurer means a provider of insurance. a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below except when Paragraph d. below applies. b. Excess Insurance 1 This insurance is excess over Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work 3 4 i That is insurance for premises damage iii If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to any exclusion in this Cowverage Part that applies to aircraft autos or watercraft iv That is insurance available to a premises owner manager or lessor that qualifies as an insured under Paragraph 4. of Section Il Who Is An Insured except when Paragraph d. below applies or That is insurance available to an equipment lessor that qualifies as an insured under Paragraph 5. of Section Il Who Is An Insured except when Paragraph d. below applies. b Any of the other insurance whether primary excess contingent or on any other basis that is available to the insured when the insured is an additional insured or is any other insured that does not qualify as a named insured under such other insurance. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. v 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. CGT1000219 Page 15 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis or a primary and non contributory basis this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured and we will not share with that other insurance provided that 1 The bodily injury or property damage for which coverage is sought occurs and 2 The personal and advertising injury for which coverage is sought is caused by an offense that is committed subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Cowerage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured.. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based representations you made to us and. We hawve issued this policy in reliance upon your representations. The unintentional omission of or unintentional error in any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Cowverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others ToUs If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. upon SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. S SOt Ocedlrs ald and advertising injury for is sought is caused by an mmitted igning of that contract or CGT1000219 Page 16 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY Advertising injury a. Means injury caused by one or more of the following offenses 1 Oral or written publication including publication by electronic means of material in your advertisement that slanders or libels a person or organization or disparages a person s or organization s goods products or services provided that the claim is made or the suit is brought by aperson or organization that claims to have been slandered or libeled or that claims to have had its goods products or services disparaged 2 Oral or written publication including publication by electronic means of material in your advertisement that a Appropriates a person s name voice photograph or likeness or b Unreasonably places a person in a false light or 3 Infringement of copyright title or slogan in your advertisement provided that the claim is made or the suit is brought by a person or organization that claims ownership of such copyright title or slogan. b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. Auto means a. A land motor wvehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land wvehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. does not include mobile However auto equipment. Bodily injury means a. Physical harm including sickness or disease sustained by a person or b. Mental anguish injury or illness or emotional distress resulting at any time from such physical harm sickness or disease. Broadcasting means transmitting any audio or visual material for any purpose a. Byradio or television or b. In by or with any other electronic means of communication such as the Internet if that material is part of 1 Radio or television programming being transmitted 2 Other entertainment educational instructional music or news programming being transmitted or 3 Advertising transmitted with any of such programming. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or C. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or ina settlement we agree to. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. ed written publication including on by electronic means of material advertisement that ropriates a person s name voice ograph or likeness or sasonably places a person in a light or nent of copyright title or slogan advertisement provided that the made or the suit is brought by a or organization that claims ip of such copyright title or dily injury caused by one or more ses described in Paragraph a. tor vehicle trailer or semitrailer travel on public roads including machinery or equipment or and vehicle that is subject to a or financial responsibility law. or a T te C b. Ir in o in c. A d 1 2 3 provic dama the te epttler s not include mobile uding sickness or disease n or CGT1000219 Page 17 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 10. 1. 12 13. Good Samaritan senvices means any emergency medical senvices for which no compensation is demanded or received. Hostile fire means a fire which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for premises damage is not an insured contract b. A sidetrack agreement. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury property damage or personal injury to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demoliton operations within 50 feet of any railroad property and affecting any railroad bridge or trestle 14. 15. 16. tracks roadbeds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b 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 insureds rendering or failure to render professional services including those listed Paragraph 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. 3 Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land wvehicles 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. Vehicles that travel on crawler treads CGT1000219 Page 18 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land wvehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Such land vehicles are considered autos. 17. Occurrence means a. An accident including continuous or repeated exposure to substantialy the same general harmful conditions or b. An act or omission committed in providing or failing to provide first aid or Good Samaritan senvices to a person unless you are in the business or occupation of providing professional health care services. 18. Personal and advertising injury means personal injury or advertising injury. 19. Personal injury a. Means injury other than advertising injury caused by one or more of the following offenses 1 False arrest detention or imprisonment 2 Malicious prosecution 3 The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies provided that the wrongful eviction wrongful entry or invasion of the right of private occupancy is committed by or on behalf of the owner landlord or lessor of that room dwelling or premises Oral or written publication including publication by electronic means of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services provided that the claim is made or the suit is brought by a person or organization that claims to have been slandered or libeled or that claims to have had its goods products or services disparaged or 4 6 Oral or written publication including publication by electronic means of material that a Appropriates a person s name voice photograph or likeness or b Unreasonably places a person in a false light. b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. 20. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. y Wey Roe and are vility to of the erators building lighting used to. b c. urposes S0Ns or ith the ttached but will not devices chassis and erators building lighting ude any sory or vehicle incipally sidered 4 It CGT1000219 Page 19 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 21. Premises damage means a. With respect to the first paragraph of the exceptions in Exclusion j. of Section I Cowerage A Bodily Injury And Property Damage Liability property damage to any premises while rented to you for a period of seven or fewer consecutive days including the contents of such premises or With respect to the exception to Exclusions C. through n. in the last paragraph of Paragraph 2. of Section Coverage A Bodily Injury And Property Damage Liability property damage to any premises while rented to you for a period of more than seven consecutive days or while temporarily occupied by you with permission of the owner caused by 1 Fire 2 Explosion 3 Lightning 4 Smoke resulting from fire explosion or lightning or 5 Water. But premises damage under this Paragraph b. does not include property damage to any premises caused by 1 Rupture bursting or operation of pressure relief devices 2 Rupture or bursting due to expansion or swelling of the contents of any building or structure caused by or resulting from water or 3 Explosion of steam boilers steam pipes steam engines or steam turbines. 22. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your b. contract calls for work at more than one job site. 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. 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. 23. Property damage means Physical injury to tangible property including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it or Loss of use of tangible property that is not physically injured. All such loss of use will be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 24. Slogan a. b. Means a phrase that others use for the purpose of attracting attention in their advertising. Does not include a phrase used as or in the name of 1 Any person or organization other than you or 2 Any business or any of the premises goods products services or work of any person or organization other than you. CGT1000219 Page 20 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 25. 26. 27. 28. 29. 30. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Title means a name of a literary or artistic work. Unsolicited communication means any communication in any form that the recipient of such communication did not specifically request to receive. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product a. Means 1 Any goods or products other than rea property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organizaton whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions.. Does not include vending machines or other property rented to or located for the use of others but not sold. 31. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. CGT1000219 Page 21 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY POLICY NUMBER TC2J GLSA415J5114 TIL19 ISSUE DATE 08 22 19 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization Any person or organization with whom you have agreed in a written contract or agreement to waive your right of recovery but only for payments we make because of 1. Bodily injury or property damage that occurs or 2. Personal injury or advertising injury caused by an offense committed after you have executed that contract or agreement. Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. CG 24040509 Insurance Services Office Inc. 2008 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENSION OF COVERAGE BODILY INJURY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following replaces the definition of bodily injury in the DEFINITIONS Section Bodily injury means a. Physical harm including sickness or disease or b. Mental anguish injury or illness emotional distress shock fright disability or humiliation sustained by a person. GN 00130219 Page 1 of 1 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY POLICY NUMBER TC2J GLSA415J5114 TIL19 ISSUE DATE 08 22 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYERS OVERHEAD LIABILITY This modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 11 T A CTATEC LIST OF STATES ND WA WY LIMITS OF INSURANCE BODILY INJURY BY ACCIDENT BODILY INJURY BY DISEASE BODILY INJURY BY DISEASE EACH ACCIDENT AGGREGATE EACH EMPLOYEE BODILY INJURY BY ACCIDENT 1000000 BODILY INJURY BY DISEASE 1000000 BODILY INJURY BY DISEASE 1000000 of the terms of the Coverage Part to which this endorsement is attached apply to the insurance provided by this endorsement except for the COM MON POLICY CONDITIONS and Section IV COM MERCIAL GENERAL LIABILITY CONDITIONS. SECTION COVERAGE 1. Insuring Agreement This insurance applies to bodily injury by acci dent or bodily injury by disease to your em ployees. Bodily injury includes resulting death. a. The bodily injury must arise out of and in the course of the injured employee s employ ment by you. b. The employment must be necessary or inci dental to your work in the states listed in the Schedule above.. You must maintain for the employee full Workers Compensation Insurance coverage in the Workers Compensation State Fund of the states listed in the Schedule above dur ing the term of this insurance or shall be a qualified self insurer approved by the State Workers Compensation Commission and in good standing. d. Bodily injury by accident must occur during the endorsement period. e. Bodily injury by disease must be caused or aggravated by the conditions of your em ployment. The employee s last day of last exposure to the conditions causing or aggra vating such bodily injury by disease must occur during the endorsement period. If you are sued the original suit and any re lated legal actions for damages for bodily in jury by accident or disease must be brought in the United States of America its territories or possessions or Canada. 2. We Will Pay We will pay all sums you legally must pay as damages because of bodily injury to your em ployees provided the bodily injury is covered by this insurance. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Paragraph 5. Supplementary Payments of this COVERAGE Section. The damages we will pay where recovery is permitted by law include damages for which you are liable to a third party by reason of a claim or suit against you by that third party to recover the damages claimed against such third party as a result of injury to your employee for care and loss of services and for consequential bodily injury to a spouse child parent brother or sister of the injured employee GNO01131103 Copyright The Travelers Indemnity Company 2003 Page 1 of 4 | 2 |
COMMERCIAL GENERAL LIABILITY f. Any damages for bodily injury with respect to which the insured is deprived of any de fense or defenses g. Bodily injury occurring outside the United States of America its territories or posses sions and Canada. This exclusion does not apply to bodily injury to a citizen or resident of the United States of America or Canada who is temporarily outside these countries h. Damages arising out of coercion criticism demotion evaluation reassignment disci pline defamation harassment humiliation discrimination against or termination of any employee or any personnel practices poli cies acts or omissions i. Bodily injury to any person in work subject to the Longshore and Harbor Workers Com pensation Act 33 USC Sections 901 950 the Nonappropriated Fund Instrumentalities Act 5 USC Sections 8171 8173 the Outer Continental Shelf Lands Act 43 USC Sec tions 1331 1356 the Defense Base Act 42 USC Sections 1651 1654 the Federal Coal Mine Health and Safety Act of 1969 30 USC Sections 901 942 any other federal workers or workmen s compensation law or other fed eral occupational disease law or any amendments to these laws j. Bodily injury to any person in work subject to the Federal Employers Liability Act 45 USC Sections 51 60 any other federal laws obligating an employer to pay damages to an employee due to bodily injury arising out of or in the course of employment or any amendments to those laws k. Bodily injury to a master or member of the crew of any vessel I. Fines or penalties imposed for violation of federal or state law m. Damages payable under the Migrant and Seasonal Agricultural Worker Protection Act 29 USC Sections 1801 1872 and under any other federal law awarding damages for viola tion of those laws or regulations issued there under and any amendments to those laws. Supplementary Payments We will pay with respect to any claim we investi gate or settle or any suit against an insured we defend provided that these damages are the direct con sequence of bodily injury that arises out of and in the course of the injured employee s employ ment by you and d. because of bodily injury to your employee that arises out of and in the course of em ployment claimed against you in a capacity other than as an employer. We Will Defend We have the right and duty to defend you at our expense against any claim proceeding or suit seeking damages payable by this insurance. We have the right to investigate any bodily injury and settle these claims proceedings and suits. The amount we will pay for damages is limited as described in LIMITS OF INSURANCE Section. We have no duty to defend you against a claim proceeding or suit that is not covered by this in surance. We have no duty to defend or continue defending you after we have paid our applicable limit of liability under this insurance. Exclusions This insurance does not apply to a. Liability assumed under a contract or agree ment. This exclusion does not apply to a war ranty that your work will be done in a work manlike manner b. Punitive or exemplary damages because of bodily injury to an employee employed in violation of law C. Bodily injury to an employee while em ployed in violation of law with your actual knowledge or the actual knowledge of any of your partners if you are a partnership your executive officers if you are an organization other than a partnership joint venture or lim ited liability company your members or managers if you are a joint venture or limited liability company or your trustees if you are a trust d. Any obligation imposed by a Workers Com pensation occupational disease unemploy ment compensation or disability benefits law or any similar law e. Bodily injury intentionally caused or aggra vated by you GN 01131103 Page 2 of 4 Copyright The Travelers Indemnity Company 2003 | 2 |
COMMERCIAL GENERAL LIABILITY a. Reasonable expenses incurred at our re quest but not loss of earnings b. Premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance c. Litigation costs taxed against you d. Interest on a judgment as required by law un til we offer the amount due under this insur ance and e. Expenses we incur. These payments will not reduce the Limits of Insurance. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations of the Coverage Part to which this endorsement is at tached as a. An individual you and your spouse are insur eds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an in sured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. C. A limited liability company you are an in sured. Your members are also insureds but only with respect to the conduct of your busi ness. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership or joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named In sured if there is no other similar insurance avail able to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the endorse ment period whichever is earlier b. Coverage does not apply to bodily injury that occurred before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past part nership joint venture or limited liability company that is not shown as a Named Insured in the Dec larations of the Coverage Part to which this en dorsement is attached. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Schedule above and the following rules fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The Bodily Injury by Accident Each Accident limit is the most we will pay for all damages be cause of bodily injury to one or more employ ees in any one accident. A disease is not bodily injury by accident unless it results directly from bodily injury by accident. 3. The Bodily Injury by Disease Aggregate limit is the most we will pay for all damages because of bodily injury by disease regardless of the num ber of employees who sustain bodily injury by disease 4. The Bodily Injury by Disease Each Employee limit is the most we will pay for all damages be cause of bodily injury by disease to any one employee subject to 3. above. Under parts 3. and 4. above bodily injury by dis ease does not include disease that results directly from bodily injury by accident. The limits of this insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the begin ning of the endorsement period unless the endorse ment period is extended after issuance for an addi tional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV DEFINITIONS 1. Bodily Injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. GNO01131103 Copyright The Travelers Indemnity Company 2003 Page 3 of 4 | 2 |
