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d Ator from any premises site or location on which any insured or any contractors or subcontractors working directly or in directly on any insured s behalf are per forming operations if the poliutants are brought on or to the premises site or lo cation in connection with such opera tions by such insured contractor or sub contractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lu bricants or other operating fluids which are needed to perform the normal electrical hydraulic or me chanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or re lease of the fuels lubricants or other operating fluids or if such fuels lu bricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being per formed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connec tion with operations being performed by you or on your behalf by a con tractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or in directly on any insured s behalf are per forming operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the ef fects of pollutants. f. Pollution. 1 Bodily injury or property damage arising out of the actual alleged or threatened dis charge dispersal seepage migration re lease or escape of poliutants a Atorfrom any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your pol icy as an additional insured with re spect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any in sured other than that additional in sured or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the han dling storage disposal processing or treatment of waste c Which are or were at any time trans ported handled stored treated dis posed of or processed as waste by or for i Any insured or i Any person or organization for whom you may be legally responsible or Page 3 of 16 u 1SO Properties Inc. 2006 CG 00011207 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up re move contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a gov ermmental authority for damages be cause of testing for monitoring cleaning up removing containing treating de toxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a govern mental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or en trustment to others of any aircraft auto or wa tercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employ ment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrust ment to others of any aircraft auto or water craft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured con tract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equip ment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is li censed or principally garaged or the operation of any of the machinery or equipment listed in Paragraph f.2 or.3 of the definition of mobile equip ment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any govern ment sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental au thority in hindering or defending against any of these. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restora tion or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured b 3 2 Page 4 of 16 ISO Properties Inc. 2006 CG 00011207 | 1 |
This exclusion does not apply to the loss of use of other property arising out of sudden and ac cidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or ex pense incurred by you or others for the loss of use withdrawal recall inspection repair re placement adjustment removal or disposal of 1 Your product 2 Your work or 3 impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and ad vertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Distribution Of Material In Violation Of Statutes Bodily injury or property damage arising di rectly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmit ting communicating or distribution of mate rial or information. 5 That particular part of real property on which you or any contractors or subcontrac tors working directly or indirectly on your behalf are performing operations if the property damage arises out of those op erations or 6 That particular part of any property that must be restored repaired or replaced be cause your work was incorrectly per formed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the con tents of such premises rented to you for a pe riod of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Prem ises Rented To You as described in Section i Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclu sion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a sub contractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or danger ous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. Page 5 of 16 m ISO Properties Inc. 2006 CG 00011207 | 1 |
Exclusions c. through n. do not apply to damage by fire to premises while rented to you or tempo rarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Ill Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for per sonal and advertising injury to which this in surance does not apply. We may at our discre tion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section i Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insur ance in the payment of judgments or set tiements under Coverages A or B or medi cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under Supplementary Pay ments Coverages A and B. b. This insurance applies to personal and adver tising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowl edge that the act would violate the rights of an other and would inflict personal and advertis ing injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowi edge of its falsity. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to li ability for damages that the insured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied con tract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or per formance made in your advertisement. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertise ment.. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trade mark trade secret or other intellectual property rights. Under this exclusion such other intellec tual property rights do not include the use of another s advertising idea in your advertise ment. However this exclusion does not apply to in fringement in your advertisement of copy right trade dress or slogan.. Insureds In Media And internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or Page 6 of 16 1SO Properties inc. 2006 CG 00011207 u | 1 |
3 An Intemet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions Sec tion. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertis ing broadcasting publishing or telecasting. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the in sured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mis lead another s potential customers.. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time.. Pollution Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neu tralizing or in any way responding to or assessing the effects of pollutants. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any govern ment sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental au thority in hindering or defending against any of these. p. Distribution Of Material In Violation Of Statutes Personal and advertising injury arising di rectly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such faw or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmit ting communicating or distribution of mate rial or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the cover age territory and during the policy pe riod The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examina tion at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap plicable limit of insurance. We will pay reason able expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic de vices and 3 Necessary ambulance hospital sional nursing and funeral services. b profes ISO Properties Inc. 2006 Page 7 of 16 a CG 00011207 | 1 |
2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occu pies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a work ers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed opera tions hazard. g. Coverage A Exclusions Excluded under Coverage A. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment in terest based on that period of time after the of fer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or depos ited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur ance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks dam ages for which the insured has assumed the li ability of the indemnitee in a contract or agree ment that is an insured contract b. This insurance applies to such liability as sumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been as sumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that SUPPLEMENTARY PAYMENTS COVERAGES A no conflict appears to exist between the inter AND B ests of the insured and the interests of the in. N... demnitee 1. We will pay with respect to any claim we investi gate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the in sured at our request to assist us in the investi gation or defense of the claim or suit includ ing actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. e. The indemnitee and the insured ask us to conduct and control the defense of that indem nitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settiement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coor dinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and CG 00011207 o Page 8 of 16 1SO Properties Inc. 2006 | 1 |
b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attor neys fees incurred by us in the defense of that in demnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Cov erage A Bodily Injury And Property Damage Li ability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litiga tion expenses as Supplementary Payments ends when we have used up the applicable limit of in surance in the payment of judgments or seftle ments or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are 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 re spect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their du ties as your officers or directors. Your stock holders 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 du ties 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 fimited 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 em ployees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited li ability company to a coemployee while in the course of his or her em ployment or performing duties related to the conduct of your business or to your other volunteer workers while perform ing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee or volun teer worker as a consequence of Para graph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or con trol 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 mem ber if you are a limited liability company. b c d Page 9 of 16 o CG 00011207 1SO Properties Inc. 2006 | 1 |
b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That represen tative will have all your rights and duties 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 or majority interest will qualify as a Named In sured if there is no other similar insurance avail able to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION lll LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re gardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except 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 op erations hazard. 4. Subject to Paragraph 2. above the Personal and Advertising Injury Limit is the most we will pay un der Coverage B for the sum of all damages be cause of all personal and advertising injury sus tained 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 dam age arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Ex pense Limit is the most we will pay under Cover age 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 Bankruptey or insolvency of the insured or of the insured s estate will not relieve us of our obliga tions under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may resuilt in a claim. To the extent pos sible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and CG 00011207 n Page 10 of 16 ISO Properties Inc. 20068 | 1 |