COMMERCIAL GENERAL LIABILITY Employee includes a leased worker. Em ployee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter con stitution by laws or any other similar governing document. Leased worker means a person leased to you by a labor leasing firm under an agreement be tween you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Suit means a civil proceeding in which damages because of bodily injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such dam ages are claimed and to which you must submit or do submit with our consent or b. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which you submit with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Workers Compensation Laws means the work ers or workmen s compensation law and occupa tional disease law of each state or territory. It in cludes any amendments to that law which are in effect during the endorsement period. It does not include the provisions of any law that provides non occupational disability benefits. GN 01131103 Page 4 of 4 Copyright The Travelers Indemnity Company 2003 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE INTERNATIONAL LIMITED FORM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. GN 01650219 The following replaces the definition of coverage territory in the DEFINITIONS Section Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or C. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits brought anywhere in the world or in a settlement we agree to under this policy. The following is added to Paragraph 1. Insuring Agreement of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY In the event of a foreign Coverage A loss incurred by a foreign insured organization or by any other insured for whom such foreign insured organization is liable we will reimburse the first Named Insured or any other Named Insured that is not a foreign insured organization for such foreign Coverage A loss because of its financial 2017 The Travelers Indemnity Company. All rights reserved. interest in that foreign insured organization. For purposes of this insurance amounts we reimburse under 1 Paragraph a. of the definition of foreign Coverage A loss will be deemed to be sums that such Named Insured becomes legally obligated to pay as damages under Coverage A and Paragraph b. of the definition of foreign Coverage A loss will be deemed to be payments we make under Supplementary Payments. The following is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Acts Of Terrorism Committed Outside The United States Bodily injury or property damage arising out of any act of terrorism that is committed outside the United States of America including its territories and possessions and Puerto Rico. The following is added to Paragraph 1. Insuring Agreement of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY In the event of a foreign Coverage B loss incurred by a foreign insured organization or by any other insured for whom such foreign insured organization is liable we will reimburse the first Named Insured or any other Named Insured that is not a foreign insured organization for such foreign Coverage B loss because of its financial interest in that foreign insured organization. For purposes of this insurance amounts we reimburse under 1 Paragraph a. of the definition of foreign Coverage B loss will be deemed to be sums that such Named Insured becomes legally obligated to pay as damages under Coverage B and Page 10of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. replaces the definition of coverage 1e DEFINITIONS Section rritory means ted States of America including its s and possessions Puerto Rico and onal waters or airspace but only if y or damage occurs in the course of transportation between any places Page 10of 3 | 2 |
COMMERCIAL GENERAL LIABILITY 2 Paragraph b. of the definition of foreign Coverage B loss will be deemed to be payments we make under Supplementary Payments. 5. The following is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Acts Of Terrorism Committed Outside The United States Personal and advertising injury arising out of any act of terrorism that is committed outside the United States of America including its territories and possessions and Puerto Rico. 6. The following is added to Paragraph 1. Insuring Agreement of SECTION COVERAGES COVERAGE C MEDICAL PAYMENTS In the event of foreign Coverage C expenses incurred by a foreign insured organization we will reimburse the first Named Insured or any other Named Insured that is not a foreign insured organization for such foreign Coverage C expenses because of its financial interest in that foreign insured organization. For purposes of this insurance amounts we reimburse as foreign Coverage C expenses will be deemed to be medical expenses we pay under Coverage C. 7. The following replaces the first sentence of Paragraph 4.a. Primary Insurance of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS This insurance is primary except when Paragraph b. or the Difference In Limits Local Admitted Insurance condition below applies. 8. The following is added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Difference In Limits Local Admitted Insurance For a loss we cover under Coverages A or B of this Coverage Part this insurance is excess over and applies on a difference in limits basis with any other insurance whether primary excess contingent or on any other basis that 1 Is issued to any Named Insured in a country or jurisdiction outside the United States including its territories and possessions and Puerto Rico 2 Is written to apply to bodily injury or property damage caused by an occurrence that takes place or to personal and advertising injury caused by an offense Page 20of 3 committed in that o jurisdiction and 3 Provides coverage in who same bodily injury prc personal and advertising this insurance. When this insurance is exces on a difference in limits basi insurance we will pay the diffe 1 The amount we would he insurance if no other insur to the insured and 2 The amount the insured i such other insurance for injury property damage advertising injury regar such insurance is collectibl Duties In The Event Of A Foreign Coverage A Lc Coverage B Loss In the event of a claim or Coverage A loss or foreign made or brought against organization or any other inst foreign insured organization Named Insured must a. Arrange to investigate anc or suit b. Notify us in writing in proposed settlement of st and c. Comply with all other insurance as if such cle made or brought against not a foreign insured orga Currency Payments for damages reasc defend an insured medit Supplementary Payments will of the United States of Americ may make these payments in Any necessary currency Cci payment of damages will be the rate of exchange publishe Street Journal subsequent judgment or settlement. Any 1 conversion for the payme expenses to defend an expenses or Supplementary calculated based on the 1 published in the Wall Street J preceding the date the paymer 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. committed in that other country or jurisdiction and 3 Provides coverage in whole or in part for the same bodily injury property damage or personal and advertising injury covered by this insurance. When this insurance is excess over and applies on a difference in limits basis with such other insurance we will pay the difference between 1 The amount we would have paid under this insurance if no other insurance were available to the insured and 2 The amount the insured is entitled to under such other insurance for the same bodily injury property damage or personal and advertising injury regardless of whether such insurance is collectible. Duties In The Event Of A Claim Or Suit For Foreign Coverage A Loss Or Foreign Coverage B Loss In the event of a claim or suit for foreign Coverage A loss or foreign Coverage B loss made or brought against a foreign insured organization or any other insured for whom such foreign insured organization is liable the first Named Insured must a. Arrange to investigate and defend such claim or suit b. Notify us in writing in advance of any proposed settlement of such claim or suit and c. Comply with all other conditions of this insurance as if such claim or suit were made or brought against any insured that is not a foreign insured organization. Currency Payments for damages reasonable expenses to defend an insured medical expenses or Supplementary Payments will be in the currency of the United States of America. At our option we may make these payments in a different currency. Any necessary currency conversion for the payment of damages will be calculated based on the rate of exchange published in the next Wall Street Journal subsequent to the date of judgment or settlement. Any necessary currency conversion for the payment of reasonable expenses to defend an insured medical expenses or Supplementary Payments will be calculated based on the rate of exchange published in the Wall Street Journal immediately preceding the date the payment is processed. ompany. All rights reserved. GN 01 650219 envices Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY Compulsory Insurance This insurance is not a substitute for required or compulsory insurance in any country or jurisdiction. You agree to maintain all required or compulsory insurance in any country or jurisdiction up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy but we will only be liable to the same extent we would have been liable had you complied with the compulsory insurance requirements. The following is added to the DEFINITIONS Section Act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion. Financial interest means the insurable interest in aforeign insured organization because of a. Sole ownership of or an ownership interest of more than 50 in such foreign insured organization either directly or through one or more intervening subsidiaries b. Indemnification of or an obligation to indemnify 1 Such foreign insured organization or 2 Any other insured for whom such foreign insured organization is liable for the foreign Coverage A loss foreign Coverage B loss or foreign Coverage C expenses or. An obligation to obtain insurance for such foreign insured organization. Foreign Coverage A loss means a. Sums that an insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance would have applied or b. Payments described in Supplementary Payments with respect to 1 Any claim against an insured for bodily injury or property damage that we would have investigated or settled or 2 Any suit against an insured or your indemnitee for bodily injury or property damage that we would have defended including amounts to defend such insured or indemnitee against such suit but for the fact that such insured or indemnitee is located in any country or jurisdiction in which we are not licensed to provide this insurance and where providing this insurance would violate the laws or regulations of such country or jurisdiction. Foreign Coverage B loss means a. Sums that an insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance would have applied or b. Payments described in Supplementary Payments with respect to 1 Any claim against an insured for personal and advertising injury that we would have investigated or settled 2 Any suit against an insured or your indemnitee for personal injury that we would have defended including amounts to defend such insured or indemnitee against such suit or 3 Any suit against an insured for advertising injury that we would have defended including amounts to defend such insured against such suit but for the fact that such insured or indemnitee is located in any country or jurisdiction in which we are not licensed to provide this insurance and where providing this insurance would violate the laws or regulations of such country or jurisdiction. Foreign Coverage C expenses means medical expenses incurred or paid by a foreign insured organization to which the insurance provided under Coverage C would have applied but for the fact that such foreign insured organization is located in a country or jurisdiction in which we are not licensed to provide this insurance and where providing this insurance would violate the laws or regulations of such country or jurisdiction. Foreign insured organization means any organization that a. Is an insured under Section Il Who Is An Insured and b. Is located in a country or jurisdiction in which we are not licensed to provide this insurance and where providing this insurance would violate the laws or regulations of such country or jurisdiction. GN 01650219 Page 30of 3 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED VENDORS BROAD FORM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. SCHEDULE Name of Person or Organization Vendor Any vendor with whom you have agreed in a written contract executed prior to loss to name as an additional insured but only for the limits agreed to in such contract or the limits of insurance of this policy whichever is less. Your products Any of your products If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. B. PROVISIONS c. Any physical or chemical change in the WHO IS AN INSURED Section Il is amended to include as an insured any person or organization product made intentionally by the ven dor referred to below as vendor shown in the d. Repackaging unless unpacked solely for Schedule but only with respect to bodily injury the purpose of inspection demonstra or property damage arising out of your tion testing or the substitution of products shown in the Schedule which are parts under instructions from the distributed or sold in the regular course of the manufacturer and then repackaged in vendor s business subject to the following the original container additional provisions e. Demonstration installation servicing or 1. The insurance afforded the vendor does not repair operations except such opera apply to tions performed at the vendor s premises. in connection with the sale of the a. Bodily injury or property damage for product which the vendor is obligated to pay damages by reason of the assumption of f. Products which after distribution or sale liability in a contract or agreement. This by you have been labeled or relabeled exclusion does not apply to liability for or used as a container part or ingredient damages that the vendor would have in of any other thing or substance by or for the absence of the contract or agreement the vendor b. Any express warranty or any distribution 9 The sole negligence of the vendor. or sale for a purpose unauthorized by you This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompany ing or containing such products. Page 1 of 1 CG D126 1095 Copyright The Travelers Indemnity Company. Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 1984 | 2 |
COMMERCIAL GENERAL LIABILITY POLICY NUMBER TC2J GLSA415J5114 TIL19 ISSUE DATE 08 22 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INCIDENTAL MEDICAL MALPRACTICE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE OF EMPLOYEE HEALTH CARE PROFESSIONALS Employed nurses while acting within the scope of their duties at Kansas City Southern PROVISIONS 1. CGD1270419 The following replaces Paragraph b. of the definition of occurrence in the DEFINITIONS Section b. An act or omission committed in providing or failing to provide incidental medical services first aid or Good Samaritan services to a person unless you are in the business or occupation of providing professional health care services. The following is added to Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED Unless you are in the business or occupation of providing professional health care services Paragraphs 1a b c and d above do not apply to bodily injury arising out of providing or failing to provide incidental medical services by any of your employees other than an employed doctor designated in the Schedule Of Employee Health Care Professionals but only while acting within the scope of their employment by you. The following is added to Paragraph 5. of SECTION Iil LIMITS OF INSURANCE For the purposes of determining the applicable Each Occurrence Limit all related acts or 2018 The Travelers Indemnity Company. All rights reserved. omissions committed in providing or failing to provide incidental medical services to any one person will be deemed to be one occurrence. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Sale Of Pharmaceuticals Bodily injury or property damage arising out of the violation of any penal statute or ordinance relating to the sale of pharmaceuticals committed by or with the knowledge or consent of the insured. The following is added to the DEFINITIONS Section Incidental medical services means a. Medical surgical dental laboratory X ray or nursing service or treatment advice or instruction or the related furnishing of food or beverages or b. The furnishing or dispensing of drugs or medical dental or surgical supplies or appliances. Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 | 2 |