3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written no tice of the claim or suit as soon as practica ble. c. You and any other involved insured must 1 Immediately send us copies of any de mands notices summonses or legal pa pers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap plicable limit of insurance. An agreed settlement means a settiement and release of liability signed by us the insured and the claimant or the claim ant s legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover ages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Para graph b. below applies. If this insurance is pri mary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insur ance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occu pied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occu pied by you with permission of the owner or iv If the loss arises out of the mainte nance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Dam age Liability. b Any other primary insurance available to you covering liability for damages aris ing out of the premises or operations or the products and completed operations for which you have been added as an additional insured by attachment of an endorsement. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer de fends we will undertake to do so but we will be entitted to the insured s rights against all those other insurers. CG 00011207 ISO Properties Inc. 2006 Page110of16 O | 1 |
3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and selif insured amounts under all that other in surance. 4 We will share the remaining loss if any with any other insurance that is not de scribed 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. 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 con tributes equal amounts until it has paid its ap plicable 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 c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this in surance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought.. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The in sured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them.. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi ration date. If notice is mailed proof of mailing will be sufficient proof of notice. insurance of all insurers. 5. Premium Audit SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast a. We will compute all premiums for this Cover age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad vance premium is a deposit premium only. At the close of each audit period we will 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 computa tion and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accu rate and complete b. Those statements are based upon representa tions you made to us and or published to the general public or specific mar ket segments about your goods products or ser vices for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or ser vices for the purposes of attracting customers or supporters is considered an advertisement.. Auto means a. A land motor vehicle trailer or semitrailer de signed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a com pulsory or financial responsibility law or other motor vehicle insurance faw in the state where itis licensed or principally garaged. However auto does not include mobile equip ment CG 00011207 ISO Properties Inc. 2006 Page 12 of 16 | 1 |
3. Bodily injury means bodily injury sickness or disease sustained by a person including death re sulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or dam age 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 simi lar electronic means of communication provided the insured s responsibility to pay dam ages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Em ployee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter con stitution by laws or any other similar governing document.. Hostile fire means one which becomes uncon trollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective defi cient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the re pair replacement adjustment or removal of your product or your work or your fulfiliing the terms of the contract or agreement. 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of prem ises that indemnifies any person or organiza tion for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition op erations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property dam age to a third person or organization. Tort li ability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of con struction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in 2 above and supervisory inspection ar chitectural or engineering activities. CG 00011207 ISO Properties Inc. 2006 Page 13 of 16 n | 1 |
13. 14. However self propelled vehicles with the fol lowing types of permanently attached equip ment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not 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 Air compressors pumps and generators including spraying welding building clean ing geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehi cle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including con tinuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person oc cupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s or organi zation s goods products or services e. Oral or written publication in any manner of material that violates a person s right of pri vacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 3 10.Leased worker means a person leased to you by 1 1 1. I a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft water craft or auto to the place where it is finally de livered 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 at tached to the aircraft watercraft or auto..Mobile equipment means any of the following types of land vehicles including any attached ma chinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not main tained primarily to provide mobility to perma nently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing 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 per manently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building clean ing geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. CG 00011207 o ISO Properties Inc. 2006 Page 14 of 16 | 1 |
15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Products completed operations hazard a. Includes all bodily injury and property dam age occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical pos session or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the fol lowing 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 con tract 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. b. Does not include bodily injury or property damage arising out of 1 2 3 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 unioading of that vehicle by any insured The existence of tools uninstalled equip ment or abandoned or unused materials or Products or operations for which the classi fication listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occur rence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from com puter software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this in surance applies are alleged. Suit includes a. An arbitration proceeding in which such dam ages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our con sent. 19.Temporary worker means a person who is fur nished to you to substitute for a permanent em ployee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured soid handled dis tributed or disposed of by a You b Others trading under your name or A person or organization whose busi ness 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 du rability performance or use of your prod uct and CG 00011207 IS0 Properties Inc. 2006 Page 15 of 16 n | 1 |
2 The providing of or failure to provide warmn ings or instructions. c. Does not include vending machines or other property rented to or located for the use of oth ers but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality du rability performance or use of your work and 2 The providing of or failure to provide wam ings or instructions. CG 00011207 a ISO Properties Inc. 2006 Page 16 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY CG 00 68 05 09 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion q. of Paragraph 2. Exclusions of Sec tion 1 Coverage A Bodily Injury And Prop erty Damage Liability is replaced by the follow ing 2. Exclusions This insurance does not apply to q. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to vio late 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accu rate Credit Transaction Act FACTA or Any federal state or local statute ordi nance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and addi tions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmit ting communicating or distribution of material or information. 4 B. Exclusion p. of Paragraph 2. Exclusions of Sec tion Coverage B Personal And Advertising Injury Liability is replaced by the following 2. Exclusions This insurance does not apply to p. Recording And Distribution Of Material Or information In Violation Of Law Personal and advertising injury arising di rectly or indirectly out of any action or omis sion that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accu rate Credit Transaction Act FACTA or Any federal state or local statute ordi nance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and addi tions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmit ting communicating or distribution of material or information. Page 1 of 1 a Insurance Services Office Inc. 2008 CG 0068 0509 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS AND OKLAHOMA CHANGES TRANSFER OF RIGHTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. Condition 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Section V does not apply to COVERAGE C. MEDICAL PAYMENTS. Copyright Insurance Services Office Inc. 1984 CG 01091185 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 0134 08 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES POLLUTION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Subparagraph f. Pollution of Paragraph 2. Exclusions under Section Coverage A Bodily Injury And Property Damage Liability Coverage and to Subparagraph m. Pollution of Paragraph 2. Exclusions under Section I Coverage B Personal And Advertising injury Liability or to any amend ment to or replacement thereof This Pollution Exclusion applies even if such irritant or contaminant has a function in your business operations premises site or location. IS0 Properties Inc. 2003 CG 01340803 Page 1 of 1 a | 2 |
POLICY NUMBER THIC ENPDOL POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 03000196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE SCHEDULE Coverage Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE Bodily Injury Liability OR Property Damage Liability OR Bodily Injury Liability andor Property Damage Liability Combined If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductibles apply to damages for all bodily injury and property damage however caused Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE b. Under Property Damage Liability Cover age to all damages sustained by any one person because of property damage or c. Under Bodily injury Liability andor Property Damage Liability Coverage Combined to all damages sustained by any one person because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence. Iif damages are claimed for care loss of serv ices or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to property damage person in cludes an organization. A. Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as appli cable to such coverages. B. You may select a deductible amount on either a per claim or a per occurrence basis. Your se lected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Schedule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to all damages sustained by any one person because of bodily injury Copyright Insurance Services Office Inc. 1994 Page 1 of 2 o CG 03000196 | 2 |
2. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a per occurrence basis that deductible amount applies as follows a. Under Bodily Injury Liability Coverage to all damages because of bodily injury b. Under Property Damage Liability Cover age to all damages because of property damage or c. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence regard less of the number of persons or organizations who sustain damages because of that occurrence. C. The terms of this insurance including those with respect to 1. Our right and duty to defend the insured against any suits seeking those damages and 2. Your duties in the event of an occurrence claim or suit apply irrespective of the application of the de ductible amount. D. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us. Page 2 of 2 Copyright Insurance Services Office Inc. 1994 CG 03 000196 o | 2 |
COMMERCIAL GENERAL LIABILITY CG 04371204 POLICY NUMBER THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELECTRONIC DATA LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Loss Of Electronic Data Limit s Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Exclusion 2.p. of Coverage A Bodily Injury And D. For the purposes of the coverage provided by this Property Damage Liability in Section Cover ages is replaced by the following 2. Exclusions This insurance does not apply to p. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data that does not result from physical in jury to tangible property. B. The following paragraph is added to Section il Limits Of Insurance Subject to 5. above the Loss of Electronic Data Limit shown in the Schedule above is the most we will pay under Coverage A for property damage because of all loss of electronic data arising out of any one occurrence. C. The following definition is added to the Definitions Section Electronic data means information facts or pro grams stored as or on created or used on or transmitted to or from computer software includ ing 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. endorsement the definition of Property Damage in the Definitions Section is replaced by the fol lowing 17. Property damage means a. Physical injury to tangible property includ ing all resulting loss of use of that property. All such loss of use shall be deemed to oc cur at the time of the physical injury that caused it b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the oc currence that caused it or c. Loss of loss of use of damage to corrup tion of inability to access or inability to properly manipulate electronic data result ing from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occur rence that caused it. For the purposes of this insurance electronic data is not tangible property. POLICY NUMBER THIS ENDOF IS0 Properties Inc. 2003 Page 1 of 1 u CG 04371204 | 2 |
POLICY NUMBER THIS ENDOF POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Locations Of Covered Operations Information required to complete this Schedule if not shown above wili be shown in the Declarations. A. Section I Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the persons or additional insureds the following additional exclu organizations shown in the Schedule but only sions apply with respect to liability for bodily injury property This insurance does not apply to bodily injury or damage or personal and advertising injury property damage occurrinpgpger Y injury caused in whole or in part by N N B B o 1. All work including materials parts or equip 1. Your acts or omissions or ment furnished in connection with such work 2. The acts or omissions of those acting on your on the project other than service maintenance behalf or repairs to be performed by or on behalf of in the performance of your ongoing operations for the additional 15ureds at the location of the the additional insureds at the locations desig covered operations has been completed or nated above. 2. That portion of your work out of which the injury or damage arises has been put to its in tended use by any person or organization other than another contractor or subcontractor en gaged in performing operations for a principal as a part of the same project. Page 1 of 1 n ISO Properties Inc. 2004 CG 20 10 07 04 | 2 |
POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 2028 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the persons or additional insureds this insurance does not apply organizations shown in the Schedule but only to any occurrence which takes place after the with respect to liability for bodily injury property equipment lease expires. damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. POLICY NUMBER THIS ENDOF Page 1 of 1 o CG 20 28 07 04 IS0 Properties Inc. 2004 | 2 |
POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Location And Description Of Completed Opera tions Information required to complete this Schedule if not shown above will be shown in the Declarations. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury or property damage caused in whole or in part by your work at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the products completed operations hazard. ISO Properties Inc. 2004 Page 1 of 1 a CG 203707 04 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. Page 1 of 1 m IS0 Properties Inc. 2006 CG 21471207 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIQUOR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion c. of COVERAGE A Section is replaced by the following c. Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxica tion of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you 1 Manufacture sell or distribute alcoholic beverages 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 livelihood or 3 Serve or furnish alcoholic beverages without a charge if a license is required for such activity. Copyright Insurance Services Office Inc. 1988 CG 2150 09 89 Page 1 of 1 | 2 |
POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 21540196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED WRAP UP INSURANCE PROGRAM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description and Location of Operations If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section Cover ages This insurance does not apply to bodily injury or property damage arising out of either your ongoing operations or operations included within the products completed operations hazard at the location de scribed in the Schedule of this endorsement as a consolidated wrap up insurance program has been provided by the prime contractor project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated wrap up insurance program 1 Provides coverage identical to that provided by this Coverage Part 2 Has limits adequate to cover all claims or 3 Remains in effect. Copyright Insurance Services Office Inc. 1994 Page 1of 1 CG 2154 0196 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened in halation of ingestion of contact with expo sure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. ISO Properties Inc. 2003 CG 21671204 Page 10of 1 o | 2 |
COMMERCIAL GENERAL LIABILITY CG 21700108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insur ance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insur ance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in ac cordance with procedures established by the Secre tary of the Treasury. Certified act of terrorism means an act that is certi fied by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursu ant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. ISO Properties Inc. 2007 Page 1 of 1 o CG 21700108 | 2 |
COMMERCIAL GENERAL LIABILITY CG21760108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following 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 following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as pu nitive damages.. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror ism Risk Insurance Act for a certified act of terror ism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dan gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 2. The act is a violent act or an act that is dan gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CG 21760108 ISO Properties Inc. 2007 Page 10f1 o | 2 |
POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG22741001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED CONTRACTUAL LIABILITY COVERAGE FOR PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Contract Or Agreement If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. With respect to the contract or agreement desig 2 Liability for personal and advertising nated in the Schedule above Subparagraph e. of injury if Paragraph 2. Exclusions of Section Coverage liabili rtai busi B Personal And Aqvertising Injury Liability is 25 1 Zessirrseoig du replaced by the following ignated contract or agreement 2. Exclusions shown in the Schedule in which you assume the tort liability of an This i t is insurance doss ot apply t other. Tort liabilty means a liabil e. Contractual Liability ity that would be imposed by law Personal and advertising injury for which in the absence of any contract or the insured has assumed liability in a con agreement tract or agreement. b The personal and advertising This exclusion does not apply to injury occurs subsequent to the execution of the designated con tract or agreement shown in the Schedule and c The personal and advertising 1 Liability for damages that the insured would have in the absence of the contract or agreement or POLICY NUMBER THIS ENDOF ST IR MR R TG T 2 Liability for personal and advertising injury if a The liability pertains to your busi ness and is assumed in the des ignated contract or agreement shown in the Schedule in which you assume the tort liability of an other. Tort liability means a liabil ity that would be imposed by law in the absence of any contract or agreement b The personal and advertising injury occurs subsequent to the execution of the designated con tract or agreement shown in the Schedule and c The personal and advertising injury arises out of the offenses of false arrest detention or im prisonment. Page1of2 DO IS0 Properties Inc. 2001 CG22741001 | 2 |
Solely for the purposes of liability so as sumed in such designated contract or agreement reasonable attorney fees and necessary litigation expenses in curred by or for a party other than an in sured are deemed to be damages be cause of personal injury described in Paragraph A.2.e.2c above provided i Liability to such party for or for the cost of that party s defense has also been assumed in the same designated contract or agreement and ii Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this in surance applies are alleged. B. With respect to the contract or agreement desig nated in the Schedule above the following is added to Section Supplementary Payments Coverages A And B If we defend an insured against a suit and an in demnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met 1. The suit against the indemnitee seeks dam ages for which the insured has assumed tort li ability of the indemnitee in a designated con tract or agreement shown in the Schedule if such liability pertains to your business. Tort li ability means a liability that would be imposed by law in the absence of any contract or agreement 2. This insurance applies to such liability assumed by the insured 3. The obligation to defend or the cost of the defense of that indemnitee has also been as sumed by the insured in the same designated contract or agreement 4. The allegations in the suit and the information we know about the offense are such that no conflict appears to exist between the interests of the insured and the interests of the indem nitee 5. The indemnitee and the insured ask us to con duct and control the defense of that indemnitee against such suit and agree that we can as sign the same counsel to defend the insured and the indemnitee and 6. The indemnitee a. Agrees in writing to 1 Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any de mands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and Cooperate with us with respect to coor dinating other applicable insurance available to the indemnitee and b. Provides us with written authorization to 1 Obtain records and other information related to the suit and 2 Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indem nitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supple mentary Payments. Notwithstanding the provisions of Paragraph A.2.e.2 of this endorsement such payments will not be deemed to be damages for personal and advertising injury as described in Paragraph A.2.e.2c above and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litiga tion expenses as Supplementary Payments ends when 1. We have used up the applicable limit of insur ance in the payment of judgments or settle ments or 2. The conditions set forth above or the terms of the agreement described in Paragraph 6. above are no longer met. 2 3 4 Page 2 of 2 IS0 Properties Inc. 2001 CG 22741001 o | 2 |