COMMERCIAL GENERAL LIABILITY 6. The following is added to Paragraph 4.b. Excess Insurance of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS This insurance is excess over any other insurance whether primary excess contingent or on any other basis that is available to any of your employees for bodily injury that arises out of providing or failing to provide incidental medical services to any person to the extent not subject to Paragraph 2.a.1 of Section Il Who Is An Insured. CGD1270419 Page 2 of 2 2018 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED PERSONS OR ORGANIZATIONS FOR BODILY INJURY OR PROPERTY DAMAGE AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION Il WHO IS AN INSURED Any person or organization that is not otherwise an insured under this Coverage Part and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured but only a. With respect to liability for bodily injury or property damage that occurs subsequent to the signing of that contract or agreement and b. If the bodily injury or property damage is caused in whole or in part by your acts or omissions in the performance of your work to which that contract or agreement applies or the acts or omissions of any person or organization performing operations on your behalf. The insurance provided to such additional insured is subject to the following provisions a. The limits of insurance provided to such additional insured will be the minimum limits that you agreed to provide in the written contract or agreement or the limits shown in the Declarations whichever are less. b. This insurance does not apply to any person or organization for whom you have purchased an Owners and Contractors Protective policy.. The insurance provided to such additional insured does not apply to 1 Any bodily injury or property damage arising out of the providing or failure to provide any professional architectural engineering or surveying services including a The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders or change orders or the preparing approving or failing to prepare or approve drawings and specifications and b Supervisory inspection architectural or engineering activities. 2 Any bodily injury or property damage caused by your work and included in the products completed operations hazard unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. If the written contract or agreement does not require that the insurance provided under this Coverage Part apply on a primary basis or a primary and non contributory basis then this insurance is excess over any valid and collectible other insurance whether primary excess contingent or on any other basis that is available to the additional insured for a loss we cover. CGD1440219 Page 1 of 1 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material from Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY POLICY NUMBER TC2J GLSA415J5114 TIL19 ISSUE DATE 08 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR DESIGNATED EMPLOYEES AND VOLUNTEER WORKERS FOR BODILY INJURY TO CO EMPLOYEES OR OTHER VOLUNTEER WORKERS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE OF EMPLOYEES AND VOLUNTEER WORKERS All Employees PROVISIONS The following is added to Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED Paragraphs 1a b and above do not apply to any employee or volunteer worker shown in the Schedule Of Employees And Volunteer Workers but only with respect to bodily injury to a coemployee while in the course of the coemployee s employment by you or performing duties related to the conduct of your business or to bodily injury to your other volunteer workers while performing duties related to the conduct of your business. CGD1540219 Page 1 of 1 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT NON CUMULATION OF EACH OCCURRENCE LIMIT OF LIABILITY and NON CUMULATION OF PERSONAL and ADVERTISING INJURY LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Paragraph 5 of SECTION Il LIMITS OF INSUR ANCE is amended to include the following Non cumulation of Each Occurrence Limit If one occurrence causes bodily injury andor prop erty damage during the policy period and during the policy period of one or more prior andor future policies that include a commercial general liability coverage part for the insured issued by us or any affiliated insurance company the amount we will pay is limited. This policy s Each Occurrence Limit will be reduced by the amount of each payment made by us and any affiliated insurance company under the other policies because of such occur rence. 2. Paragraph 4 of SECTION Il LIMITS OF INSUR ANCE is amended to include the following Non cumulation of Personal and Advertising Limit If personal injury andor advertising injury is sustained by any one person or organization dur ing the policy period and during the policy period of one or more prior andor future policies that include a commercial general liability coverage part for the insured issued by us or any affiliated insurance company the amount we will pay is limited. This policy s Personal Injury and Advertis ing Injury Limit will be reduced by the amount of each payment made by us and any affiliated in surance company under the other policies be cause of such personal injury andor advertising injury. CG D203 1297 Copyright Travelers Indemnity Company 1997 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CONTRACTUAL LIABILITY EXCLUSION EXCEPTION FOR DAMAGES ASSUMED IN AN INSURED CONTRACT APPLIES ONLY TO NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following replaces Paragraph 2 of Exclusion b. Contractual Liability in Paragraph 2. of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2 Assumed by you in a contract or agreement that is an insured contract provided that the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed by you in an insured contract rea sonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of bodily injury or property dam age provided that a Liability to such party for or for the cost of that party s defense has also been as sumed by you in the same insured con tract and b Such attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute reso lution proceeding in which damages to which this insurance applies are alleged. 2. The following replaces the beginning of Para graph 2. and Paragraphs 2.a. b.. d. and e. of SUPPLEMENTARY PAYMENTS COVER AGES A AND B of SECTION I COVERAGES 2. If we defend you against a suit and your in demnitee is also named as a party to the suit we will have the right and duty to de fend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which you have assumed the liability of the indemnitee in a contract or agreement that is an insured con tract b. This insurance applies to such liability as sumed by you c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by you in the same in sured contract d. The allegations in the suit and the in formation we know about the occur rence or offense are such that we de termine that no conflict exists between your interests and the interests of the in demnitee. You and the indemnitee ask us to con duct and control the defense of that in demnitee against such suit and agree that we can assign the same counsel to defend you and the indemnitee and The following replaces the last sentence of Paragraph 2. of SUPPLEMENTARY PAY MENTS COVERAGES A AND B of SEC TION COVERAGES Our obligation to defend your indemnitee and to pay for attorneys fees and necessary litiga tion expenses as Supplementary Payments ends when a. We have used up the applicable limit of insurance in the payment of judgments settlements or medical expenses or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. CG D4 21 07 08 Page 1 of 1 2008 The Travelers Companies Inc. Includes the copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION VIOLATION OF CONSUMER FINANCIAL PROTECTION LAWS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Violation Of Consumer Financial Protection Laws Bodily injury or property damage arising out of any actual or alleged violation of a consumer financial protection law or any other bodily in jury or property damage alleged in any claim or suit that also alleges any such violation. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY Violation Of Consumer Financial Protection Laws Personal injury or advertising injury arising out of any actual or alleged violation of a con sumer financial protection law or any other personal injury or advertising injury alleged in any claim or suit that also alleges any such violation. The following is added to the DEFINITIONS Section Consumer financial identity information means any of the following information for a person that is used or collected for the purpose of serving as a factor in establishing such person s eligibil ity for personal credit insurance or employment or for the purpose of conducting a business transaction a. Part or all of the account number the expi ration date or the balance of any credit debit bank or other financial account. b. Information bearing on a person s credit worthiness credit standing or credit capac ity.. Social security number. d. Drivers license number. e. Birth date. Consumer financial protection law means a. The Fair Credit Reporting Act FCRA and any of its amendments including the Fair and Accurate Credit Transactions Act FACTA b. California s Song Beverly Credit Card Act and any of its amendments or. Any other law or regulation that restricts or prohibits the collection dissemination transmission distribution or use of con sumer financial identity information. CG D618 10 11 Page 1 of 1 2011 The Travelers Indemnity Company. Al rights reserved. | 2 |
COMMERCIAL GENERAL LIABILITY POLICY NUMBER TC2J GLSA415J5114 TIL19 ISSUE DATE 08 22 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIQUOR LIABILITY EXCLUSION EXCEPTION FOR SCHEDULED PREMISES OR ACTIVITIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE OF PREMISES OR ACTIVITIES Description of Premises or Activities All activities which do not generate revenue to any insureds authorized by the Named Insured for which no charge is made and no license is required for the serving or furnishing of alcoholic beverages. Only those premises located where the Named Insured permits any alcoholic beverages to be brought for consumption there for which no charge is made and no license is required for the bringing and consuming of alcoholic beverages. PROVISIONS The following replaces Exclusion c. Liquor Liability in Paragraph 2. of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 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 including causing or contributing to the intoxication of any person because al coholic beverages were permitted to be brought on your premises for consumption on your premises The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. 3 This exclusion applies only if you 1 Manufacture sell or distribute alcoholic bev erages CG D699 08 13 2013 The Travelers Indemnit Includes copyrighted material of Insurance 2 Serve or furnish alcoholic beverages for a charge whether or not such activity a Requires a license b Is for the purpose of financial gain or live lihood 3 Serve or furnish alcoholic beverages without a charge if a license is required for such ac tivity or 4 Permit any person to bring any alcoholic bev erages on your premises for consumption on your premises. This exclusion does not apply to bodily injury or property damage arising out of i The selling serving or furnishing of alcoholic beverages at any specified activities de scribed in the Schedule Of Premises Or Ac tivities or ii Permitting any person to bring any alcoholic beverages on any premises described in the Schedule Of Premises Or Activities for con sumption on any premises described in the Schedule Of Premises Or Activities. Page 1 of 1 2013 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INTERCOMPANY PRODUCTS SUITS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This insurance does not apply to any claim for damages by any Named Insured against another Named Insured because of bodily injury or property damage arising out of your products and included within the products completed operations hazard. CG 21411185 Copyright Insurance Services Office Inc. 1984 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DISCRIMINATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Discrimination Bodily injury arising out of discrimination based upon a person s sex sexual orientation marital status pregnancy race color creed religion national origin citizenship veteran status age genetic information or physical or mental disability or any other characteristic attribute trait condition or status that qualifies a person for protection against discrimination under federal state or local law. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Discrimination Personal injury arising out of discrimination based upon a person s sex sexual orientation marital status pregnancy race color creed religion national origin citizenship veteran status age genetic information or physical or mental disability or any other characteristic attribute trait condition or status that qualifies a person for protection against discrimination under federal state or local law. CGD1420219 Page 1 of 1 2017 The Travelers Indemnity Company. Al rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY POLICY NUMBER TC2J GLSA415J5114 TIL19 ISSUE DATE 08 22 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ALL HAZARDS IN CONNECTION WITH A DESIGNATED EXPOSURE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE DESCRIPTION Railroad Operations This insurance does not apply to bodily injury arising out of 1. Any exposure shown in the above schedule or 2. Any supervision instructions recommendations or advice given or which should have been given in connection therewith. property damage personal injury or advertising injury CGT4811188 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES DEFINITION OF POLLUTANTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART PROVISIONS The definition of pollutants in the DEFINITIONS Section of this Coverage Part or in any endorsement to this Coverage Part is replaced by the following Pollutants means any solid liquid gaseous or ther mal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Pol lutants includes Petroleum or petroleum derivatives gasoline fu els lubricants and their respective additives and individual chemical components including ben zene and toluene Chlorinated and halogenated solvents including tetrachloroethylene PCE or PERC trichloro ethylene TCE trichloroethane TCA and vinyl chloride and their degradation products Coal tar manufactured gas plant MGP byprod ucts and polynuclear aromatic hydrocarbons PAHSs phenols and polychlorinated biphenyls PCBs and Organic and inorganic pesticides and inorganic contaminants including arsenic barium beryl lium lead cadmium chromium and mercury. This definition of pollutants applies regardless of whether 4. The irritant or contaminant type or source of the irrit volved in the claim or su fied or described in this de from manufacturing operat The irritant or contaminan tion in any of the insured premises sites or locations i PERC for a dry cleanin ii TCE or any of the o examples of pollutant greasing operations The irritant or contamina source of potential liability gasoline or any of the o examples of pollutants ir line station or The insured expects or c contaminant to be a pollute Waste includes materials to tioned or reclaimed. 4. The irritant or contaminant or the particular form type or source of the irritant or contaminant in volved in the claim or suit is specifically identi fied or described in this definition such as waste from manufacturing operations The irritant or contaminant has or had any func tion in any of the insured s business operations premises sites or locations such as i PERC for a dry cleaning business or ii TCE or any of the other items included as examples of pollutants in b. above for de greasing operations The irritant or contaminant represents a major source of potential liability for the insured such as gasoline or any of the other items included as examples of pollutants in a. above for a gaso line station or The insured expects or considers the irritant or contaminant to be a pollutant. Waste includes materials to be recycled recondi tioned or reclaimed. CG F250 09 08 2008 The Travelers Companies Inc. Includes the copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF DUTIES IN EVENT OF AN OCCURRENCE OFFENSE CLAIM OR SUIT CONDITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The last paragraph of Paragraph 2.e. Duties In The Event Of Occurrence Offense Claim Or Suit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted. CGF9340219 Page 1 of 1 2017 The Travelers Indemnity Company. Al rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY POLICY NUMBER TC2J GLSA415J5114 TIL19 ISSUE DATE 08 22 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYERS OVERHEAD LIABILITY OHIO This modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1 IRMETC ALE INCLIDANAE LIMITS OF INSURANCE BODILY INJURY BY ACCIDENT BODILY INJURY BY DISEASE BODILY INJURY BY DISEASE EACH ACCIDENT AGGREGATE EACH EMPLOYEE BODILY INJURY BY ACCIDENT 1000000 BODILY INJURY BY DISEASE 1000000 BODILY INJURY BY DISEASE 1000000 of the terms of the Coverage Part to which this endorsement is attached apply to the insurance provided by this endorsement except for the COM MON POLICY CONDITIONS and Section IV COM MERCIAL GENERAL LIABILITY CONDITIONS. SECTION COVERAGE 1. Insuring Agreement This insurance applies to bodily injury by acci dent or bodily injury by disease to your em ployees. Bodily injury includes resulting death. a. The bodily injury must arise out of and in the course of the injured employee s employ ment by you. b. The employment must be necessary or inci dental to your work in the state of Ohio.. You must maintain for the employee full Workers Compensation Insurance coverage in the Ohio Workers Compensation State Fund during the term of this insurance or shall be a qualified self insurer approved by the Ohio Administrator of Workers Compensation and in good standing. d. Bodily injury by accident must occur during the endorsement period. e. Bodily injury by disease must be caused or aggravated by the conditions of your em ployment. The employee s last day of last exposure to the conditions causing or aggra vating such bodily injury by disease must occur during the endorsement period. f. If you are sued the original suit and any re lated legal actions for damages for bodily in jury by accident or disease must be brought in the United States of America its territories or possessions or Canada. 2. We Will Pay We will pay all sums you legally must pay as damages because of bodily injury to your em ployees provided the bodily injury is covered by this insurance. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Paragraph 5. Supplementary Payments of this COVERAGE Section. The damages we will pay where recovery is permitted by law include damages a. for which you are liable to a third party by reason of a claim or suit against you by that third party to recover the damages claimed against such third party as a resuilt of injury to your employee for care and loss of services and for consequential bodily injury to a spouse child parent brother or sister of the injured employee provided that these damages are the direct con sequence of bodily injury that arises out of and in the course of the injured employee s employ ment by you and d. because of bodily injury to your employee that arises out of and in the course of em ployment claimed against you in a capacity other than as an employer. 3. We Will Defend We have the right and duty to defend you at our expense against any claim proceeding or suit GNO1111103 Copyright The Travelers Indemnity Company 2003 Page 1 of 4 | 2 |
COMMERCIAL GENERAL LIABILITY seeking damages payable by this insurance. We have the right to investigate any bodily injury and settle these claims proceedings and suits. The amount we will pay for damages is limited as described in LIMITS OF INSURANCE Section. We have no duty to defend you against a claim proceeding or suit that is not covered by this in surance. We have no duty to defend or continue defending you after we have paid our applicable limit of liability under this insurance. Exclusions This insurance does not apply to a. Liability assumed under a contract or agree ment. This exclusion does not apply to a war ranty that your work will be done in a work manlike manner b. Punitive or exemplary damages because of bodily injury to an employee employed in violation of law. Bodily injury to an employee while em ployed in violation of law with your actual knowledge or the actual knowledge of any of your partners if you are a partnership your executive officers if you are an organization other than a partnership joint venture or lim ited liability company your members or managers if you are a joint venture or limited liability company or your trustees if you are a trust d. Any obligation imposed by a Workers Com pensation occupational disease unemploy ment compensation or disability benefits law or any similar law e. Bodily injury directly intended by the in sured f. Any damages for bodily injury with respect to which the insured is deprived of any de fense or defenses g Bodily injury occurring outside the United States of America its territories or posses sions and Canada. This exclusion does not apply to bodily injury to a citizen or resident of the United States of America or Canada who is temporarily outside these countries h. Damages arising out of coercion criticism demotion evaluation reassignment disci pline defamation harassment humiliation discrimination against or termination of any employee or any personnel practices poli cies acts or omissions Bodily injury to any person in work subject to the Longshore and Harbor Workers Com pensation Act 33 USC Sections 901 950 the Nonappropriated Fund Instrumentalities Act 5 USC Sections 8171 8173 the Outer Continental Shelf Lands Act 43 USC Sec tions 1331 1356 the Defense Base Act 42 USC Sections 1651 1654 the Federal Coal Mine Health and Safety Act of 1969 30 USC Sections 901 942 any other federal workers or workmen s compensation law or other fed eral occupational disease law or any amendments to these laws Bodily injury to any person in work subject to the Federal Employers Liability Act 45 USC Sections 51 60 any other federal laws obligating an employer to pay damages to an employee due to bodily injury arising out of or in the course of employment or any amendments to those laws Bodily injury to a master or member of the crew of any vessel Fines or penalties imposed for violation of federal or state law. Damages payable under the Migrant and Seasonal Agricultural Worker Protection Act 29 USC Sections 1801 1872 and under any other federal law awarding damages for viola tion of those laws or regulations issued there under and any amendments to those laws. Supplementary Payments We will pay with respect to any claim we investi gate or settle or any suit against an insured we defend a. Reasonable expenses incurred at our re quest but not loss of earnings b. Premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance c. Litigation costs taxed against you d. Intereston a judgment as required by law un til we offer the amount due under this insur ance and e. Expenses we incur. These payments will not reduce the Limits of Insurance. GN 01111103 Page 2 of 4 Copyright The Travelers Indemnity Company 2003 | 2 |