COMMERCIAL GENERAL LIABILITY CG 228007 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY This endorsement medifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Para graph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising in jury arising out of the rendering of or failure to render any professional services by you but only with re spect to your providing engineering architectural or surveying services in your capacity as an engineer architect or surveyor. Professional services include 1. Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2. Supervisory or inspection activities performed as part of any related architectural or engineering ac tivities. This exclusion does not apply to your operations in connection with construction work performed by you or on your behalf. CG 228007 98 Copyright Insurance Services Office Inc. 1997 Page 1of 1 m | 2 |
POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG24171001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY RAILROADS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad Designated Job Site If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. With respect to operations performed for or affecting a Scheduled Railroad at a Designated Job Site the definition of insured contract in the Definitions sec tion is replaced by the following 9. Insured Contract means a. A contract for a lease of premises. However that portion of the confract for a lease of prem ises that indemnifies any person or organiza tion for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured con tract b. A sidetrack agreement. Any easement or license agreement d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property dam age to a third person or organization. Tort li ability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations or Giving directions or instructions or fail ing to give them if that is the primary cause of the injury or damage 2 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in Paragraph 1 above and supervisory in spection architectural or engineering activi ties. b Paragraph f. does not include that part of any contract or agreement 1 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations or Giving directions or instructions or fail ing to give them if that is the primary cause of the injury or damage 2 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in Paragraph 1 above and supervisory in spection architectural or engineering activi ties. b ISO Properties Inc. 2000 Page 1 of 1 o CG 24171001 | 2 |
POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 26 58 02 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VIRGINIA CHANGES UNDERGROUND RESOURCES AND EQUIPMENT COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE POLICY NUMBER Underground Resources And Equipment Hazard Property Damage Aggregate Limit DESCRIPTION OF OPERATIONS Gasoline Recovery From casing head or natural gas Qil or Gas Lease Operations natural gas Qil or Gas Lease Operations natural gas within the limits of any town or city on the right of way of any rail road or in any ocean gulf or bay Oil or Gas Wells cleaning or swabbing by contractors Qil or Gas Wells cleaning or swabbing by contractors within the limits of any town or city on the right of way of any railroad or in any ocean gulf or bay Oil or Gas Wells drilling or redrilling installation or recovery of casing Qil or Gas Wells drilling or redrilling installation or recovery of casing within the limits of any town or city on the right of way of any railroad Qil or Gas Wells Non Operating Working Interest Oil or Gas Wells servicing by contractors Qil or Gas Wells shooting If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. The following provisions are added with respect to 8. Subject to 5. above the Underground Re property damage included within the underground sources and Equipment Hazard Property Dam resources and equipment hazard arising out of the age Aggregate Limit shown in the Schedule or operations performed by you or on your behalf and in the Declarations as subject to this endorse described in this endorsement ment is the most we will pay under Coverage A for the sum of damages because of all prop A. With respect to property damage included within byt ey o the underground resources and equipment haz erty damage included Wtlh hedundgrgrqqnd ard the following is added to Section lfl Limits resources and equipment hazard and arising out of operations in connection with any one Of Insurance well. rest 8. Subject to 5. above the Underground Re sources and Equipment Hazard Property Dam age Aggregate Limit shown in the Schedule or in the Declarations as subject to this endorse ment is the most we will pay under Coverage A for the sum of damages because of all prop erty damage included within the underground resources and equipment hazard and arising out of operations in connection with any one well. Copyright Insurance Services Office Inc. 1999 Page 10f2 CG 26 58 02 00 | 2 |
B. The following exclusions are added to Section Coverage A Bodily Injury And Property Dam age Liability This insurance does not apply to 1. Any costs or expense incurred by you or at your request or by or at the request of any co owner of the working interest in connection with con trolling or bringing under control any oil gas or water well 2. Damages claimed by any co owner of the working interest. C. The following definitions are added to the Defini tions Section 1. Co owner of the working interest means any person or organization who is with you a co owner joint venture or mining partner in min eral properties who a. Participates in the operating expense of such properties or b. Has the right to participate in the control development or operation of such proper ties. 2. Underground resources and equipment haz ard includes property damage to any of the following a. Oil gas water or other mineral substances which have not been reduced to physical possession above the surface of the earth or above the surface of any body of water b. Any well hole formation strata or area in or through which exploration for or production of any substance is carried on c. Any casing pipe bit tool pump or other driling or well servicing machinery or equipment located beneath the surface of the earth in any such well or hole or be neath the surface of any body of water. D. Upon the occurrence of a blow out or cratering of any oil gas or water well resulting from or in con nection with operations performed by you or on your behalf you agree that you will at your own cost and expense promptly and diligently take whatever steps are necessary or legally required of you or necessary for you or any other person to bring such well under control. e e e e T Page 2 of 2 Copyright Insurance Services Office Inc. 1999 CG 26 58 02 00 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR INJURY TO CO EMPLOYEES AND OR YOUR OTHER VOLUNTEER WORKERS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Specific Employees Volunteer Workers or Specific Job Titles as applicable to this endorsement. If no entry appears above the information required to complete this endorsement will be shown in the Declarations A. The following is added to Paragraph 2.a.1 of Section Il Who Is An Insured Paragraphs a b and c above do not apply to the specific employees or volunteer workers or any employees or volunteer workers holding the specific job titles designated in the Schedule of this endorsement with respect to bodily injury to a coemployee or other volunteer worker. B. Section Il Who Is An Insured paragraph 4.a. does not apply to any employees or volunteer workers holding a specific covered position designated in the Schedule of this endorsement. C. The following is added to Paragraph 4. Other insurance Condition under Section IV Commercial General Liability Conditions The coverage provided by this endorsement is excess over any other valid and collectible insurance that covers the liability of the designated employees or volunteer workers or an employee or volunteer worker holding a job title designated in the Schedule of this endorsement. I CG71401 06 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1of 1 | 2 |
Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED PROPERTY DAMAGE COVERAGE Schedule Limits of Insurance Deductible 5000 Each Occurrence 250 Per Claim 25000 Annual Aggregate Insuring Agreement We will pay for loss to personal property of others including the loss of use of such property while in your care custody or control or personal property over which you for any purpose are exercising physical control when 1. loss arises out of operations away from your premises 2. loss is incidental to your normal business operations and 3. you have property damage liability coverage for that business under the coverage form to which this endorse ment is attached. Loss means unintentional damage or destruction but does not include disappearance or obstruction. Exclusions The coverage under this endorsement does not apply to loss to 1. property held by you for servicing repair storage or sale on premises you own rent occupy or otherwise con trol 2. property while being transported by or caused by the ownership maintenance operation use loading or un loading of any automobile watercraft or aircraft 3. property you own rent or occupy 4. real property. Limit of Insurance The limit of insurance stated in the Schedule of Limits as each occurrence is the most we will pay for all damages on account of each claim or suit covered under this endorsement. The limit of insurance stated in the Schedule of Limits as Annual Aggregate is subject to the above provision respecting each claim the total limit of our liability for all damages under this endorsement in any one policy period. Deductible We will not be liable on account of any loss except to the extent such loss is in excess of the deductible amount stated in the Schedule of Limits with the insurance then applying to such excess only subject otherwise to the appli cable limits of insurance. The terms of the policy with respect to your duties in the event of occurrence claim or suit and our right to investi gate negotiate and settle any claim or suit apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settiement of any claim or suit and upon notification of the action taken you will promptly reimburse us for any part of the deductible amount as has been paid by us. Settlement In the event of loss covered by this endorsement you will if requested by us replace the property or furnish the labor and materials necessary for repairs at actual cost to you excluding prospective profit or overhead charges of any nature. Any property so paid for or replaced at our option becomes our property. Payment will not constitute an admission of any liability on your part. Other Insurance If any other insurance carried by you applies to a loss covered by this endorsement this endorsement will not ap ply. Nothing herein contained will be held to alter vary or waive any of the agreements conditions or declarations of this policy except as herein stated. Form CG7141 Ed. 5 90 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED CONSTRUCTION CONTRACTS INCLUDING COMPLETED OPERATIONS This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section Il Who Is An Insured is amended to include as an additional insured any person or organization when you have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions 2. The acts or omissions of those acting on your behalf in the performance of a. your ongoing operations for the additional insured or b. Your work for the additional insured and included in the products completed operations hazard. B. With respect to the insurance afforded to these additional insureds the following additional exclusion applies This insurance does not apply to bodily injury property damage and personal and advertising injury arising out of the rendering of or failure to render any professional architectural engineering or surveying services including a. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. Supervisory inspection architectural or engineering activities. C. The limits of insurance applicable to the additional insured are those specified in the Declarations of this policy or in the written contract or written agreement whichever is lower. D. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether that insurance is primary excess contingent or on any other basis unless you and the additional insured have specifically agreed in a written contract or written agreement that this insurance be primary. When coverage is provided on a primary basis we will not seek contribution from any other insurance available to the additional insured if a written contract or written agreement requires that this insurance be noncontributory. E. All other terms and conditions of this policy remain unchanged. CG71743108 Includes copyrighted material of ISO Properties Inc. with its permission. Page1df1 | 2 |
DUTIES IN THE EVENT OF OCCURRENCE OFFENSE CLAIM OR SUIT Section IV Commercial General Liability Condition paragraph 2. is amended by the following provision 1. The requirement in Condition 2.a. that 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 applies only when the occurrence or offense is known to a. You if you are an individual or a limited liability company A partner if you are a partnership A manager if you are a limited liability company d. An executive officer or insurance manag er if you are a corporation or e. Atrustee if you are a trust. 2. The requirement in Condition 2.b. that you must see to it that we receive notice of a claim or suit as soon as practicable will not be considered breached unless the breach occurs after such claim or suit is known to a. You if you are an individual or a limited liability company A partner if you are a partnership A manager if you are a limited liability company d. An executive officer or insurance manag er if you are a corporation or e. Atrustee if you are a trust. J. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Section IV Commercial General Liability Condition paragraph 6. is amended to add the following provision If you unintentionally fail to disclose any exposures existing at the inception date of your policy we will not deny coverage under this Coverage Part solely because of such failure to disclose. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy.. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. CG671911 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page20f2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED PROPERTY DAMAGE COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The COMMERCIAL GENERAL LIABILITY COVERAGE PART is amended to include the following extension of coverage. The provisions of the Coverage Part apply unless modified by this endorsement. SCHEDULE LIMITS OF INSURANCE DEDUCTIBLE 5000 EACH OCCURRENCE 250 EACH CLAIM 25000 ANNUAL AGGREGATE 1. INSURING AGREEMENT We will pay those sums that an insured becomes legally obligated to pay as damages because of property damage to real or personal property of others while the property is in the insured s care custody or controi or over which the insured is for any reason exercising physical control. Property damage must arise out of your operations as a contractor. 2. EXCLUSIONS a. Coverage A Section l Exclusions j3 and j5 are deleted in their entireties. b. Coverage A Section I Exclusion j4 is deleted and replaced with the following 1 Personal property in the care custody and control of an insured which is held for servicing repair storage or sale at premises owned rented operated or used by the insured. 3. LIMITS OF INSURANCE a. The each occurrence limit listed above is the most we will pay for all damages because of property damage to real and personal property in the care custody and control of an insured as the result of any one occurrence regardiess of the number of 1 insureds 2 claims made or suits brought 8 persons or organizations making claims or bringing suits. b. The aggregate limit listed above is the most we will pay for all damages because of property damage to real or personal property in your care custody and control during the policy period. Any payments we make for damages because of property damage to real or personal property in your care custody or control will apply against the General Aggregate Limit shown in the declarations. 4. DEDUCTIBLE Our obligation to pay damages on your behalf applies only to the amount of damages in excess of the deductible amount listed above. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification by us you will promptly reimburse us for that part of the deductible we paid. 5. OTHER INSURANCE Insurance provided by this endorsement is excess over any other insurance whether primary excess contingent or any other basis. Since insurance provided by this endorsement is excess we will have no duty to defend any claim or suit to which insurance provided by this endorsement applies if any other insurer has a duty to defend such a claim or 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 Form CG7253 Ed. 12 96 DEDUCTIBLE 250 EACH CLAIM | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition Section IV COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement 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. Includes copyrighted material of ISO Properties Inc. with its permission. CG755511 04 Page 1of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOTOR VEHICLE LAWS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following are added to COMMERCIAL GENERAL LIABILITY CONDITIONS Section IV 1. When this Coverage Part is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law the insurance provided by the coverage part for Bodily Injury Liability or Property Damage Liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. With respect to mobile equipment to which this insurance applies we will provide any liability uninsured motorists underinsured motorists no fault or other coverages required by any motor vehicle insurance law. We will provide the required limits for those coverages. CG75831 06 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOBILE EQUIPMENT AUTO AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Exclusion g. of Section Coverage A Bodily Injury and Property Damage Liability is replaced by the following g. Aircraft Auto or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of the operation of any of the equipment listed in Paragraph f.2 or.3 of the definition of mobile equipment. B. SECTION Il WHO IS AN INSURED is amended to add the following as Paragraph 4. 4. With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the CG758410 08 operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an insured with respect to a. Bodily injury to a coemployee of the person driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an insured under this provision. C. Paragraph 2. of SECTION V DEFINITIONS is replaced by the following 2. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. D. Paragraph 12. of SECTION V DEFINITIONS is replaced by the following 12. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment. a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or Page10f2 operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an insured with respect to a. Bodily injury to a coemployee of the person driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an insured under this provision. C. Paragraph 2. of SECTION V DEFINITIONS is replaced by the following 2. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. D. Paragraph 12. of SECTION V DEFINITIONS is replaced by the following 12. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment. a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or Page10f2 | 2 |
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 E. Paragraph 4. of Section IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following Any coverage afforded to you under this Coverage Form will be excess over any other valid and collectible Automobile insurance purchased by you for mobile equipment whether that coverage is excess contingent or on any other basis and any other valid and collectible umbrella liability insurance purchased by you. 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning Page 20f 2 CG758410 08 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS OCCURRENCE DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART For the purposes of the coverage provided by this endorsement Section V DEFINITIONS Paragraph 13. is amended to read Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions and also means accidental property damage but does not include faulty workmanship which is the defective condition of an insured s or subcontractor s work without a change or alteration in your work. CG76442 09 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
IL. 00 21 05 02 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 PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under 2 the policy is also an insured under a nuclear energy liability policy issued by Nuclear En ergy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nu clear Insurance Association of Canada or any of their successors or would be an in sured under any such policy but for its ter mination upon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation.. B. Under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the opera tion of a nuclear facility by any person or or ganization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored trans ported or disposed of by or on behalf of an insured or 3 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its ter ritories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any prop erty thereat. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material cial nuclear material or by product material. Spe C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored trans ported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its ter ritories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any prop erty 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. 2 3 ISO Properties Inc. 2001 1L 00 21 05 02 Page 10f2 | 2 |
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 ex posed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed pri marily for its source material content and b re sulting from the operation by any person or organi zation of any nuclear facility included under the first two paragraphs of the definition of nuclear fa cility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or pluto nium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c Any equipment or device used for the proc essing fabricating or alloying of special nu clear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located 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 premises or place prepared or used for the storage or dis posal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus 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. 1SO Properties Inc. 2001 1L 00 21 05 02 o Page 2 of 2 | 2 |
IL 02 59 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Com 6 Certification to the Director of Insurance mon Policy Condition are replaced by the follow of our loss of reinsurance which pro ing vided coverage to us for all or a sub 2. Cancellation Of Policies In Effect stantial part of the underlying risk in sured or a. 60 Days Or Less If this policy has been in effect for 60 days or less we may cancel this policy for any reason.. More Than 60 Days If this policy has been in effect for more than 60 days or if this is a renewal of a pol icy we issued we may cancel this policy only for one or more of the following rea sons 1 Nonpayment of premium 2 The policy was obtained through mate rial misrepresentation 3 Any insured has submitted a fraudulent claim 4 Any insured has violated the terms and conditions of this policy 5 The risk originally accepted has sub stantially increased 7 The determination by the Director of In surance that the continuation of the pol icy could place us in violation of the Ne braska Insurance Laws. c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of canceliation stating the reasons for cancellation at least 1. 10 days before the effective date of can cellation if we cancel for nonpayment of premium or 2. 60 days before the effective date of can cellation if we cancel for any other rea son. 3. We will mail our notice by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. IL 02 59 09 07 ISO Properties Inc. 2006 Page 1 0f 2 a | 2 |