COMMERCIAL GENERAL LIABILITY SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations of the Coverage Part to which this endorsement is at tached as a. An individual you and your spouse are insur eds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an in sured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. C. A limited liability company you are an in sured. Your members are also insureds but only with respect to the conduct of your busi ness. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership or joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named In sured if there is no other similar insurance avail able to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the endorse ment period whichever is earlier b. Coverage does not apply to bodily injury that occurred before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past part nership joint venture or limited liability company that is not shown as a Named Insured in the Dec larations of the Coverage Part to which this en dorsement is attached. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Schedule above and the following rules fix the most we will pay regardless of the number of a. Insureds Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The Bodily Injury by Accident Each Accident limit is the most we will pay for all damages be cause of bodily injury to one or more employ ees in any one accident. A disease is not bodily injury by accident unless it results directly from bodily injury by accident. 3. The Bodily Injury by Disease Aggregate limit is the most we will pay for all damages because of bodily injury by disease regardless of the num ber of employees who sustain bodily injury by disease 4. The Bodily Injury by Disease Each Employee limit is the most we will pay for all damages be cause of bodily injury by disease to any one employee subject to 3. above. Under parts 3. and 4. above bodily injury by dis ease does not include disease that results directly from bodily injury by accident. The limits of this insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the begin ning of the endorsement period unless the endorse ment period is extended after issuance for an addi tional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV DEFINITIONS 1. Bodily Injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. 2. Employee includes a leased worker. Em ployee does not include a temporary worker. 3. Executive officer means a person holding any of the officer positions created by your charter con stitution by laws or any other similar governing document. 4. Leased worker means a person leased to you by a labor leasing firm under an agreement be tween you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. GNO1111103 Copyright The Travelers Indemnity Company 2003 Page 3 of 4 | 2 |
COMMERCIAL GENERAL LIABILITY Suit means a civil proceeding in which damages because of bodily injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such dam ages are claimed and to which you must submit or do submit with our consent or b. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which you submit with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Workers Compensation Laws means the work ers or workmen s compensation law and occupa tional disease law of each state or territory. It in cludes any amendments to that law which are in effect during the endorsement period. It does not include the provisions of any law that provides non occupational disability benefits. GN 01111103 Page 4 of 4 Copyright The Travelers Indemnity Company 2003 | 2 |
EMPLOYEE BENEFITS LIABILITY | 2 |
EMPLOYEE BENEFITS LIABILITY | 2 |
P N TRAVELERS EMPLOYEE BENEFITS LIABILITY POLICY NO. TC2J GLSA415J5114 TIL19 COVERAGE PART DECLARATIONS ISSUE DATE 08 22 19 INSURING COMPANY TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA One Tower Square Hartford Connecticut 06183 DECLARATIONS PERIOD From 08 01 19 to 08 01 20 1201 A.M. Standard Time at your mailing address shown in the Common Policy Declarations. The Employee Benefits Liability Coverage Part consists of these Declarations and the Coverage Form shown below. 1. COVERAGE AND LIMITS OF INSURANCE Employee Benefits Liability Coverage Form Limits of Insurance 1000000 Aggregate Limit 1000000 Each Employee Limit Limits of Insurance 1000000 1000000. AUDIT PERIOD ANNUAL FORM OF BUSINESS CORPORATION RETROACTIVE DATE This insurance does not apply to negligent acts errors or omissions which occurred before the Retroactive Date if any shown below. Retroactive Date 08 01 1995 EMPLOYEE BENEFIT PROGRAMS OTHER THAN THOSE LISTED IN SECTION VII DEFINITIONS See Endorsement CG D3 55 09 05 DEDUCTIBLE EACH EMPLOYEE PREMIUM COMPUTATION Rate Estimated No. Per Estimated Minimum of Employees Employee Premium Premium Rate Per Employee Rate Estimated No. Per Estimated Minimum of Employees Employee Premium Premium Incl NUMBERS OF FORMS SCHEDULES AND ENDORSEMENTS FORMING PART OF THIS COVERAGE PART ARE ATTACHED AS A SEPARATE LISTING. CG T0 09 03 95 PRODUCER LOCKTON COMPANIES LLC Page 1 of 1 OFFICE KANSAS CITY 095 NA287 | 2 |
TABLE OF CONTENTS EMPLOYEE BENEFITS LIABILITY COVERAGE FORM Beginning on Page SECTION EMPLOYEE BENEFITS LIABILITY COVERAGE Insuring Agreement... Exclusions. Supplementary Payments SECTION Il WHO IS AN INSURED SECTION IIl LIMITS OF INSURANCE SECTION IV DEDUCTIBLE... SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS... Bankruptcy... Duties in The Event of Act Error or Omission Claim Or Suit Legal Action Against Us Other Insurance Premium Audit... Representations Separation of Insureds Transfer of Rights of Recovery Against Others To Us When We Do Not Renew. Cancellation Non renewal And Renewal Conditions Applicable to Commercial General Liability Coverage Part... SECTION VI EXTENDED REPORTING PERIODS SECTION VII DEFINITIONS CGT0430116 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 EMPLOYEE BENEFITS LIABILITY COVERAGE FORM SECTION EMPLOYEE BENEFITS LIABILITY COVERAGE Insuring Agreement... Exclusions..... Supplementary Payments... SECTION Il WHO IS AN INSURED SECTION IIl LIMITS OF INSURANCE SECTION IV DEDUCTIBLE... SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS... Bankruptcy... Duties in The Event of Act Error or Omission Claim Or Suit Legal Action Against Us Other Insurance Premium Audit... Representations Separation of Insureds Transfer of Rights of Recovery Against Others To Us When We Do Not Renew. Cancellation Non renewal And Renewal Conditions Applicable to Commercial General Liability Coverage Part... SECTION VI EXTENDED REPORTING PERIODS SECTION VII DEFINITIONS | 2 |
COMMERCIAL GENERAL LIABILITY EMPLOYEE BENEFITS LIABILITY COVERAGE FORM THIS INSURANCE PROVIDES CLAIMS MADE COVERAGE. 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 other person or organization qualifying as a Named Insured under this policy. The words we. to the company providing this insurance. and your refer to the Named Insured shown in the Declarations and any us and our refer The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VII Definitions. SECTION EMPLOYEE BENEFITS LIABILITY COVERAGE 1. Insuring Agreement CGT1010116 We will pay those sums that the insured becomes legally obligated to pay as damages because of loss to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for loss to which this insurance does not apply. We may at our discretion investigate any negligent act error or omission and settle any claim or suit that may result But 1 The amount we will pay for damages is limited as described in Section 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 seftlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. This insurance applies to loss only if 1 The loss is caused by a negligent act error or omission committed by the insured or by any other person for whose acts the insured is legally liable in the administration of your employee benefit program 2 The negligent act error or omission is committed in the coverage territory 2016 The Travelers Indemnity Company. All rights reserved. 3 The negligent act error or omission was committed on or after the Retroactive Date if any shown in the Declarations of this Coverage Part and before the end of the policy period and 4 A claim or suit for damages because of the loss is first made or brought against any insured in accordance with Paragraph e. below during the policy period or any Extended Reporting Period we provide under Section VI Extended Reporting Periods. Each negligent act error or omission in a series of related negligent acts errors or omissions will be deemed to have been committed on the date the first such negligent act error or omission in that series is committed. If the Retroactive Date is left blank in the Declarations of this Coverage Part the Retroactive Date will be deemed to be the first day of the policy period. A claim or suit seeking damages will be deemed to have been first made or brought at the earlier of the following times 1 When we or any insured first receives written notice of such claim or suit whichever comes first or 2 When we first receive written notice from any insured of a specific negligent act error or omission that caused the loss which resulted in such claim or suit. All claims or suits that seek damages because of loss sustained by any one employee including the employee s dependents and beneficiaries will be deemed Page 1 of 9 Includes copyrighted material of Insurance Services Office Inc. with its permission. CGT1010116 2016 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY 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. Workers Compensation And Similar Laws Loss 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. ERISA Loss for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as amended or by any similar federal state or local laws. Available Benefits Loss of benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance. Taxes Fines Or Penalties 1 Any taxes fines or penalties including those imposed under any provision of the Internal Revenue Code of 1986 as amended or any similar state or local law or 2 Any loss cost or expense arising out of the imposition of such taxes fines or penalties. Employment Related Practices Loss to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practice or policy such as coercion demotion reassignment discipline failure to promote or advance harassment humiliation discrimination libel slander violation of the person s right of privacy malicious prosecution or false arrest detention or to have been first made or brought at the time the first of those claims or suits is made or brought against any insured. A claim or suit that seeks damages will be deemed to have been first made or brought at the time we receive written notice from any insured of a specific negligent act error or omission only if that notice contains all of the following information 1 How when and where the negligent act error or omission was committed 2 A description of what happened 3 A description of what damages may result 4 The identity of the person or organization that may make a claim or bring a suit and 5 The identity of each insured that committed the negligent act error or omission. Notice to us that any insured may in the future receive written notice of a negligent act error or omission claim or suit is not notice of a specific negligent act error or omission. 2. Exclusions This insurance does not apply to Criminal Dishonest Fraudulent Or Malicious Acts Loss arising out of any criminal dishonest fraudulent or malicious act error or omission committed by any insured including the willful or reckless violation of any law or regulation. Injury Or Damage Bodily injury property damage personal injury or advertising injury. Failure To Perform A Contract Loss arising out of failure of performance of contract by any insurer. Insufficiency Of Funds Loss arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program. Inadequacy Of Performance Of Investment Or Advice Given With Respect To Participation Any claim or suit based upon CGT1010116 Page 2 of 9 2016 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY imprisonment applied to or directed at that person regardless of whether such practice or policy occurs is applied or is committed before during or after the time of that person s employment or 2 The spouse child parent brother or sister of that person as a consequence of loss to that person at whom any of the employment related practices or policies described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the loss. Access Or Disclosure Of Confidential Or Personal Information Loss arising out of any access or disclosure of any person s or organization s confidential or personal information. Supplementary Payments We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b. All expenses we incur. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. All costs taxed against the insured in the suit. Pre judgment interest awarded against the insured on that part of the judgment we pay. If we made an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. 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. SECTION Il WHO IS AN INSURED 1. Ifyou are designated in the Declarations as An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are also insureds but only with respect to their liability as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured Each of your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company who is or was authorized to administer your employee benefit program. Any person or organization having proper temporary authorization to administer your employee benefit program if you die but only until your legal representative is appointed. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership CGT1010116 Page 3 of 9 2016 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY 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 180th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage under this provision does not apply to any negligent act error or omission that was committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership joint venture or limited liability company that otherwise qualifies as an insured under Section Il Who Is An Insured. SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits d. Acts errors or omissions or e. Benefits included in your employee benefit program. The Aggregate Limit is the most we will pay for all damages because of all negligent acts errors or omissions committed in the administration of your employee benefit program. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries because of all negligent acts errors or omissions committed in the administration of your employee benefit program. The Limits of Insurance of this Coverage Part apply separately to each 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 DEDUCTIBLE 1. The Deductible shown in the Declarations and the rules below fix the amount of damages incurred by or on behalf of you or any insured that you will be responsible for paying regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits d. Acts errors or omissions or e. Benefits included in your employee benefit program. If no amount is shown for the Deductible in the Declarations the Deductible does not apply to this Coverage Part. 2. The Deductible applies to all damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries because of all negligent acts errors or omissions committed in the administration of your employee benefit program. 3. The Limits of Insurance will not be reduced by the amount of damages within the deductible amount. 4. The terms of this policy including those with respect to a. Our right and duty with respect to the defense of suits and b. Your duties in the event of an act error or omission claim or suit apply irrespective of the application of the deductible amount. 5. If we settle a claim or suit for damages or pay a judgment for damages awarded in a suit that are subject to a deductible we may pay any part or all of the deductible amount. You will promptly reimburse us for such part of the deductible amount as we have paid. SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. CGT1010116 Page 4 of 9 2016 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY 2. Duties In The Event Of Act Error Or Omission Claim Or Suit CGT1010116 You must see to it that we are notified as soon as practicable of an act error or omission which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it was committed and 2 The names and addresses of any employees who may suffer loss caused by the act error or omission. If a claim is made or suit is brought by any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or a suit Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of loss to which this insurance may also apply. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. The following provisions apply to Paragraph a. above but only for purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section Il Who Is An Insured 1 Notice to us of such act error or omission must be given as soon as practicable only after the act error or omission is known to you if you are an individual any of your partners or members who is an individual if you are a partnership or joint venture any of your individual if you a company any officers or directo organization other joint venture or limit any of your trustees if you are a trust authorized by you to error or omission. 2 If you are a partne limited liability com none of your par members manager individuals notice to or omission must b practicable only aft omission is known by a Any individual wi A lawfully official ex director of ar i A partner partnership i A manager company iv An executive any other org v Atrustee of that is your p member manag b Any employee partnership joi liability compar organization to error or omission 3. Legal Action Against U No person or organizati this Coverage Part a. Tojoinusas a party 0 a suit asking f insured or b. To sue us on this C all of its terms have with. A person or organizati recover on an agreed se judgment against an ins be liable for damages t under the terms of this C 2016 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. venture any of your managers who is an individual if you are a limited liability company any of your executive officers or directors if you are an organization other than a partnership joint venture or limited liability company any of your trustees who is an individual if you are a trust or any employee authorized by you to give notice of an act error or omission. If you are a partnership joint venture limited liabilty company or trust and none of your partners joint venture members managers or trustees are individuals notice to us of such act error or omission must be given as soon as practicable only after the act error or omission is known by a Any individual who is A lawfully elected or appointed official executive officer or director of any public entity i A partner or member of any partnership or joint venture i A manager of any limited liability company iv An executive officer or director of any other organization or v Atrustee of any trust that is your partner joint venture member manager or trustee or b Any employee authorized by such partnership joint venture limited liability company trust or other organization to give notice of an act error or omission. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. Tojoin 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 settliement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that npany. Al rights reserved. Page 5 of 9 vices Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. The unintentional omission of or unintentional error in any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or renewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage y Company. Al rights reserved. CG T1010116 Services Office Inc. with its permission. 