B. Paragraph 6. of the Cancellation Common Policy Condition does not apply. C. The following is added and supersedes any provi sions to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named In sured at least 60 days prior to the expiration date of this policy. 2. Any notice of nonrenewal will be mailed by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. Page 20of2 ISO Propetties Inc. 2006 1L 0259 09 07 o | 2 |
IL 02 6109 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy 4 Unfavorable underwriting factors specific to Condition is replaced by the following you exist that were not present at the in 2.a. We may cancel this policy by mailing or deliv ception of this policy ering to the first Named Insured written notice 5 A determination by the insurance commis of cancellation stating the reasons for cancel sioner that continuation of coverage could lation at least place us in a hazardous financial condition 1 10 days before the effective date of cancel orin violation of the laws of Kansas or lation if we cancel for nonpayment of pre 6 A determination by the insurance commis mium. sioner that we no longer have adequate re 2 30 days before the effective date of cancel insurance to meet our needs. lation if we cancel for any other reason. B. Ihe following is added and supersedes any condi. If this policy has been in effect for 90 days or tion to the contrary more or if it is a renewal of a policy we issued NONRENEWAL we may cancel this policy only for one or more 1. If we decide not to renew this policy we will of the following reasons mail or deliver written notice of nonrenewal 1 Nonpayment of premium stating the reasons for nonrenewal to the first 3 2 This policy was issued because of material misrepresentation 3 You or any other insured violated any of the material terms and conditions of this policy Named Insured at least 60 days prior to the expiration of the policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured s last mail ing address known to us. If notice is mailed proof of mailing will be sufficient proof of no tice. It ISO Properties Inc. 2006 IL 02 61 09 07 Page1of1 O | 2 |
. We will mail or deliver our notice to the first Named Insured s and any loss payee s last mailing address known to us.. Notice of cancellation will state a. The reason for cancellation and b. The effective date of cancellation. The policy period will end on that date.. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be ef fective even if we have not made or offered a refund.. If notice is mailed a post office department certificate of mailing is proof of receipt of no tice. However if cancellation is for nonpayment of premium a certificate of mailing is not re quired. B. The following is added and supersedes any other provision to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal to the first Named Insured and any loss payee at least 45 days before the expiration date of this policy except if a. We have offered to issue a renewal policy or b. You have failed to pay a premium due or any advance premium required by us for renewal 2. If notice is mailed a post office department certificate of mailing is proof of receipt of no tice. Page 2 of 2 ISO Properties inc. 2007 IL 02 76 09 08 | 2 |
INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The policy does not apply to bodily injury personal injury or personal and advertising injury if defined as such in your policy or property damage including any associated clean up obligations arising out of the installation existence removal or disposal of asbestos or any substance containing asbestos fibers. 1L702810 05 Page 10f1 | 2 |
A EMC Insurance Companies EMCASCO INSURANCE COMPANY POLICY NO 4D6 49 78 15 FALEWITCH CONSTR EFF DATE 010114 EXP DATE 010115 TERM 1.000 SIMPLIFIED COMMERCIAL GENERAL LIABILITY RATING WORKSHEET ek ok ke Rk Rk ok kb ok ko ok ok ok kb ok Sk ok ek ko kS Sk ek ok ok ok ok ok ok kR K K ACCOUNT DOMICILE STATE NE LOCATION STATE IA EXPENSE REDUCTION ER 0.0 LOCATION STATE KS EXPENSE REDUCTION ER 0.0 LOCATION STATE MO EXPENSE REDUCTION ER 0.0 LIMITS OF LIABILITY GEN AGGR LIM 2000000 PROD COMPL OPS 2000000 EACH OCC LIM 1000000 LOCATION 001 SUB 334 ST NE TERR 502 NET ANNUAL PRO TERM CLASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PREM SCHED cc SSRP 1.000 X EXPER 1.000 X ER 1.000 X PKG 0.900 X OTHER 1.000 MOD 0.900 44444 IF ANY 50 SCHED cc SSRP 0.670 X EXPER 0.850 X ER 1.000 X PKG 0.900 X OTHER 0.995 MOD 0.510 61217 30.420 2 1.49 0.510 23.116 12500 289 91341 11.426 3 1.74 0.510 10.139 IF ANY 91590 8.740 3 1.74 0.005 0.510 7.734 121900 943 98449 8.979 2 1.49 0.510 6.823 IF ANY 0 SUB 334 ST NE TERR 999 SCHED cc SSRP 1.000 X EXPER 1.000 X ER 1.000 X PKG 0.900 X OTHER 1.000 MOD 0.900 87224 1 25 87509 1 0 87511 1 200 87654 10 50 87741 IF ANY 150 87747 1 50 87748 1 150 87780 2 150 87786 1 125 87789 1 0 87808 1 200 87830 1 832 LOCATION SUBLINE TOTAL 3214 SUB 336 ST NE TERR 999 NET ANNUAL PRO TERM CLASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PREM SCHED cc SSRP 0.670 X EXPER 0.850 X ER 1.000 X PKG 0.900 X OTHER 0.995 MOD 0.510 91341 12.074 B 1.62 0.510 9.976 IF ANY 0 98449 27.692 B 1.62 0.510 22.879 IF ANY 0 DATE OF ISSUE 010614 BPP CONTINUED WORK GL BPP 101513 007 Jo 4D64978 1501 FALEWITCH CONSTR EFF DATE 010114 EX LOCATION 001 SUB 334 ST NE TERR 502 NET ANNUAL PRO TERI ASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PREI 4 0.510 4 0.005 0.510 L9 0.510 10.139 7.734 6.823 IF ANY 121900 IF ANY 37509 37511 37654 37741 37747 37748 37780 37786 37789 37808 37830 SUB 336 ST NE TERR 999 LOCATION SUBLINE TOTAL NET ANNUAL ASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE 3214 PRO RATE TERI PREI 18449 27.692 3 1.62 0.510 22.879 IF ANY | 2 |
A EMC Insurance Companies PAGE 2 EMCASCO INSURANCE COMPANY POLICY NO 4D6 49 78 15 FALEWITCH CONSTR EFF DATE 010114 EXP DATE 010115 LOCATION SUBLINE TOTAL 0 SUB CTR ST NE TERR 999 NET ANNUAL PRO TERM CLASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PREM 87604 22.940 5 1.32 0.000 0.510 15.443 IF ANY 0 87610 7.200 5 1.32 0.000 0.510 4.847 2166400 10501 87625 20.170 5 1.32 0.000 0.510 13.578 155250 2108 87628 33.010 5 1.32 0.000 0.510 22.222 IF ANY 0 87639 12.520 5 1.32 0.000 0.510 8.428 448000 3776 LOCATION SUBLINE TOTAL 16385 ADDITIONAL INTEREST CLASS FLT PRO TERM SUB CLASS PREMIUM RATE CHG RATE PREM 1334 87789 150 150 1334 87509 90 90 1CTR 87610 10501 35 35 2CTR 87610 10501 8 8 3CTR 87610 10501 7 7 LOCATION 002 SUB CTR ST KS TERR 999 NET ANNUAL PRO TERM CLASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PREM SCHED cc SSRP 0.600 X EXPER 0.850 X ER 1.000 X PKG 1.000 X OTHER 0.995 MOD 0.507 87610 9.300 5 1.31 0.000 0.507 6.177 IF ANY 0 87625 21.290 5 1.31 0.000 0.507 14.140 IF ANY 0 LOCATION SUBLINE TOTAL 0 DATE OF ISSUE 010614 BPP CONTINUED WORK GL BPP 101513 007 Jo 4D64978 1501 LOCATION SUBLINE TOTAL 0 SUB CTR ST NE TERR 999 NET ANNUAL PRO TERI LASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PREI 37610 37625 37628 37639 7.200 20.170 33.010 12.520 DITIONAL INTEREST SUB 1334 1334 1CTR 2CTR 3CTR CLASS 87789 87509 87610 87610 87610 CLASS PREMIUM 10501 10501 10501 5 5 5 5 1.32 1.32 1.32 1.32 RATE 0.000 0.000 0.000 0.000 0.510 4.847 2166400 0.510 13.578 155250 0.510 22.222 IF ANY 0.510 8.428 448000 LOCATION SUBLINE TOTAL 16385 FLT PRO TERM CHG RATE PREM 150 150 S0 90 35 35 8 8 7 7 PRO RATE RATE LOCATION 002 UB CTR ST KS TERR 999 NET ANNUAL PRO TERI LASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PREI 37625 21.290 5 1.31 0.000 0.507 14.140 IF ANY LOCATION SUBLINE TOTAL | 2 |
A EMC Insurance Companies PAGE 3 EMCASCO INSURANCE COMPANY POLICY NO 4D6 49 78 15 FALEWITCH CONSTR EFF DATE 010114 EXP DATE 010115 LOCATION 003 SUB 334 ST NE TERR 502 NET ANNUAL PRO TERM CLASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PREM SCHED ce SSRP 0.670 X EXPER 0.850 X ER 1.000 X PKG 0.900 X OTHER 1.000 MOD 0.513 49451A 20.000 2 1.49 0.513 15.287 IF ANY 0 LOCATION SUBLINE TOTAL 0 LOCATION 004 SUB 334 ST IA TERR 502 NET ANNUAL PRO TERM CLASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PREM SCHED cc SSRP 0.750 X EXPER 0.850 X ER 1.000 X PKG 0.800 X OTHER 0.995 MOD 0.507 91590 7.809 3 1.68 0.005 0.507 6.632 3100 21 98449 8.037 2 1.44 0.507 5.868 IF ANY 0 LOCATION SUBLINE TOTAL 21 SUB 336 ST IA TERR 999 NET ANNUAL PRO TERM CLASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PREM 98449 18.603 B 1.65 0.507 15.562 IF ANY 0 LOCATION SUBLINE TOTAL 0 SUB CTR ST IA TERR 999 NET ANNUAL PRO TERM CLASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PREM 87604 21.890 5 1.31 0.000 0.507 14.539 IF ANY 0 87610 7.410 5 1.31 0.000 0.507 4.921 140300 690 87625 19.370 5 1.31 0.000 0.507 12.865 20200 260 87639 16.390 5 1.31 0.000 0.507 10.886 3200 35 LOCATION SUBLINE TOTAL 285 DATE OF ISSUE 010614 BPP CONTINUED WORK GL BPP 101513 007 Jo 4D64978 1501 LOCATION 003 SUB 334 ST NE TERR 502 NET ANNUAL PRO TER LASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PREI LOCATION SUBLINE TOTAL LOCATION 004 UB 334 ST IA TERR 502 NET ANNUAL PRO TER LASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PREI 8449 SUB 336 LASS 08449 SUB CTR LASS 37604 37610 37625 37639 8.037 ST IA BASE XCU 18.603 ST IA BASE XCU 21.890 7.410 19.370 16.390 2 TERR 999 1.44 X BEXC X LIM B TERR 999 1. 65 X EXC X LIM 5 5 5 5 1. 1. 1. 1. 31 31 31 31 0.507 5.868 IF ANY LOCATION SUBLINE TOTAL NET ANNUAL DED X MOD RATE EXPOSURE 0.507 15.562 IF ANY LOCATION SUBLINE TOTAL NET ANNUAL DED X MOD RATE EXPOSURE 0.000 0.507 14.539 IF ANY 0.000 0.507 4.921 140300 0.000 0.507 12.865 20200 0.000 0.507 10.886 3200 LOCATION SUBLINE TOTAL PRO RATE PRO RATE 21 985 nan nan nan nan 21.0 | 2 |
A EMC Insurance Companies PAGE 4 EMCASCO INSURANCE COMPANY POLICY NO 4D6 49 78 15 FALEWITCH CONSTR EFF DATE 010114 EXP DATE 010115 LOCATION 005 SUB 334 ST MO TERR 501 NET ANNUAL PRO TERM CLASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PREM SCHED cc SSRP 0.750 X EXPER 0.850 X ER 1.000 X PKG 0.860 X OTHER 0.995 MOD 0.546 91580 16.416 3 1.85 0.005 0.546 16.537 IF ANY 0 91590 7.834 3 1.85 0.005 0.546 7.892 IF ANY 0 LOCATION SUBLINE TOTAL 0 SUB CTR ST MO TERR 999 NET ANNUAL PRO TERM CLASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PREM 87604 13.720 5 1.61 0.000 0.546 12.061 IF ANY 0 87610 6.010 5 1.61 0.000 0.546 5.283 IF ANY 0 87625 16.100 5 1.61 0.000 0.546 14.153 IF ANY 0 LOCATION SUBLINE TOTAL 0 TERRORISM CHARGE ST TIER TERM STATE TIER PREMIUM FACTOR PREM 1A 3 1006 0.008 8 KS 3 o 0.008 1 MO 3 0 0.008 1 NE 3 19889 0.008 159 TOTAL POLICY TERM PREMIUM 21064.00 DATE OF ISSUE 010614 BPP WORK GL BPP 101513 007 30 4D64978 1501 LOCATION 005 UB 334 ST MO TERR 501 NET ANNUAL PRO TERI LASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PREI 91590 7.834 3 1.85 0.005 0.546 7.892 IF ANY LOCATION SUBLINE TOTAL SUB CTR ST MO TERR 999 NET ANNUAL CLASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE 87604 13.720 5 1.61 0.000 0.546 12.061 IF ANY 87610 6.010 5 1.61 0.000 0.546 5.283 IF ANY 87625 16.100 5 1.61 0.000 0.546 14.153 IF ANY LOCATION SUBLINE TOTAL RRORISM CHARGE ST TIER STATE TIER PREMIUM FACTOR 1A 3 1006 0.008 KS 3 0 0.008 MO 3 0 0.008 NE 3 19889 0.008 TOTAL POLICY TERM PREMIUM PRO TER RATE PREI 159 21064.00 nan nan nan nan 159.0 nan nan nan 21064.0 | 2 |