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 valid and collectible other insurance is available to the insured for a loss we cover under this Coverage Part our obligations are limited as described in Paragraphs a. and b. below. As used anywhere in this Coverage Part other insurance means insurance or the funding of losses that is provided by through or on behalf of i Another insurance company i Us or any of our affiliated insurance companies iiii Any risk retention group or iv Any self insurance method or program in which case the insured will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance or excess insurance that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations. As used anywhere in this Coverage Part other insurer means a provider of other insurance. As used in Paragraph b. below insurer means a provider of insurance. a. Primary Insurance This insurance is primary. If any of the other insurance is also primary we will share with all that other insurance by the method described in Paragraph b. below. b. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other 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. Page 6 of 9 2016 The Travelers Indemnit Includes copyrighted material of Insuranc 2016 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY 4. A Supplemental Extended Reporting Period is available but only by an endorsement and for an extra charge. This supplemental period starts with the end of the policy period and lasts for three years or an unlimited period of time as set forth in the Supplemental Extended Reporting Period Endorsement. This supplemental period replaces the Basic Extended Reporting Period. This Supplemental Extended Reporting Period will not go into effect unless we receive all of the following within 90 days after the end of the policy period and you have fulfilled all other duties and complied with all other conditions and requirements under this policy a. A written request from you to purchase the Supplemental Extended Reporting Period b. Full payment of the earned premium for this policy c. Payment of the additional premium for the Supplemental Extended Reporting Period Endorsement and d. Repayment of any deductible you owe us under this Coverage Part. We will determine the additional premium for that endorsement in accordance with our rules and rates. The additional premium for the Supplemental Extended Reporting Period Endorsement will not exceed 200 of the annual premium for this policy. This endorsement will set forth the terms not inconsistent with this Section VI Extended Reporting Periods applicable to the Supplemental Extended Reporting Period including a provision to the effect that the insurance afforded for claims or suits first made or brought against any insured during such period is excess over any valid and collectible other insurance available under insurance in force after the Supplemental Extended Reporting Period starts. The Supplemental Extended Reporting Period does not reinstate or increase the limits of insurance. SECTION Vil DEFINITIONS 1. Administration means a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of the employee benefit program Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 10. Cancellation Nonrenewal And Renewal Conditions Applicable To Commercial General Liability Coverage Part All conditions relating to cancellation nonrenewal or renewal that are included in any endorsement applicable to the Commercial General Liability Coverage Part attached to this policy also apply to this Coverage Part. SECTION VI EXTENDED REPORTING PERIODS 1. We will provide one or more Extended Reporting Periods as described below if a. This Coverage Part is cancelled or not renewed for any reason or b. We renew or replace this Coverage Part with insurance that has a Retroactive Date later than the date shown in the Declarations. 2. The Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They only apply to claims or suits for loss caused by a negligent act error or omission committed on or after the Retroactive Date shown in the Declarations and before the end of the policy period. Once in effect Extended Reporting Periods may not be canceled. 3. A Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the policy period and lasts for 90 days. The Basic Extended Reporting Period does not apply to claims or suits for loss covered under subsequent insurance you purchase or that would be covered under such insurance but for the exhaustion of its applicable limit of insurance. The Basic Extended Reporting Period does not reinstate or increase the limits of insurance. CGT1010116 Page 7 of 9 2016 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Advertising injury a. Means injury other than personal injury caused by one or more of the following offenses 1 Oral or written publication including publication by electronic means of material in your advertisement that slanders or libels a person or organization or disparages a person s or organization s goods products or services provided that the claim is made or the suit is brought by a person or organization that claims to have been slandered or libeled or that claims to have had its goods products or services disparaged 2 Oral or written publication including publication by electronic means of material in your advertisement that a Appropriates a person s name voice photograph or likeness or b Unreasonably places a person in a false light or 3 Infringement of copyright title or slogan in your advertisement provided that the claim is made or the suit is brought by a person or organization that claims ownership of such copyright title or slogan. b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. Bodily injury a. Means any harm including sickness or disease to the health of a person. b. Includes mental anguish injury or illness or emotional distress. Cafeteria plan means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. Coverage territory means the United States of America including its territories and possessions Puerto Rico or Canada provided that the insured s responsibility to pay damages is determined in a suit on the merits in the United States of America including its territories and possessions Puerto Rico or Canada or in a settlement we agree to. Employee means a person actively employed formerly employed on leave of absence or disabled or retired. Employee includes a leased worker. Employee does not include a temporary worker. Employee benefit program a. Means a program providing some or all of the following benefits to your employees whether provided through a cafeteria plan or otherwise 1 Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than your employee may subscribe to such benefits and such benefits are made generally available to all of those employees who satisfy the plan s eligibility requirements 2 Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than your employee may subscribe to such benefits and such benefits are made generally available to all of those employees who are eligible under the plan for such benefits 3 Unemployment insurance social security benefits workers compensation and disability benefits CGT1010116 Page 8 of 9 2016 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY 10. 1. 4 Vacation plans including buy and sell programs leave of absence programs including military matemity family and civil leave tuition assistance plans transportation and health club subsidies and 5 Any other similar benefits designated in the Declarations or added thereto by endorsement. b. Does not include any benefit plan or program described in Paragraph a. above that is self insured. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. 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. Personal injury a. Means injury other than advertising injury caused by one or more of the following offenses 1 False arrest detention or imprisonment 2 Malicious prosecution 3 The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies provided that the wrongful eviction wrongful entry or invasion of the right of private occupancy is committed by or on behalf of the owner landlord or lessor of that room dwelling or premises 4 Oral or written publication including publication by electronic means of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services provided that the claim is made or the suit is brought by a person or organization that claims to have been slandered or libeled or that claims to have had its goods products or services disparaged or 5 Oral or written publication including publication by electronic means of material that a Appropriates a person s name voice photograph or likeness or b Unreasonably places a person in a false light. b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. 12. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property or b. Loss of use of tangible property that is not physically injured. 13. Slogan a. Means a phrase that others use for the purpose of attracting attention in their advertising. b. Does not include a phrase used as or in the name of 1 Any person or organization other than you or 2 Any business or any of the premises goods products services or work of any person or organization other than you. 14. Suit means a civil proceeding in which damages because of loss to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or submits with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 15. Temporary worker means a person who is fumnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 16. Title means a name of a literary or artistic work. CGT1010116 Page 9 of 9 2016 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES EBL This endorsement modifies insurance provided under the following EMPLOYEE BENEFITS LIABILITY COVERAGE PART The following is added to SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS Missouri Property And Casualty Insurance Guaranty Association Coverage Limitations a. Subject to the provisions of the Missouri Property and Casualty Insurance Guaranty Association Act to be referred to as the Act if we are a member of the Missouri Property and Casualty Insurance Guaranty Association to be referred to as the Association the Association will pay claims covered under the Act if we become insolvent. b. The Act contains various exclusions conditions and limitations that govern a claimant s eligibility to collect payment from the Association and affect the amount of any payment. The following limitations apply subject to all other provisions of the Act 1. Claims covered by the Association do not include a claim by or against an insured of an insolvent insurer if the insured has a net worth of more than 25 million on the later of the end of the insured s most recent fiscal year or the December thirty first of the year next preceding the date the insurer becomes insolvent provided that an insured s net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its affiliates as calculated on a consolidated basis. 2. Payments made by the Association for covered claims will include only that amount of each claim which is less than 300000. However the Association will not a Pay an amount in excess of the applicable limit of insurance of the policy from which a claim arises or b Return to an insured any unearned premium in excess of 25000. These limitations have no effect on the coverage we will provide under this policy. Your Right to Claim Information And Act Error Or Omission Information We will provide the first Named Insured shown in the Declarations the following information relating to this insurance and any preceding employee benefits liability coverage we have issued to you during the previous three years a. A list or other record of each act error or omission not previously reported to any other insurer of which we were notified in accordance with Paragraph 2.a. of Section V Employee Benefits Liability Conditions. We will include the date and brief description of the act error or omission if that information was in the notice we received. b. A summary by policy year of payments made and amounts reserved stated separately under any applicable aggregate limit. Amounts reserved are based on our judgment. They are subject to change and should not be regarded as ultimate settlement values. If we cancel or elect not to renew this Coverage Part we will provide such information no later than 30 days before the date of policy termination. If the first Named Insured cancels or elects not to renew we will provide this information within 30 days of the first Named Insured s written request. In other circumstances we will provide this information only if we receive a written request from the first Named Insured within 60 days after the end of the policy period. In this case we will provide this information within 45 days of receipt of the request. We compile claim information and information about acts errors or omissions for our own business purposes and exercise reasonable care in doing so. In providing this information to the first Named Insured we make no representations or warranties to insureds insurers or others to whom this information is furnished by or on behalf of any insured. Cancellation or nonrenewal will be effective even if we inadvertently provide inaccurate information. CGF8930116 Page 1 of 1 2016 The Travelers Indemnity Company. All rightsreserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
MULTIPLE SUBLINE ENDORSEMENTS | 2 |
MULTIPLE SUBLINE ENDORSEMENTS | 2 |
COMMERCIAL GENERAL LIABILITY POLICY NUMBER TC2J GLSA415J5114 TIL19 ISSUE DATE 08 22 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PROVISIONS 1. The following is added to SECTION Il LIMITS OF INSURANCE of the Commercial General Liability Coverage Form and Liquor Liability Coverage Form and replaces SECTION IV DEDUCTIBLE of the Employee Benefits Liability Coverage Form Deductible 1. The Deductible shown in Item 1. of the Deductible Schedule and the rules below fix the amounts that you will be responsible for paying and over which the limits of insurance will apply regardless of the number of a. b. c. Insureds Claims made or suits brought or Persons or organizations making claims or bringing suits. The Deductible shown in Item 1. of the Deductible Schedule applies to the following amounts for the coverages identified in Paragraphs a. through d. below to the extent such coverages are part of this policy All damages under Coverage A medical expenses under Coverage C and limited covered pollution costs if applicable under Coverage D because of all bodily injury and property damage arising out of any one occurrence All damages under Coverage B because of all personal injury and advertising injury sustained by any one person or organization All damages under Employee Benefits Liability Coverage sustained by any one employee including the employee s dependents and beneficiaries and d. All damages under Liquor Liability Coverage because of all injury sustained by one or more persons or organizations as the result of the selling serving or furnishing of any alcoholic beverage to any one person. If you have selected the allocated loss adjustment expenses option shown in Iltem 1.a. of the Deductible Schedule the Deductible shown in Item 1. of that schedule includes all allocated loss adjustment expenses directly allocated to the particular claim or suit made or brought for all damages medical expenses and limited covered pollution costs if applicable described in Paragraph 2. above. If you have selected the allocated loss adjustment expenses option shown in Iltem 1.b. of the Deductible Schedule the Deductible shown in Item 1. applies separately to a. All damages medical expenses and limited covered pollution costs if applicable described in Paragraph 2. above and b. All allocated loss adjustment expenses directly allocated to the particular claim or suit made or brought for such damages medical expenses and limited covered pollution costs. If you have selected the allocated loss adjustment expenses option shown in Iltem 1.c. or 1.d. of the Deductible Schedule the Deductible shown in ltem 1. of that schedule does not apply to allocated loss adjustment expenses. CGD3550117 Page1of 5 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
COMMERCIAL GENERAL LIABILITY 10. b. Allocated loss adjustment expenses within all applicable Deductibles if the option shown in Item 1. of the Deductible Schedule includes allocated loss adjustment expenses within the Deductible. The Aggregate Deductible will not be reduced if this policy is issued for a term of less than one year or is cancelled for any reason by you or us before the end of the policy period. The Aggregate Deductible may be stated as a negotiated rate of final audited payroll or other exposure base or as a percentage of standard premium if so shown in Item 2. of the Deductible Schedule subject to a negotiated minimum Aggregate Deductible. You must reimburse us for the expenses stated in Item 3. of the Deductible Schedule pursuant to the options selected by you and shown in that part of the Deductble Schedule. These expenses are not subject to and are in additon to the Aggregate Deductible Item 2. of the Deductible Schedule or the Maximum Loss Content tem 4. of the Deductible Schedule whichever is applicable. As an alternative to an Aggregate Deductible for coverages that are part of this policy you may have selected a multiple line multiple policy Maximum Loss Content. Under this arrangement the maximum amount of payments including or excluding allocated loss adjustment expenses depending on the option selected by you for any reimbursement within a deductible loss limit or retention for any policy listed in Item 4. of the Deductible Schedule will be limited to the amount shown as the Maximum Loss Content in the Deductible Schedule. The Maximum Loss Content may be stated as a negotiated rate of final audited payroll or other exposure base or as a percentage of standard premium as shown in Item 4. of the Deductible Schedule subject to a negotiated minimum Maximum Loss Content. If you fail to reimburse us for any amounts as required by Paragraphs 6. through 9. above or if you fail to provide security in a form and amount acceptable to us we may cancel this policy in accordance with the Cancellation conditions as permitted by law. 4. The terms of the policy including those with respect to a. Our right and duty with respect to the defense of an insured against a suit and b. Your duties in the event of an occurrence offense act error or omission injury claim or suit apply irrespective of the application of the Deductible. The applicable limit of insurance will be reduced by the amount of any damages medical expenses and limited covered pollution costs if applicable within any applicable Deductible. The applicable limit of insurance will not be reduced by the amount of any allocated loss adjustment expenses within any Deductible. Unless you and we agree otherwise we will pay any part or all of the Deductible to effect payment of any claim or suit or to defend an insured against a suit if allocated loss adjustment expenses are within the Deductible stated in Item 1. of the Deductible Schedule. You must reimburse us from your own funds for such part of the Deductible as we have paid regardless of any a. Contributions toward payment of any damages medical expenses limited covered pollution costs if applicable or allocated loss adjustment expenses made by other insurers or any other entity and b. Deductibles owed or paid by you to other insurers for the same claim or suit. Only payments made by you will satisfy your obligation to reimburse us for payments we make within your deductible layer. Your obligation to reimburse us for such payments made by us is not satisfied by contributions made toward payment of any claim or suit or any allocated loss adjustment expenses incurred by other insurers or any other entity. The Aggregate Deductible shown in Item 2. of the Deductible Schedule is the most that you will be responsible for paying for the sum of all a. Damages medical expenses and limited covered pollution costs if applicable within all applicable Deductibles and CGD3550117 Page2of 5 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