A EMC Insurance Companies ENMCASCO INSURANCE COMPANY POLICY NO 4D6 49 78 15 FALEWITCH CONSTR TRANSACTION RENEWAL01 PRIOR POL 4D6 49 78 TRANSACTION INFORMATION POLICY TERM 01012014 TO 01012015 TRANS DATE 01012014 ACCOUNT NAME FALEWITCH CONSTR ACCOUNT MAILING STATE NE FINANCING Y AUDIT FREQUENCY A SIC 1751 ACCOUNT ORIGINAL EFF DATE 01241998 POLICY ID BA COMMISSION 15.0 CO BR AGENT B B8210 PROGRAM AP BILLING METHOD A PROFIT SHARE Y TYPE OF POLICY CONTR 38 TRANS PREMIUM 21064.00 PREMIUM 21064.00 DATE OF ISSUE 010614 BPP STAT GL BPP 101513 007 Jo 4D64978 1501 ALEWITCH CONSTR. TRANSACTION INFORMATIOI RIOR POL 4D6 49 78 IS DATE 01012014 R AGENT B B8210 RAM AP JING METHOD A IT SHARE Y POLICY TERM 01012014 TO 01012015 ACCOUNT NAME FALEWITCH CONSTR ACCOUNT MAILING STATE NE FINANCING Y AUDIT FREQUENCY A SIC 1751 ACCOUNT ORIGINAL EFF DATE 01241998 POLICY ID BA COMMISSION 15.0 1IUM | 2 |
AMCO INSURANCE COMPANY 29067 1100 LOCUST ST DEPT 1100 RENEWAL DES MOINES IA 50391 2000 COMMERCIAL GENERAL LIABILITY DECLARATIONS Policy Number ACP GLAO 7225439696 Named Insured IRRIGATION UNLIMITED INC Address 802 COREY RD HUTCHINSON KS 67501 1906 Agent WEJ INSURANCE INC 15 29067 001 Address WICHITA KS 67212 PRODUCER WEJ INSURANCE INC Policy Period From 021514 to 021515 1201 A.M. standard time at the address of the named insured as stated herein. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT other than products completed operations 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT see classification shown on 2000000 the attached schedule to determine aavicability of products liability coverage PERSONAL AND ADVERTISING INJURY LIMIT 1000000 EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT any one premises 100000 MEDICAL EXPENSE LIMIT any one person 5000 29067 RENEWAL roducts liabtity coverage 4 1000000 s 1000000 y one premises 100000 s 5000 SPRINKLERS D ENDORSEMENTS SCHEDULE TOTAL ADVANCE PREMIUM 6178.00 Countersigned By Auihorized Representative SURED COPY ACP GLAO 7225439606 959856072 72 0001253 Retroactive Date CG0002 only The Named Insured is CORPORATION Business of the Named Insured is INSTALLS YARD SPRINKLERS Audit Period ANNUAL ENDORSEMENTS ATTACHED TO THIS POLICY SEE COMMERCIAL GENERAL LIABILITY FORMS AND ENDORSEMENTS SCHEDULE 6178.00 TOTAL ADVANCE PREMIUM Replacement or Renewal Number ACP MCTO7215439696 GL D 10 98 DIRECT BILL LB7V 14056 INSURED COPY | 2 |
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AMCO INSURANCE COMPANY IN WITNESS WHEREOF the Company has caused this policy to be signed by its president and secretary and countersigned on the declarations page by a duly authorized representative of the company. W 1o Qs PRESIDENT Gt e Ao SECRETARY Page1of1 SP 00 02 01 08 nan nan nan nan 72.0 1254.0 nan nan nan nan 959856072.0 INSURED COPY ACP GLAO 7225439696 | 2 |
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AMCO INSURANCE COMPANY 1100 LOCUST ST DEPT 1100 DES MOINES 1A 50391 2000 COMMERCIAL GENERAL LIABILITY SCHEDULE Policy Number ACP GLAO 7225439696 Item No. Location and Description of Hazards Code No. Premium Basis Rates Advance Premium OTHER PR CO OTHER PR CO 001A Ks502 98483 PLUMBING RESIDEN TIAL OR DOMESTIC 938 COREY RD STE C HUTCHINSON KS675011985 002A KS502 91585 CONTRACTORS SUB CONTRACTED WORK IN CONNECTION WITH CONSTRUCTION RECON STRUCTION REPAIR OR ERECTION OF BUILDINGS 938 COREY RD STE C HUTCHINSON KS675011985 003A Ks502 99310 SNOW AND ICE REMOVAL CONTRACTOR cG2292 938 COREY RD STE C HUTCHINSON KS675011985 0228 Ks502 49950 CG7246 00lc KS502 77471 CONTRACTORS ENHANCEMENT PLUS 0 200000 PAYROLL 67323 IN7584 PAYROLL 90000 COST OF WORK IF ANY PAYROLL IF ANY FLAT CHARGE PER THOUSAND 12.779 45.868 1150 4128 PER THOUSAND 3.028 1.863 PER THOUSAND 7.962 5.346 500 400 Advance Premium R CO OTHER PR CO JSAND 5. 868 1150 46128 ISAND 1.863 ISAND 5. 346 500 600 PR CO 2050 6128 TAL ADVANCE PREMIUM 6178 rietor or Partner may be subject to a fixed ACP GLAO 7225439696 959856072 72 0001255 PAYROLL IF ANY PER THOUSAND 7.962 5.346 500 400 FLAT CHARGE Total Advance Other and PR CO 2050 6128 TOTAL ADVANCE PREMIUM 6178 NOTE For classes based on payroll each Executive Officer Sole Proprietor or Partner may be subject to a fixed amount. GL DS 12 93 DIRECT BILL L87V 14056 INSURED COPY ACP GLAO 7225439696 959856072 72 00012 INSURED COPY | 2 |
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AMCO INSURANCE COMPANY 1100 LOCUST ST DEPT 11 DES MOINES 1A 50391 2000 COMMERCIAL GENERAL LIABILITY FORMS AND ENDORSEMENTS Number ACP GLAO 7225439696 Period From 021514 To 021515 Named Insured IRRIGATION UNLIMITED INC Form CG0001 CG0109 CG0300 CG2147 CG2167 CG2170 CG2279 CG2292 CG2642 CG7023 CG7033 CG7248 CG7258 CG7323 CG7420 GC2187 L0017 1L0021 1L0261 13614 IN5017 IN7300 IN7584 IN7689 IN7695 GLDF 02 83 Date 0413 1185 0196 1207 1204 0108 0413 1207 0105 1096 0393 0212 0908 111 1211 0107 1198 0908 0907 1185 0593 0114 111 0413 0413 JIRECT BILL LB7V 14056 Title COMMERCIAL GENERAL LIABILITY COVERAGE FORM KANSAS OKLAHOMA CHANGES TRANSFER OF RIGHTS DEDUCTIBLE LIABILITY INSURANCE EMPLOYMENT RELATED PRACTICES EXCLUSION FUNGI OR BACTERIA EXCLUSION CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY SNOW PLOW OPERATIONS COVERAGE KANSAS CHANGES BINDING ARBITRATION EXCL ASBESTOS ELECTRO MAGNETIC RADIATION LEAD AND RADON TWO OR MORE COVERAGE FORMS OR POLICIES ISSUED BY US BLANKET ADDITIONAL INSURED ENDORSEMENT COMMERCIAL CONTRACTORS COVERAGE EXCLUSION OPERATIONS COVERED BY A CONSOLIDATED WRAP UP INS PROGRAM CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT EXCLUSION SUBSIDENCE OF LAND i CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSTION OF FEDERAL TERRORISM COMMON POLICY CONDITIONS. NUCLEAR ENERGY LIABILITY EXCLUSION KANSAS CHANGES CANCELLATION AND NONRENEWAL SPECIAL CONTINUATION PROVISION IMPORTANT NOTICES IMPORTANT NOTICE FOR RENEWAL POLICIES NOTICE TO POLICY HOLDERS POTENTIAL RESTRICTIONS OF TERRORISM COVERAGE NOTICE TO POLICYHOLDERS COMM GL CONTRACTORS ENHANCEMENT OR ENHANCEMENT PLU GENERAL LIABILITY FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS 2012 GENERAL LIABILITY KANSAS FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS INSURED COPY ACP GLAO 7225439696 959856072 72 0001256 AMCO INSURANCE COMPANY 1100 LOCUST ST DEPT 11 DES MOINES 1A 50391 2000 COMMERCIAL GENERAL LIABILITY FORMS AND ENDORSEMENTS Number ACP GLAO 7225439696 Named Insured IRRIGATION UNLIMITED INC Period From 021514 To 021515 LT 1e AN IMPORTANT NOTICES IN5017 IN7300 IN7584 IN7689 IN7695 GLDF 02 83 DIRECT BILL LB7V 14056 INSURED COPY | 2 |
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POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 030001 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE PER CLAIM SCHEDULE Coverage Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE Bodily Injury Liability OR Property Damage Liability 500 OR Bodily Injury Liability andor Property Damage Liability Combined If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductibles apply to damages for all bodily injury and property damage however caused Amount and Basis of Deductible PER OCCURRENCE or nan nan nan nan 500.0 A. Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay dam ages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. B. You may select a deductible amount on either a per claim or a per occurrence basis. Your se lected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Sched ule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to all damages sustained by any one person be cause of bodily injury 3odily Injury Liability and Coverages to pay dam es only to the amount of any deductible amounts above as applicable to ible amount on either a rrence basis. Your se to the coverage option ductible indicated by the le amount in the Sched e amount stated in the s follows f the deductible amount dule above is on a per tible applies as follows Liability Coverage to all i by any one person be iy b. Under Property Damage Liability Coverage to all damages sustained by any one per son because of property damage or c. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages sustained by any one person because of 1 Bodily injury 2 Property damage or 3 Bedily injury and property damage combined as the result of any one occurrence. If damages are claimed for care loss of ser vices or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to property damage person in cludes an organization. Copyright Insurance Services Office Inc. 1994 Page 1 0f 2 14056 INSURED COPY 72 0001257 CG 03000196 ACP GLAO7225439696 L87vV Page 1 of 2 72 0001257 | 2 |
CG 03000196 2. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a per occurrence basis that deductible amount applies as follows a. b. Under Bodily Injury Liability Coverage to all damages because of bodily injury Under Property Damage Liability Coverage to all damages because of property dam age or. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence regard less of the number of persons or organizations who sustain damages because of that occur rence. C. The terms of this insurance including those with respectto 1. Our right and duty to defend the insured against any suits seeking those damages and 2. Your duties in the event of an occurrence claim or suit apply irrespective of the application of the de ductible amount. D. We may pay any part or all of the deductible amount to effect setlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the de ductible amount as has been paid by us. CG 03 0001 96 72 0001258 Copyright Insurance Services Office Inc. 1994 14056 INSURED COPY Page 2 of 2 ACP GLAO7225439696 | 2 |
IN73 000114 Kk ke ok K IMPORTANT INSURANCE INFORMATION H k Kk KKk Please read this Notice carefully. No coverage is provided by this notice nor can it be construed to replace any provision of your policy. You should read your policy and review your declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this notice the provisions of the policy shall prevail. NOTICE TO POLICY HOLDERS POTENTIAL RESTRICTIONS OF TERRORISM COVERAGE This Notice has been prepared in conjunction with the POTENTIAL implementation of changes related to coverage of terrorism under your policy. The Terrorism Risk Insurance Act established a program Terrorism Risk Insurance Program within the Depariment of the Treasury under which the federal government shares with the insurance industry the risk of loss from future terrorist attacks. That Program is subject to a termination date of December 31 2014 unless extended by the federal government. If the federal Program terminates or is extended with certain changes prior to or during the term of your policy then the treatment of terrorism under your policy will change. This Notice is being provided 1o you for the purpose of summarizing potential impact on your coverage. The summary is a brief synopsis of significant exclusionary provisions and limitations. This Notice does not form a part of your insurance contract. The Notice is designed to alert you to coverage restrictions and 1o other provisions in certain terrorism endorsements in this policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. Carefully read your policy including the endorsements attached to your policy. YOUR POLICY DURING TENURE OF THE TERRORISM RISK INSURANCE PROGRAM AS THAT PROGRAM EXISTS PURSUANT TO THE TERRORISM RISK INSURANCE PROGRAM REAUTHORIZATION ACT OF 2007 This policy does not contain a terrorism exclusion. However the policy contains an endorsement under which coverage for certified acts of terrorism which is more fully defined in the endorsement is subject to a limit on our liability pursuant to the federal Terrorism Risk Insurance Act. Further the absence of a terrorism exclusion does not create coverage for any injury or damage that would otherwise be excluded under the policy such as losses excluded by the war liability exclusion. POTENTIAL CHANGE TO YOUR POLICY Endorsement CG 21 87 CG 32 20 in the State of Washington is attached to your policy. lts provisions become applicable to your policy only if certain events one or more of them occur. Those events include the following e If the federal Terrorism Risk Insurance Program TRIP terminates with respect to the type of insurance provided under this policy. TRIP is was scheduled to terminate at the end of December 31 2014 unless extended by the federal government. or If TRIP is exlended with changes that redefine terrorism and we are not required to make such revised coverage available to you or Page 1 of 2 72 0001239 IN730001 14 Includes copyrighted material of Insurance Services Office Inc. with its permission. ACP GLAO 7225439696 DIRECT BILL LB7V1405 INSURED COPY 6959856072 | 2 |