COMMERCIAL GENERAL LIABILITY The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS of the Commercial General Liability Coverage Form in SECTION IV LIQUOR LIABILITY CONDITIONS of the Liquor Liability Coverage Form and in SECTION V EMPLOYEE BENEFITS LIABILITY CON DITIONS of the Employee Benefits Liability Coverage Form Any recoveries hereunder will be applied in the following order a. Any interest including the insured that may have paid any amount with respect to liability in excess of the limit of our liability hereunder b. Us for the amount paid hereunder. All other interests including the insured with respect to the residue if any. When we have elected to participate in the exercise of the insured s right of recovery reasonable expenses resulting therefrom will be apportioned among all interests in the ratio of their respective recoveries. The following is added to SECTION V DEFINITIONS of the Commercial General Liability Coverage Form and the Liquor Liability Coverage Form and SECTION VII DEFINITIONS of the Employee Benefits Liability Coverage Form Allocated loss adjustment expenses a. Means any of the following that can be directly allocated to a particular claim or suit 1 Fees costs or expenses of attorneys or other authorized representatives where permitted for legal services whether by outside or staff representatives. Fees costs or expenses of court or alternative dispute resolution proceedings and other specific items of expense whether incurred by an outside vendor or one of our employees including a Medical examinations of a claimant to determine the extent of injury degree of permanency or length of disability b Expert medical or other testimony c Autopsy d Witnesses and summonses e Copies of documents such as birth and death certificates and medical treatment records f Arbitration fees 9 Fees or costs for surveillance or other professional investigations that are conducted as part of handling of a claim or suit h Fees or costs for loss prevention and engineering personnel and fees or costs for rehabilitation nurses or other nurses for services that are conducted as part of handling of a claim or suit and i Appeal bond costs and appeal filing fees. 3 Al Supplementary Payments as described and included in the applicable Coverage Part. b. Does not include 1 Salaries overhead and travel expenses 3 of our employees except for those fees costs or expenses described in Paragraph a.1 or 2 above incurred while handling a claim or suit Fees paid to independent claims professionals or attorneys hired to perform the function of claim investigation normally performed by claim adjusters for developing and investigating a claim so that a determination can be made of the cause or extent of or responsibility for the injury disease or damage including evaluation and settlement of covered claims or Salaries overhead and travel expenses of any insured. CGD3550117 Page 3 of 5 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
COMMERCIAL GENERAL LIABILITY DEDUCTIBLE SCHEDULE 1. The Deductible for all coverages is 250000 The Deductible applies option that applies is indicated by x a. X To combined damages medical expenses limited covered pollution costs if applicable and allocated loss adjustment expenses. b. To combined damages medical expenses and limited covered pollution costs if applicable and separately to allocated loss adjustment expenses. c. To combined damages medical expenses and limited covered pollution costs if applicable only. You will reimburse us for the total amount of allocated loss adjustment expenses if the amount of damages medical expenses and limited covered pollution costs if applicable is equal to or less than the Deductible. If the amount of damages medical expenses and limited covered pollution costs if applicable is greater than the Deductible the amount of allocated loss adjustment expenses reimbursable by you will be a proportionate share calculated by dividing the Deductible by the amount of total damages medical expenses and limited covered pollution costs if applicable payable under the policy and then multiplying the allocated loss adjustment expenses amount by that percentage. d. To combined damages medical expenses and limited covered pollution costs if applicable only with all allocated loss adjustment expenses reimbursed by you. 2. Aggregate Deductible Itis adjusted based on option that applies is indicated by x a. Negotiated rate of per rate exposure base but in no event less than dollar amount b. Negotiated percentage of Standard Premium Yo percentage of Standard Premium but in no event less than dollar amount c. X No Aggregate Deductible applies. 3. Claims Handling and other associated expenses a. Claim Handling is options that apply are indicated by 1 J Reimbursed by you as a percentage charge for each claim of 2 x Reimbursed by you as a flat charge for each claim of 1.500 3 Reimbursed by you as a flat charge against the policy of b. Charges other than Claim Handling are option that applies is indicated by x 1 Reimbursed by you at a rate of times exposure base Page4 of 5 2017 The Travelers Indemnity Company. All rights reserved. CGD3550117 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
COMMERCIAL GENERAL LIABILITY of per or 2 X Reimbursed by you as a flat charge of 122500 against the policy. 4. Maximum Loss Content Can only be applied if 2.c. of this Schedule is selected option that applies is indicated by x a. Negotiated rate of 440 rate per 1000 of Audited Sales exposure base butin no event lessthan 4400000 dollar amount b. Negotiated percentage of Standard Premium percentage of Standard Premium but in no event less than dollar amount Policy Numbers to which the Maximum Loss Content is applicable TC2J CAP415J5102 19 TC2J GLSA415J5114 19 CGD3550117 Page5o0f 5 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION WHEN TWO OR MORE POLICIES APPLY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART Provisions 1. Injury damage or loss might be covered by this policy and also by other policies issued to you by us or any Travelers affiliate. When these other policies contain a provision similar to this one the amount we will pay is limited. The maximum that we will pay under all such policies combined is the highest limit that applies in any one of these policies. This does not apply to any personal liability policy or to any Umbrella Excess or Protective Liability Policy. CGT3331103 Copyright The Travelers Indemnity Company 2003 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES GUARANTY ASSOCIATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY MISSOURI PROPERTY AND CASUALTY INSUR ANCE GUARANTY ASSOCIATION COVERAGE LIMITATIONS A. Subject to the provisions of the Missouri Property and Casualty Insurance Guaranty Association Act to be referred to as the Act if we are a member of the Missouri Property and Casualty Insurance Guaranty Association to be referred to as the Association the Association will pay claims cov ered under the Act if we become insolvent. The Act contains various exclusions conditions and limitations that govern a claimant s eligibility to collect payment from the Association and affect the amount of any payment. The following limita tions apply subject to all other provisions of the Act 1. Claims covered by the Association do not in clude a claim by or against an insured of an insolvent insurer if the insured has a net worth of more than 25 million on the later of the end of the insure year or the Decembel next preceding the da insolvent provided tha on such date shall be aggregate net worth o its affiliates as calculz basis. Payments made by tt ered claims will incluc each claim which is les However the Associat 1 Pay an amount in ble limit of insura which a claim arise 2 Return to an insu mium in excess of These limitations have no effe will provide under this policy. the end of the insured s most recent fiscal year or the December thirty first of the year next preceding the date the insurer becomes insolvent provided that an insured s net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its affiliates as calculated on a consolidated basis. 2. Payments made by the Association for cov ered claims will include only that amount of each claim which is less than 300000. However the Association will not 1 Pay an amount in excess of the applica ble limit of insurance of the policy from which a claim arises or 2 Return to an insured any unearned pre mium in excess of 25000. These limitations have no effect on the coverage we will provide under this policy. CG 26 25 04 05 ISO Properties Inc. 2004 Page 1 of 1 | 2 |
INTERLINE ENDORSEMENTS | 2 |
INTERLINE ENDORSEMENTS | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE This endorsement applies to the insurance provided under the following COMMERCIAL EXCESS LIABILITY UMBRELLA INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE PART CYBERFIRST ESSENTIALS LIABILITY COVERAGE PART CYBERFIRST LIABILITY COVERAGE EMPLOYEE BENEFITS LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EMPLOYMENT PRACTICES LIABILITY WITH IDENTITY FRAUD EXPENSE REIMBURSEMENT COV ERAGE PART ENVIRONMENTAL HAZARD POLICY EXCESS FOLLOWING FORM LIABILITY INSURANCE LAW ENFORCEMENT LIABILITY COVERAGE PART LIMITED ABOVE GROUND POLLUTION LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDFIRST PRODUCTS COMPLETED OPERATIONS ERRORS AND OMISSIONS AND INFORMATION SECURITY LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PUBLIC ENTITY MANAGEMENT LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANS PORTATION TRIBAL BUSINESS MANAGEMENT LIABILITY COVERAGE PART Any other Commerecial Liability coverage included in this policy that is subject to the federal Terrorism Risk Insurance Act of 2002 as amended PROVISIONS The federal Terrorism Risk Insurance Act of 2002 as amended TRIA establishes a program under which the Federal Government may partially reimburse Insured Losses as defined in TRIA caused by Acts Of Terror ism as defined in TRIA. Act Of Terrorism is defined in Section 1021 of TRIA to mean any act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney Gen eral of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States Mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influ ence the policy or affect the conduct of the United States Government by coercion. The Federal Government s share of compensation for such Insured Losses is established by TRIA and is a per centage of the amount of such Insured Losses in excess of each Insurer s Insurer Deductible as defined in TRIA subject to the Program Trigger as defined in TRIA. Through 2020 that percentage is established by TRIA as follows 85 with respect to such Insured Losses occurring in calendar year 2015. 84 with respect to such Insured Losses occurring in calendar year 2016. 83 with respect to such Insured Losses occurring in calendar year 2017. 82 with respect to such Insured Losses occurring in calendar year 2018. 81 with respect to such Insured Losses occurring in calendar year 2019. 80 with respect to such Insured Losses occurring in calendar year 2020. ILT3680115 2015 The Travelers Indemnity Company. Al rights reserved Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 2015 The Travelers Indemnity Company. Al rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
In no event however will the Federal Government be required to pay any portion of the amount of such Insured Losses occurring in a calendar year that in the aggregate exceeds 100 billion nor will any Insurer be required to pay any portion of such amount provided that such Insurer has met its Insurer Deductible. Therefore if such In sured Losses occurring in a calendar year exceed 100 billion in the aggregate the amount of any payments by the Federal Government and any coverage provided by this policy for losses caused by Acts Of Terrorism may be reduced. For each coverage provided by this policy that applies to such Insured Losses the charge for such Insured Losses is included in the premium for such coverage. The charge for such Insured Losses that has been included for each such coverage is indicated below and does not include any charge for the portion of such Insured Losses covered by the Federal Government under TRIA. 1 of each applicable Commercial Liability Coverage premium. ILT3680115 Page 2 of 2 2015 The Travelers Indemnity Company. Al rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
POLICY NUMBER TC2J GLSA415J5114 TIL19 ISSUE DATE 08 22 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION Number of Days Notice of Cancellation 30 CANCELLATION PERSON OR ORGANIZATION Any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given but only if 1. You send us a written request to provide such notice including the name and address of such person or organization after the first Named Insured receives notice from us of the cancellation of this policy and 2. We receive such written request at least 14 days before the beginning of the applicable number of days shown in this endorsement. ADDRESS The address for that person or organization included in such written request from you to us. PROVISIONS If we cancel this policy for any statutorily permitted reason other than nonpayment of premium and a number of days is shown for cancellation in the schedule above we will mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. ILT40503 11 Page 1 of 1 2011 The Travelers Indemnity Company. All rights reserved. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COMMON POLICY CONDITIONS PROHIBITED COVERAGE UNLICENSED INSURANCE AND TRADE OR ECONOMIC SANCTIONS This endorsement modifies insurance provided under the following ALL COVERAGES INCLUDED IN THIS POLICY The following is added to the Common Policy Condi b. T tions de Prohibited Coverage Unlicensed Insurance tic 1. With respect to loss sustained by any insured or. m loss to any property located in a country or juris PmhbWE diction in which we are not licensed to provide tions this insurance this insurance does not apply to We will p the extent that insuring such loss would violate will provid the laws or regulations of such country or jurisdic ing such tion. any of our 2. We do not assume responsibility for 1. Anyt a. The payment of any fine fee penalty or other regule charge that may be imposed on any person 2. Any o or organization in any country or jurisdiction proyhik because we are not licensed to provide insur ance in such country or jurisdiction or b. The furishing of certificates or other evi dence of insurance in any country or jurisdic tion in which we are not licensed to provide insurance. Prohibited Coverage Trade Or Economic Sanc tions We will provide coverage for any loss or otherwise will provide any benefit only to the extent that provid ing such coverage or benefit does not expose us or any of our affiliated or parent companies to 1. Any trade or economic sanction under any law or regulation of the United States of America or 2. Any other applicable trade or economic sanction prohibition or restriction. ILT41203 15 Page 1 of 1 2014 The Travelers Indemnity Company. All rights reserved. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following BOILER AND MACHINERY COVERAGE PART COMMERCIAL EXCESS LIABILITY UMBRELLA INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CYBERFIRST ESSENTIALS LIABILITY COVERAGE PART CYBERFIRST LIABILITY COVERAGE DELUXE PROPERTY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EMPLOYMENT PRACTICES LIABILITYWITH IDENTITY FRAUD EXPENSE REIMBURSEMENT COVERAGE PART ENVIRONMENTAL HAZARD POLICY EQUIPMENT BREAKDOWN COVERAGE PART EXCESS FOLLOWING FORM LIABILITY INSURANCE LAW ENFORCEMENT LIABILITY COVERAGE PART LIMITED ABOVE GROUND POLLUTION LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDFIRST PRODUCTS COMPLETED OPERATIONS ERRORS AND OMISSIONS AND INFORMATION SECURITY LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PUBLIC ENTITY MANAGEMENT LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION TRIBAL BUSINESS MANAGEMENT LIABILITY COVERAGE PART Any other Coverage Part or Coverage Form included in this policy that is subject to the federal Terrorism RiskInsurance Act of 2002 as amended The following is added to this policy. This provision can limit coverage for any loss arising out of a certi fied act of terrorism if such loss is otherwise covered by this policy. This provision does not apply if and to the extent that coverage for the loss is excluded or limited by an exclusion or other coverage limitation for losses arising out of certified acts of terrorism in an other endorsement to this policy. If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our insurer deductible under TRIA we will not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in ac cordance with procedures established by the Secre tary of the Treasury. ILT414 0115 2015 The Travelers Indemnity Company. All rights reserved. Certified act of terrorism means an act that is certi fied by the Secretary of the Treasury in accordance with the provisions of TRIA to be an act of terrorism pursuant to TRIA. The criteria contained in TRIA for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 2. The actis a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. TRIA means the federal Terrorism Risk Insurance Act of 2002 as amended. Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The insurance does not apply A. Under any Liability Coverage to bodily in jury or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Un derwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such pol icy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indem nity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily in jury or property damage resulting from 2 IS0 Properties Inc. 2007 hazardous properties of nuclear material if 1 The nuclear material a is at any nu clear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an in sured of services materials parts or equipment in connection with the plan ning construction maintenance opera tion or use of any nuclear facility but if such facility is located within the United States of America its territories or pos sessions or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material spe cial nuclear material or by product material. 3 Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Page 1 of 2 IL 00 21 09 08 | 2 |
the total amount of such material in the custody of the insured at the premises where such equipment or device is lo cated consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation prem ises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore proc essed primarily for its source material content and b resulting from the operation by any per son or organization of any nuclear facility in cluded under the first two paragraphs of the defi nition of nuclear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time Page 2 of 2 IS0 Properties Inc. 2007 IL 00 21 09 08 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. When this endorsement is attached to the Stan dard Property Policy CP 00 99 the term Com mercial Property Coverage Part in this endorse ment also refers to the Standard Property Policy.. With respect to the Commercial General Liability Coverage Part Commercial Property Legal Liability Coverage Form CP 00 40 Commercial Property Mortgageholders Errors And Omissions Coverage Form CP 00 70 Crime And Fidelity Coverage Part Employment Related Practices Liability Coverage Part Equipment Breakdown Coverage Part Farm Liability Coverage Form Liquor Liability Coverage Part Pollution Liability Coverage Part Products Completed Operations Liability Cover age Part Medical Professional Liability Coverage Part the following Cancellation and Nonrenewal Pro visions apply Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation stating the actual reason for cancellation at least a. 10 days before the effective date of can cellation if we cancel for nonpayment of premium b. 30 days before the effective date of can cellation if cancellation is for one or more of the following reasons 1 Fraud or material misrepresentation affecting this policy or a claim filed under this policy or a violation of any of the terms or conditions of this pol icy 2 Changes in conditions after the effec tive date of this policy which have materially increased the risk as sumed 3 We become insolvent or 4 We involuntarily lose reinsurance for this policy C. 60 days before the effective date of can cellation if we cancel for any other rea son. Nonrenewal The following is added and supersedes any pro vision to the contrary a. We may elect not to renew this policy by mailing or delivering to the first Named Insured at the last mailing address known to us written notice of nonre newal stating the actual reason for non renewal at least 60 days prior to the ef fective date of the nonrenewal. IL02740213 Insurance Services Office Inc. 2012 Page 1 of 2 | 2 |
b. If notice is mailed proof of mailing will be sufficient proof of notice. C. with respect to the Capital Assets Program Output Policy Coverage Part Commercial Inland Marine Coverage Part Commercial Property Coverage Part Farm Property Other Farm Provisions Form Additional Coverages Conditions Definitions Coverage Form Farm Livestock Coverage Form Farm Mobile Agricultural Machinery And Equipment Coverage Form Paragraphs 1. 2. 3. 4. and 6. of the Cancella tion Common Policy Condition are replaced by the following Cancellation Nonrenewal And Decreases In Coverage 1. The first Named Insured shown in the Decla rations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel nonrenew reduce in amount or adversely modify this policy by mailing or delivering to the first Named Insured written notice of this action at least a. 10 days before the effective date of this action if due to nonpayment of premium or evidence of incendiarism or b. 30 days before the effective date of this action if for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of a. Cancellation will state the effective date of cancellation. The policy period will end on that date. b. Any other action will state the effective date of that action. 6. If notice is mailed proof of mailing will be suf ficient proof of notice.. With respect to all Coverage Parts addressed in this endorsement Paragraph 5. of the Cancella tion Common Policy Condition is replaced by the following 5. If this policy is cancelled we will send the first Named Insured any premium refund due. The cancellation will be effective even if we have not made or offered a refund. The following provisions govern calculation of return pre mium a. We will compute return premium pro rata and round to the next higher whole dollar when this policy is 1 Cancelled by us or at our request 2 Cancelled because you no longer have a financial or insurable interest in the property or business operation that is the subject of this insurance 3 Cancelled but rewritten with us or in our company group or 4 Cancelled after the first year if it is a prepaid policy written for a term of more than one year. b. When this policy is cancelled at the re quest of the first Named Insured except when Paragraph a.2 a.3 or a.4 ap plies we will return 90 of the pro rata unearned premium or 75 of the pro rata unearned premium for the Equipment Breakdown Coverage Part rounded to the next higher whole dollar. However when such cancellation takes place dur ing the first year of a multiyear prepaid policy we will return the full annual pre mium for the subsequent years. The refund will be less than 90 of the pro rata unearned premium or less than 75 of the pro rata unearned premium for the Equipment Breakdown Coverage Part if the refund of such amount would reduce the premium retained by us to an amount less than the minimum premium for this policy. IL02740213 Page 2 of 2 Insurance Services Office Inc. 2012 | 2 |
POLICYHOLDER NOTICES | 2 |
POLICYHOLDER NOTICES | 2 |
IMPORTANT NOTICE INDEPENDENT AGENT AND BROKER COMPENSATION NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMATION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE THE PROVISIONS OF YOUR POLICY PREVAIL. For information about how Travelers compensates independent agents and brokers please visit www.travelers.com call our toll free telephone number 1 866 904 8348 or request a written copy from Marketing at One Tower Square 2GSA Hartford CT 06183. PN T4 54 01 08 Page 1 of 1 | 2 |
IMPORTANT NOTICE CONTACT INFORMATION MISSOURI NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMA TION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE THE PROVISIONS OF YOUR POLICY PREVAIL. Questions regarding your policy or coverage should be directed to your agent or us at Travelers One Tower Square Hartford CT 06183 800 328 2189 Travelers.com PN T20405 10 Page 1 of 1 | 2 |
POLICY OVERPRINT PAGE 1 OF 1 POLICY NUMBER TC2J GLSA415J5114 TIL19 RATER LLA0 ISSUE DATE 082219 EFFECTIVE DATE 080119 EXPIRATION DATE 080120 INSUREDS NAME KANSAS CITY SOUTHERN NEW RENEWAL R SOLICITOR CODE SAI 5460F2009 MSI RATING MODE G SPECIAL CODE C2 PROGRAM CODE FEDERAL TAX ID PAYMODE X AUDIT FREQUENCY A RESPONSIBILITY S WATCH FILE 0 SURVEY CODE 2 REINSURANCE N AUTO FILINGS OFFICE KANSAS CITY 095 PRODUCER NAME LOCKTON COMPANIES LLC NA287 | 2 |
AmMWINS Brokerage of Texas Inc A WIN 5510 Norh Conva Epreco Suite 500 Dallas TX 75208 Brokerage T 7134815284 F 713464 3641 amwins com TX License 1338460 POLICY PREMIUM AND SURPLUS LINES TAX SUMMARY Attached to and forming part of Policy Number FEI PPL17496 03 Named Insured Crest Industrial Chemicals Policy Number FEI PPL17496 03 Inc. Coverage General Liability Carrier Admiral Insurance Company Agency Marsh McLennan Agency Policy Period 08292016 08292017 Policy Premium 13271.00 Fees 600.00 Surplus Lines Taxes 693.55 Total 14564.55 IMPORTANT NOTICE THE NONADMITTED REINSURANCE REFORM ACT NRRA WENT INTO EFFECT ON JULY 21 2011. ACCORDINGLY SURPLUS LINES TAX RATES AND REGULATIONS ARE SUBJECT TO CHANGE WHICH COULD RESULT IN AN INCREASE OR DECREASE OF THE TOTAL SURPLUS TAXES AND FEES OWED ON THIS PLACEMENT. IF A CHANGE IS REQUIRED WE WILL PROMPTLY NOTIFY YOU. ANY ADDITIONAL TAXES OWED MUST BE PROMPTLY REMITTED TO AMWINS. FEES remium Lines Taxes Fee Taxable Amount Texas Market Policy Fee Yes 250.00 Market Inspection Fee Yes 200.00 AmMWINS Service Fee Yes 150.00 Total 600.00 Total Fees 600.00 SURPLUS LINES TAX CALCULATION Description Taxable Taxable Tax Basis Rate Tax Premium Fee Texas Surplus Lines Tax 13271.00 600.00 13871.00 4.85 672.74 Stamping Fee 13271.00 600.00 13871.00 0.15 20.81 Total 693.55 Total Surplus Lines Taxes and Fees 693.55 SURPLUS LINES DISCLOSURE Texas | 2 |
This insurance contract is with an insurer not licensed to transact insurance in this state and is issued and delivered as surplus line coverage under the Texas insurance statutes. The Texas Department of Insurance does not audit the finances or review the solvency of the surplus lines insurer providing this coverage and the insurer is not a member of the property and casualty insurance guaranty association created under Chapter 462 Insurance Code. Chapter 225 Insurance Code requires payment of a 4.85 percent tax on gross premium. Surplus Lines Licenses Name AmWins Brokerage of Texas Inc. IMPORTANT NOTICE To obtain information or make a complaint You may contact the Texas Department of Insurance to obtain information on companies coverages rights or complaints at 1 800 252 3439 You may write the Texas Department of Insurance Post Office Box 149104 Austin Texas 78714 9104 Fax 512 490 1007 Web httpwww.tdi.texas.gov E mail ConsumerProtectiontdi.state.tx.us PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE ara obtener informacion o para someter una queja uede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias coberturas derechos o quejas al 1 800 252 3439 uede escribir al Departamento de Seguros de Texas ost Office Box 149104 Austin Texas 78714 9104 Fax 512 490 1007 Web httpwww.tdi.texas.gov E mail ConsumerProtectiontdi.state. tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS Si tiene una disputa concerniente a su prima o a un reclamo debe comunicarse con el agente primero. Si no se resuelve la disputa puede entonces comunicarse con el departamento TDI. | 2 |
UNA ESTA AVISO A SU POLIZA Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. | 2 |
AmWINS CLAIMS CAPABILITIES OVERVIEW CLAIMS OVERVIEW We strongly believe in the importance and value of effective claim services for our clients. We understand that the timely and proper handling of claims is one of the most critical moments of truth for our clients. AMWINS has invested heavily in claim services. From high end claim expertise to a national claim practice that works together we look to support our clients when they need us the most. CLAIMS CAPABILITIES Our national practice provides a variety of claim services including the following Complex Claims Advocacy Complex or difficult claims wil often requir a higher degree of attenton overs ght and advocacy. This effort triggers a team approach between the retailer AmMWINS broker and claims consultant. Our intent here is to set a claims strategy early in the process to ensure the claim is properly handled communicated and expectations set. Claims are reviewed to ensure that we advocate properly on behalf of the client Claim Consulting We will work closely with our clients to help in the design of a successful claims management program and the ongoing quality of service provided by insurance carriers and TPA s. Our consultants can also get involved when issues around communication coordination or other relevant areas are somehow interfering with the outcomes of the claims. TPA and IA Selection We wil work with our clients to help with TPA Third Party Administrator and IA Independent Adjuster assignments. These selections can often be a critical component of an overall placement and risk management program. Claims Administration When requested we can monitor claims for ou clients through a lacal AMWINS offics. WORKING TOGETHER TOWARD SUCCESSFUL CLAIM OUTCOMES The success of a claim outcome typically depends on factors such as good communication expertise and strong working relationships. Our goal at AMWINS is to be well prepared before a claim occurs and then to be actively engaged with our retail brokers on the more difficult and complex claims. Ideally we like to work with our clients as early as possible. Whethar there is a claim thatyou thinkis geting difficult or an overall pregram that needs a good claims strategy we cen be much more effective if we are brought in early. AMWINS BROKERAGE OF TEXAS CLAIMS TEAM If you need assistance from AmWINS Brokerage of Texas on a particular claim or account please direct your question to txclaimsamwins.com or contact David Bailey 214.561.7039 david.baileyamwins.com Brokerage s AMWINS BROKERAGE OF TEXAS oo RN oF pRY ynant enptio a0 OTOVIS 10116 CLAIMS CAPABILITIES OVERVIEW N 1l AIMS NVERVIE W ULAINVIoO UvEhvicw We strongly believe in the importance and value of effective claim services for our clients. We understand that the timely and proper handling of claims is one of the most critical moments of truth for our clients. AMWINS has invested heavily in claim services. From high end claim expertise to a national claim practice that works together we look to support our clients when they need us the most. CLAIMS CAPABILITIES Our national practice provides a variety of claim services including the following Complex Claims Advocacy Complex or difficult claims wil often requir a higher degree of attenton overs ght and advocacy. This effort triggers a team approach between the retailer AmMWINS broker and claims consultant. Our intent here is to set a claims strategy early in the process to ensure the claim is properly handled communicated and expectations set. Claims are reviewed to ensure that we advocate properly on behalf of the client Claim Consulting We will work closely with our clients to help in the design of a successful claims management program and the ongoing quality of service provided by insurance carriers and TPA s. Our consultants can also get involved when issues around communication coordination or other relevant areas are somehow interfering with the outcomes of the claims. TPA and IA Selection We wil work with our clients to help with TPA Third Party Administrator and IA Independent Adjuster assignments. These selections can often be a critical component of an overall placement and risk management program. Claims Admi istration When requested we can monitor claims for ou clients through a lacal AMWINS offics. WORKING TOGETHER TOWARD SUCCESSFUL CLAIM OUTCOMES The success of a claim outcome typically depends on factors such as good communication expertise and strong working relationships. Our goal at AMWINS is to be well prepared before a claim occurs and then to be actively engaged with our retail brokers on the more difficult and complex claims. Ideally we like to work with our clients as early as possible. Whethar there is a claim thatyou thinkis geting difficult or an overall pregram that needs a good claims strategy we cen be much more effective if we are brought in early. AMWINS BROKERAGE OF TEXAS CLAIMS TEAM If you need assistance from AmWINS Brokerage of Texas on a particular claim or account please direct your question to txclaimsamwins.com or contact David Bailey 214.561.7039 david.baileyamwins.com | 2 |
Common Policy Declarations Page Admiral Insurance Company Policy Number FEI PPL17496 03 Renewal Of FEI PPL17496 02 Named Insured Program Administrator Crest Industrial Chemicals Inc. Freberg Environmental Inc. 1737 County Road 57 2000 S. Colorado Blvd. Tower Il Suite 800 Rosharon TX 77583 Denver Colorado 80222 Policy Period From 8292016 To 8292017 At 1201 am Standard Time at your mailing address shown above In return for the payment of premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. This policy consists of the following Coverage Parts as indicated Premium Products Pollution Environmental Impairment Liability Covered Commercial General Liability Covered Contractors Pollution Liability Covered Total Coverage Part Premium. Terrorism Premium Not Covered Total Premium State Fee Not Applicable FORMS APPLICABLE TO ALL COVERAGE PARTS See Schedule of Forms and Endorsements and attached State specific Surplus Lines Warning where applicable. These declarations together with the common policy conditions coverage part declarations coverage part coverage formss and forms and endorsements if any issued to form a part thereof complete the above numbered policy. 8292016 To 8292017 Issue Date 9152016 By Authorized Representative EIL1204 COM DEC | 2 |
EIL Coverage Declarations Page Policy Number FEI PPL17496 03 Renewal Of FEI PPL17496 02 Coverage Parts Attached indicated with X Coverage Part Policy Type X Products Pollution Environmental Impairment Liability Claims Made Form X Commercial General Liability Occurrence Form X Contractors Pollution Liabilit Occurrence Form Limits of Insurance Regardless of the number of Coverage Parts written under this policy or applicable to any one Occurrence Claim Wrongful Act or Pollution Condition the Limits of Insurance shown below apply once for the entire policy and not separately for each Coverage Part. Applicable to Products Pollution Environmental Impairment Liability Coverage Parts Only 1000000 Per Pollution Conditions Limits 1000000 Aggregate Pollution Condition Limits Applicable to Commercial General Liability Coverage Parts Only 1000000 Personal and Advertising Injury Limit 1000000 Damages Limit for Each Occurrence of Claim 2000000 General Aggregate Limit Other than Products Completed Operations 2000000 Products Completed Operations Aggregate Limit 50000 Fire Damage Limit Any one Fire 5000 Medical Expense Limit Any One Person Applicable to Contractors Pollution Liability Coverage Parts Only 1000000 Damage Limit for Each Occurrence Claim or Pollution Condition Claims 1000000 Claims Expense Limit for Each Claim 1000000 General Aggregate Limit 1000000 Claims Expense Aggregate Limit Deductible SIR Coverage Amount Type Products Pollution Environmental Impairment Liability 10000 Per Claim Commercial General Liability 5000 Per Occurrence Deductible Contractors Pollution Liability 5000 Per Pollution Condition Deductible Retroactive Dates Coverage Retroactive Date Products Pollution Environmental Impairment Liability 8292013 Commercial General Liability Not Applicable Contractors Pollution Liability Not Applicable Premium Schedule Estimated Annual Gross Receipts 2300000 Rate Flat Policy Period Minimum Earned Premium 25 Minimum Earned Premium 3318 Form of Business X Corporation Joint Venture Individual Partnership LLC Other e Parts Only Claim roducts Completed Operations gate Limit n e Parts Only aim or Pollution Condition Claims i N EIL1204 COVERAGE DEC | 2 |
EIL Supplemental Declarations Page Policy Number FEI PPL17496 03 Renewal Of FEI PPL17496 02 SCHEDULE The following forms and endorsements are made part of this policy JA10011 0316 Signature Page EIL001 0712 Environmental Impairment Liability Claims Made Form CG 00011204 Commercial General Liability Coverage Occurrence Form ECC311 0712 Contractors Pollution Liability Form Occurrence EIL075 0712 Minimum Earned Premium Endorsement ECC315 0712 Common Policy Conditions ECC316 0712 Nuclear Energy Liability Exclusion ECC317 0712 Deductible Liability Insurance Endorsement ECC319 0712 Automatic Additional Insured Owners Lessees or Contractors This endorsement does not apply to the Professional Liability Coverage Part. ECC320 0712 Automatic Waiver of Subrogation This endorsement does not apply to the Professional Liability Coverage Part ECC322 0713 Claims Notice Document CG 22430196 Exclusion Engineers Architects or Surveyors EIL113 0413 Products Pollution Coverage Endorsement PN0001 00107 OFAC PN0002 1215 Trade or Economic Sanctions Endorsement EIL031 0712 Contingent Transportation Coverage EIL085 0712 Named Insured Endorsement EIL096 0513 Blanket Non Owned Disposal Sites Endorsement CG 21900106 Exclusion of Terrorism ECC353 0712 Hired and Non Owned Auto 1mil1mil limit ECC359 0712 Employee Benefit Liability 1mil1mil limit ECC502 0712 Amendment of Cancellation Notice Endorsement uses endeavor to wording ECC510 0712 Mold and Mildew Exclusion ECC528 0712 Punitive and Exemplary Damages Amendment Where allowable by law ECC548 0712 Blanket Primary and Non Contributory Endorsement CG 20371001 Additional Insured Owners Lessees Completed Op s ECC326 0712 Service of Suit Claims Made Form ge Occurrence Form dccurrence nent bYWV ES T R endorsement does not apply to the rveyors ent nent lorsement limit nit orsement uses endeavor to wording ndment Where allowable by law Endorsement Completed Op s Schedule of Insured Locations Location Location 1 1737 County Road 57 Rosharon TX 77583 EIL1204 SUPP DEC | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 1 Signature Page This endorsement effective 8292016 attaches to and forms a part of Policy Number FEI PPL17496 03. It modifies insurance provided under this Policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IN WITNESS WHEREOF we have caused this Policy to be executed and attested and if required by state law this Policy shall not be valid unless countersigned by a duly authorized representative of the Company. Secretary rho President and CEO JA10011 0316 Page 4 of 116 | 2 |
Environmental Impairment Liability Polic The coverage provided by this policy contains requirements for claims made and reporting to the insurance company listed in the declarations hereinafter the company. Please read this entire form carefully. This policy has certain provisions and requirements unique to it and may be different from other policies the insured may have purchased. Defined terms other than headings appear in italics. Notice the descriptions in any headings or sub headings of this policy are inserted solely for convenience and do not constitute any part of the terms or conditions of this policy. L INSURING AGREEMENT 4 nan nan nan nan 1.0 DEFINITIONS Affiliates Auto Bodily Injury Business Interruption Losses Cargo Carrier Claims Cleanup Costs Corrective Actions Defense Expenses Discovered Environmental Laws Insureds Leased Worker Liabilities Loss of Rental Income Loss of Use Mobile Equipment Mitigation Actions Named Insured Natural Resource Damage EIL001 0712 | 2 |
Environmental Impairment Liability Polic 1L Non Owned Disposal Sites Operations Period of Restoration Policy Policy Period Pollutants Pollution Conditions Property Damage Regulatory Bodyies Restorative Actions Retroactive Date Scheduled Location Temporary Worker Termination Date Third Partyies Transported Cargo EXCLUSIONS Acts of War Asbestos Automobiles Certain Damages Compliance Actions and Improvements Contractual Liability Course of Employment Insured versus Insured Intentional or Illegal Acts Known Conditions Lead Based Paint Mold Silica Subsequent to Property Transfer Transportation Underground Storage Tanks Workers Compensation Wrongful Delivery EIL001 0712 | 2 |
Environmental Impairment Liability Polic v. VL VIL LIMITS OF INSURANCE Maximum Limits of Liability Limits of Liability Settlement SELF INSURED RETENTION EXTENDED REPORTING PERIOD Automatic Extended Reporting Period Optional Extended Reporting Period CONDITIONS Notice Of Pollution Conditions and Claims Defense and Cooperation And Assistance Of The Insured Inspection Actions Prejudicial To The Company Mitigation Actions Subrogation Named Insured As Agent Assignment No Action Against Company Changes Cancellation Nonrenewal Additional Premiums Representations and Covenants Other Insurance Concealment or Fraud Separation Of Insured nan nan nan nan 17.0 nan 17.0 nan 17.0 nan 18.0 nan nan nan 19.0 nan nan nan 19.0 nan 19.0 nan 20.0 nan nan nan 21.0 nan 21.0 nan 22.0 nan 23.0 nan 23.0 nan 23.0 nan 24.0 nan 24.0 nan 24.0 nan 24.0 nan 25.0 nan 25.0 nan 26.0 nan 26.0 nan 26.0 nan 27.0 nan 27.0 nan 27.0 EIL001 0712 | 2 |
Environmental Impairment Liability Policy The Company in consideration of the payment of the premium and in reliance upon all representations and warranties contained in the application submitted to the Company and made a part of this Policy including any addendum or addenda and subject to all provisions of this Policy subsequently set forth herein agrees with the Named Insured as follows. INSURING AGREEMENT COVERAGE The Company shall pay up to the Limits of Liability and in excess of the Self Insured Retention on behalf of the Insured all Cleanup Costs of the Insured Liabilities for Property Damage to a Third Party including Cleanup Costs e Liabilities for Bodily Injury to a Third Party and Defense Expenses resulting from Pollution Conditions at upon within under or migrating from a Scheduled Location which commenced during the Policy Period or after the Retroactive Date if any and were Discovered and reported to the Company during the Policy Period the Automatic Extended Reporting Period or the Optional Extended Reporting Period if any. A Claim under this coverage must be reported to the Company in accordance with Section VII. Conditions. DEFINITIONS Words and phrases in italics in this Policy have the following special meaning Affiliates The term Affiliates means all affiliates of the Insured including without limitation subsidiary or parent entities shareholders members partners owners joint venturers directors managers officers employees Leased Workers Temporary Workers or immediate family of any of the Insureds. EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Auto The term Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. Auto does not include Mobile Equipment. However self propelled vehicles with the following types of permanently attached equipment are not Mobile Equipment but will be considered Autos Equipment designed primarily for snow removal road maintenance other than construction or resurfacing or street cleaning e Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and e Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. Bodily Injury The term Bodily Injury means sickness disease mental anguish emotional distress or physical injury sustained by a Third Party including death resulting therefrom. Business Interruption Losses The term Business Interruption Losses means The actual loss sustained during the Period of Restoration by a Third Party due to the necessary suspension of business activities resulting directly from Pollution Conditions at a Scheduled Location not to exceed the net income net profit or loss before income taxes that would have been earned or incurred in the absence of suspension of Operations The necessary expenses incurred by a Third Party o as aresult of the suspension of Operations and o to avoid or minimize the loss suffered by the Third Party as a result of the suspension of Operations. The amount payable by the Company for Business Interruption Losses shall be reduced in the event that Business Interruption Losses could have been reduced by e acomplete or partial resumption of Operations whether the location of Operations was damaged or not or EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy by making use of other property at any other location or by making use of stock raw in process or finished. The Company shall not be liable for any Claims resulting from the suspension lapse or cancellation of any lease license contract or order unless such suspension lapse or cancellation is directly and primarily caused by the interruption of business resulting from the Pollution Condition. The liability of the Company for Business Interruption Losses shall in addition to the limitations set forth herein be further limited to the period of twelve 12 calendar months from the date of the Claim. Cargo The term Cargo means goods products or wastes carried for delivery on or within an Auto that is properly licensed to transport such goods products or wastes. Carrier The term Carrier means a person or entity other than the Insured or any subsidiary or affiliate company of the Insured properly licensed to engaged in the businesses of transporting property for hire by Auto Watercraft or rolling stock. Claims The term Claims means written notice during the Policy Period toan nsured from a Third Party seeking to hold any Insured responsible for Liabilities resulting from Pollution Conditions at upon within under or migrating from a Scheduled Location or by the nsured seeking coverage for Cleanup Costs resulting from Pollution Conditions at upon within under or migrating from a Scheduled Location. EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Cleanup Costs The term Cleanup Costs means the reasonable and necessary costs incurred in performing Corrective Actions andor Restorative Actions at upon within under or migrating from a Scheduled Location. Costs incurred by the use of Affiliates to perform Corrective Actions or Restorative Actions or to act in any manner with respect to a Claim are not included in Cleanup Costs. Corrective Actions The term Corrective Actions means actions undertaken with the prior written approval of the Company to investigate test sample monitor cleanup remove remediate treat dispose of neutralize or immobilize Pollutants resulting from a Pollution Condition. Corrective Actions for a Pollution Condition shall be deemed completed when the condition of the property e satisfies the applicable Risk Based Standards or ano further action letter closure or other approval is received from the appropriate Regulatory Body. For the purposes of this Policy Applicable Risk Based Standards shall mean those standards developed by the appropriate Regulatory Body for the cleanup of the Pollutants e for similar property in the same geographic area as the Scheduled Location and based upon the land use of the Scheduled Location at the time of inception of this Policy. Corrective Actions shall also include the preparation of customary reports related to such actions. Corrective Actions or Mitigation Actions that require an emergency response pursuant to Section VII. Conditions do not require the prior written approval of the Company. EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Defense Expenses Discovered The term Defense Expenses means the reasonable legal costs charges and expenses incurred by the Company fees and expenses of any third party administrator for the Company or with the prior written approval of the Company by an Insured in the investigation adjustment or defense of Claims with respect to e the determination of any Liability or Cleanup Costs. Defense Expenses do not include salary charges of regular employees or officials of the Company fees and expenses of supervisory counsel retained by the Company or the time and expense incurred by the nsured in assisting in the investigation or resolving a Claim or in connection with Cleanup Costs including but not limited to the cost of the nsured s in house counsel. The term Discovered means the point in time at which any officer director executive or employee responsible for environmental compliance of an Insured becomes aware of the existence of a Pollution Condition. Environmental Laws Insureds EIL001 0712 The term Environmental Laws means any federal state provincial foreign or local laws including but not limited to statutes rules regulations ordinances guidance documents and governmental judicial or administrative orders and directives that are applicable to Pollution Conditions. The term Insureds means the following o The Named Insured Any present or former director officer or employee of the Named Insured while acting or failing to act within the scope of his her duties as such The current spouse of any current owner director or officer of the Named Insured but solely with respect to the liability of each Insured as otherwise covered by this Policy The heirs executors administrators guardians and legal representatives of each Insured in the event of death incapacity or bankruptcy but solely with respect to the liability of each Insured as otherwise covered by this Policy and Any person or organization acting as the Insured s real estate manager. EIL001 0712 | 2 |
Environmental Impairment Liability Policy No person or organization is an nsured with respect to the conduct of any current or past partnership joint venture or any other entity unless such entity is set forth as a Named Insured in the Declarations. Leased Worker The term Leased Worker means a person leased by a labor leasing firm to perform duties related to the conduct of the lessee s business. Leased Worker does not include Temporary Worker. Liabilities The term Liabilities means those sums that the Insured becomes legally obligated to pay to Third Parties as a result of Claims for Bodily Injury Property Damage or e Cleanup Costs. Loss of Rental Income The term Loss of Rental Income means the actual loss sustained by a Third Party due to the required suspension of rental activities during the Period of Restoration at a location directly damaged by a Pollution Condition plus necessary expenses incurred by a Third Party e asaresult of the suspension of its rental activities at the location directly damaged by a Pollution Condition and toavoid or minimize the loss suffered by the Third Party as a result of the suspension of rental activities at the location directly damaged by a Pollution Condition. Loss of Rental Income shall not exceed the net income net profit or loss before income taxes that would have been earned or incurred in the absence of suspension of rental activities and is further limited to the period of twelve 12 calendar months from the date of the Claim. EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Loss of Use The term Loss of Use means the lesser of Business Interruption Losses or Loss of Rental Income. Mobile Equipment The term Mobile Equipment means any of the following types of land vehicles including any attached machinery or equipment Mitigation Actions Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads. Vehicles maintained for use solely on or next to premises you own or rent. Vehicles that travel on crawler treads. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted Power cranes shovels loaders diggers or drills or Road construction or resurfacing equipment such as graders scrapers or rollers. Vehicles not described in the above definition that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or Cherry pickers and similar devices used to raise or lower workers. Vehicles not described in the above definition maintained primarily for purposes other than the transportation of persons or cargo. The term Mitigation Actions means those actions set forth in Section VII. Conditions. EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Named Insured The term Named Insured means the proprietor partners or organization identified as the Named Insured in the Declarations. Natural Resource Damage The term Natural Resource Damage means physical injury to or destruction of including the resulting loss of value of land fish wildlife biota air water groundwater drinking water supplies and other such resources belonging to managed by held in trust by appertaining to or otherwise controlled by the United States including the resources of the fishery conservation zone established by the Magnuson Stevens Fishery Conservation and Management Act 16 U.S.C. 1801 et seq. any state or local government any foreign government any Indian tribe or if such resources are subject to a trust restriction on alienation any member of an Indian tribe. Non Owned Disposal Sites Operations The term Non owned Disposal Sites means Liabilities arising from an Insured s disposal of wastes at a treatment storage or disposal facility that is not owned or operated by the Insured and that is scheduled by endorsement on the Non Owned Disposal Site Coverage Endorsement. The term Operations means the business activities of a Third Party occurring at a location damaged by a Pollution Condition. Period of Restoration The term Period of Restoration means the period of time that begins with the date that a Claim from a Third Party is received by an Insured or is made by the Insured to the Company and ends on the date when the property at the Scheduled Location is repaired rebuilt or replaced with reasonable speed and similar quality. Period of Restoration does not include any delay caused by the enforcement of any local or state ordinance or law regulating the construction use or repair or demolition of property. The expiration date of this Policy does not end the Period of Restoration. EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Policy Policy Period Pollutants The term Policy means this document as well as the application all endorsements declarations modifications and addenda thereto. The term Policy Period means the period set forth in the Declarations any shorter period arising as a result of cancellation or non renewal or any other period as changed by endorsement. The term Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals toxic chemicals liquids or gases other irritants or contaminants or any discarded materials of any kind. Pollutants shall not include Source Material Special Nuclear Material or Byproduct Material as such terms are defined in the Atomic Energy Act of 1954. Pollution Conditions The term Pollution Conditions means the gradual or sudden unintended discharge dispersal release or escape of Pollutants at upon within under or migrating from a Scheduled Location which the Insured had not Discovered at the time of inception of this Policy unless such previously Discovered Pollution Condition has been listed by endorsement is first reported to the Company during the Policy Period and commenced during the Policy Period or after the Retroactive Date if any. Property Damage The term Property Damage means the following Physical injury to or destruction of property of Third Parties Natural Resource Damage Loss of Use of tangible property of Third Parties and e the lesser of i the diminution of value of tangible property of Third Parties directly attributable to the effects of Pollution Conditions or ii the reasonable costs of Restorative Actions for such property EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy but only to the extent the above injuries are not already remedied by Cleanup Costs. For purposes of determining the extent if any of diminution in value the value of the tangible property injured shall equal the replacement cost of such property reduced by physical depreciation and obsolescence as of the time the damage to such tangible property was sustained. Regulatory Bodyies The term Regulatory Bodyies means the federal state or foreign regulatory agency or agencies having jurisdiction with respect to a Pollution Condition. Restorative Actions The term Restorative Actions means actions undertaken with the prior written approval of the Company to repair replace or restore tangible property to substantially the same condition such tangible property was in prior to being damaged during work performed in the course of incurring Cleanup Costs. The cost of Restorative Actions at a Scheduled Location shall not exceed the diminution in value of the Scheduled Location as a result of the Pollution Condition. Retroactive Date The term Retroactive Date means the date identified as such and set forth in the declarations and is the earliest date that a Pollution Condition can have commenced for coverage to be provided under this Policy. Scheduled Location The term Scheduled Location means the insured locations identified on the declarations. Temporary Worker The term Temporary Worker means a person who is furnished to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Termination Date The term Termination Date means the effective date and hour of cancellation or nonrenewal of this Policy and the Policy Period as described in Section VII. Conditions. EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Third Partyies The term Third Partyies means any person or persons who are not Insureds Affiliates or contractors including without limitation any affiliates employees Leased Workers or Temporary Workers of such contractors of the Insured. Transported Cargo The term Transported Cargo means Cargo after it is moved from the place where it is accepted for movement into or on to the Covered Auto until the Cargo is moved from the Covered Auto to the place where it is finally delivered. Transported Cargo also includes Cargo during the loading and unloading to or from a Covered Auto provided that the loading or unloading is performed by the Insured. Transported Cargo does not include Cargo at rest for a period of longer than seventy two 72 hours after it has been accepted for movement into or onto a Covered Auto but before it reaches the place of final delivery. EXCLUSIONS This policy does not cover any Claims arising out of based upon resulting from or with respect to Acts of War The consequence of war invasion hostilities whether war be declared or not civil war rebellion revolution insurrection or military or usurped power strike riot or civil commotion. Asbestos Any Claim arising out of the existence of asbestos products fibers or asbestos dust unless specifically endorsed onto this Policy or Automobiles Any Claim arising out of the ownership maintenance use operation loading or unloading of any Auto aircraft watercraft or rolling stock except when on or at a Scheduled Location or Certain Damages Punitive or exemplary damages multiplied damages assessments fines or penalties including those arising from criminal actions. Compliance Actions and Improvements EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Funds spent for additions equipment upgrades or physical improvements to the Scheduled Location or other property of the Insured undertaken voluntarily or to assure future compliance with applicable laws rules or regulations. Contractual Liability The liability of others assumed by an Insured under any contract or agreement unless the liability of such nsured would exist in the absence of a contract or agreement. Course of Employment Any injury to any Affiliates in the course of employment by the Insured or performing duties related to the conduct of the Insured s business or e to the spouse child parent brother sister personal representative guardian or other party authorized to act on behalf of the injured party as a consequence of the injury. Insured versus Insured By any past or present Insured against any Insured. This exclusion does not apply to additional Insureds under this Policy. Intentional or lilegal Acts Any Insured s e intentional willful deliberate non compliance with any statute regulation ordinance administrative complaint or notice of violation notice letter executive order or instruction of any governmental agency or body or e dishonest illegal fraudulent or criminal act. Known Conditions Any Pollution Conditions Discovered prior to the inception of this Policy. This exclusion does not apply to Pollution Conditions disclosed to the Company prior to the inception of this Policy and specifically listed by endorsement. EIL001 0712 EIL001 0712 | 2 |
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