IN73 000114 If TRIP is extended with changes that make insurance coverage for terrorism subject to provisions or requirements that differ from those that apply to other events or occurrences under this policy and we are not required to make such revised coverage available to you or If TRIP is extended with changes that increase insurers slatutory percentage deductible under TRIP for terrorism losses or decrease the federal government s statutory percentage share in potential terrorism losses and we are not required to make terrorism coverage available to you. Our deductible is 20 of the total of our previous year s direct earned premiums. The government s share is 85 of the terrorism losses paid by us above the deductible. Endorsement CG 21 87 CG 32 20 in the State of Washington treats terrorism as follows Coverage for injury or damage arising out of a terrorism incident is excluded only if The total of all insured damage 1o all types of property including business interruption losses sustained by owners or occupants of damaged properiy from the incident exceeds 25 million. The 25 million properly damage threshold is based on losses sustained by all persons and entities who are affected by an incident of terrorism and who are insured for the damage or who would be insured but for a terrorism exclusion or Fifty or more persons sustain death or serious physical injury or To determine whether the threshold for property damage 25 million or persons injured fifty is exceeded multiple incidents of terrorism which occur within a seventy two hour period and appear to be linked together or have a related purpose or common leadership behind them shall be considered to be one incident of terrorism. The terrorism event involves nuclear malerials or resulis in nuclear reaction or radiation or radioactive contamination or The terrorism event involves the release of radioactive material and it appears that one purpose of the terrorism was 1o release such material or The terrorism event is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or The terrorism event involves the release of pathogenic or poisonous biological or chemical materials and it appears that one purpose of the terrorism was to release such materials. See the definition of terrorism for purposes of the terrorism exclusion. IN73000114 72 0001240 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. ACP GLAO72 2 543 L87V 14056 INSURED COPY IN7300011400 0000 | 2 |
ok Kk Ak kK ok IN758411 11 IMPORTANT INSURANCE INFORMATION k kK ok ok K Please read this Notice carefully. No coverage is provided by this notice nor can it be construed 1o replace any provision of your policy. You should read your policy and review your declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this notice the provisions of the policy shall prevail. NOTICE TO POLICYHOLDERS COMMERCIAL GENERAL LIABILITY CONTRACTORS ENHANCEMENT OR CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT The purpose of this notice is 1o make you aware of a change to the endorsements listed below. Your policy includes one of the following endorsements CG 728803 10 CG72890310 CG 73230510 CG 73250510 CG 733006 10 CG 73310610 CG 73320610 CG 736706 10 Contractors Enhancement Endorsement Contractors Enhancement Endorsement Contractors Enhancement Plus Endorsement Contractors Enhancement Plus Endorsement New York Contractors Enhancement Endorsement Virginia Contractors Enhancement Endorsement Virginia Contractors Enhancement Plus Endorsement New York Contractors Enhancement Plus Endorsement The additional insured coverage within these endorsements has been revised to specifically require that in order for there 10 be coverage for an additional insured the injury or damage must be caused in whole or in part by the acls or omissions of you or those acting on your behalf. This revision clarifies that coverage is not extended for injuries or damages caused by an additional insured s sole negligence. IN758411 11 ACP GLAO 7225439696 Page 1 of 1 DIRECT BILL LB7V1405 INSURED COPY 6959856072 72 0001241 IN758411 11 ok Kk Ak ok IMPORTANT INSURANCE INFORMATION ok ok Kok ok Please read this Notice carefully. No coverage is provided by this notice nor can it be construed 1o replace any provision of your policy. You should read your policy and review your declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this notice the provisions of the policy shall prevail. NOTICE TO POLICYHOLDERS COMMERCIAL GENERAL LIABILITY CONTRACTORS ENHANCEMENT OR CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT Page 1 of 1 72 0001241 IN758411 11 ACP GLAO 7225439696 DIRECT BILL LB7V1405 INSURED COPY nan nan nan nan 6959856072.0 | 2 |
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COMMERCIAL GENERAL LIABILITY IN76890413 COMMERCIAL GENERAL LIABILITY IN76890413 GENERAL LIABILITY FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS Your General Liability policy is changing but the basic coverages are similar. No coverage is provided by this summary nor can it be construed 1o replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. If your current policy includes any of the following endorsements the coverage has been broadened clarified or reduced as noted below. This notice does not reference every editorial change made in your policy. We have followed the policy sequence of provisions in setting out this material. CG 70 02 BODILY INJURY TO CO EMPLOYEES COVERAGE Minor corrections were made with no impact to coverage. HIRED AUTO AND NON OWNED AUTO LIABILITY COVERAGE Replacing CG 72 02 with CG 70 03 12 12 in Maryland only. Replacing CG 72 47 with CG 70 03 12 12 in Maine only. Replacing CG 70 48 with CG 70 03 12 12 in Kansas only. Replacing CG 70 50 with CG 70 03 12 12 in Minnesota only. Replacing CG 70 51 with CG 70 03 12 12 in Montana only. Replacing CG70 03 with updated CG 70 03 12 12 edition in all other states. A. REDUCTIONS IN COVERAGE 1. The fellow Employee Exclusion has been modified to exclude bodily injury of people in familial relationships with the insured. 2. Who Is an Insured has been modified with regard 1o non owned autos to limit coverage to pariners executive officers while non owned autos are being used in your business and employee s if they or those with familial relationships do not own the non owned auto being used in the insured s business. 3. We will no longer provide coverage for liability arising from the maintenance of Non Owned autos. 4. We will no longer provide coverage for attorney fees and litigation expenses assumed through Contractual Liability. 5. We will no longer provide coverage for liability assumed under a sidetrack agreement B. CLARIFICATIONS IN COVERAGE The Other Insurance Provision has been modified to clarify that coverage will be excess over any primary insurance. CG 70 68 GOLF COURSE ADDITIONAL INSURED ENDORSEMENT IN76830413 Includes copyrighted material of Insurance Services Office Inc. with its permission. ACP GLAO 7225439696 DIRECT BILL LB7V1405 INSURED COPY 6959856072 Page 1 of 2 72 0001242 | 2 |
COMMERCIAL GENERAL LIABILITY IN76890413 A. CLARIFICATIONS IN COVERAGE Who Is An Insured has been modified to remove volunteer workers as this is a defined term within the GG 00 o1 B. EXCLUSIONS Coverage C. Medical Payments has been modified to exclude payment of expenses for bodily injury to users of golf carts. CG 70 78 EXCLUSION TOBACCO PRODUCTS Minor corrections were made with no impact to coverage. CG 71 59 DAMAGE TO YOUR PRODUCT AUTO SERVICE A. CLARIFICATIONS IN COVERAGE The title of the form has been modified to clarify that the endorsement only applies to Auto Service risks. COMMERCIAL GENERAL LIABILITY COVERAGE ENHANCEMENT ENDORSEMENT Replacing CG 72 29 with CG 7212 12 11 in New Hampshire only. Replacing CG72 12 with updated CG 72 12 12 11 edition in all other states. A. CLARIFICATIONS IN COVERAGE Clarification added regarding the application of the deductible. GL 2199 EXCLUSION SUBSIDENCE OF LAND Replacing GL 21 99 with CG 74 20 12 11. A. REDUCTIONS IN COVERAGE Definition has been modified to include artificial causes and the result of erosion contraction and settling. IN 76 89 0413 72 0001243 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. ACP GLAO72 2 5439696 LB7V 14056 INSURED COPY IN7689041300 0000 | 2 |
COMMERCIAL GENERAL LIABILITY IN76 9504 13 2012 GENERAL LIABILITY KANSAS FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS This is a summary of the major changes in your policy. No coverage is provided by this summary nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. The major areas within the policy that broaden or reduce coverage and other changes are highlighted below. This notice does not reference every editorial change made in your policy. We have followed the policy sequence of provisions in setting out this material. COMMERCIAL GENERAL LIABILITY COVERAGE FORMS CG 000104 13 AND CG 0002 04 13 1. EXCLUSIONS A. BROADENING OF COVERAGE 1. Coverage A Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to allowing a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Coverage A Exclusion 2.p. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. B. OTHER CHANGES 1. Coverage A Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect 1o any person that may be under the influence of alcohol. 2. Coverage A Exclusion 2.g. Aircraft Auto Or Walercraft is revised 1o delete reference to in the state. 3. Coverage A Exclusion 2.q. and Coverage B Exclusion 2.p. Recording And Distribution Of Material Or Information In Violation Of Law were previously added to your policy via mandatory endorsement. The endorsement contained an exclusion addressing injury or damage arising out of any action or omission that violates or is alleged to violate cerfain statutes ordinances and regulations. This exclusion has been incorporated directly into your policy. 4. Coverage B Exclusions 2.b. and 2.c. Material Published With Knowledge Of Falsity and Material Published Prior To Policy Period are revised to reference in any manner with respect to oral or writtn publication for consistency with the definition of personal and advertising injury. il. CONDITIONS OTHER CHANGES Condition 4. Other Insurance is generally revised so that the insurance provided is excess over any for which the named insured has been added as an additional insured whether by endorsement or any other means. Hl. DEFINITIONS OTHER CHANGES 1. Definition 2. Auto is revised to delete reference 1o in the state with respect to where a vehicle is licensed or principally garaged. 2. Definition 12. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. IN76 950413 Includes copyrighted material of Insurance Services Office Inc. Page 1 0f 6 with ils permission ACP GLAO 722543969 DIRECT BILL LB7V1405 INSURED COPY 6959856072 72 0001244 | 2 |
IN 76 95 04 13 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR CG 00090413 I. EXCLUSIONS BROADENING OF COVERAGE Exclusion 2.1. Electronic Data is revised o introduce an exception for liability for damages because of bodily injury. 1I. DEFINITIONS OTHER CHANGES 1. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged 2. Definition 10. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. LIQUOR LIABILITY COVERAGE FORMS CG 003304 13 AND CG 00 3304 13 WHO IS AN INSURED BROADENING OF COVERAGE We have included trusts as Named Insureds. In addition frustees have been included as insureds but only with respect to their duties as trusiees. CG 00 35 04 13 RAILROAD PROTECTIVE LIABILITY COVERAGE FORM EXCLUSIONS BROADENING OF COVERAGE Exclusion 2..3a Pollution is amended 1o expand the exception to the exclusion with respect to bodily injury or property damage arising out of fuel or lubricants for equipment used at the job location not just when they escape from such equipment. PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM CG 00 37 04 13 AND CG 00 3804 13 I. EXCLUSIONS BROADENING OF COVERAGE 1. Exclusion 2.c. Liquor Liability is revised to provide an exception with respect 1o allowing a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Exclusion 2.1 Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. IN 76 95 04 13 72 0001245 Page 2 of 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. ACP GLAO72 2 5439696 Ls7v 14056 INSURED COPY IN7695041300 0000 | 2 |
IN769504 13 IN7698504 13 Il. DEFINITIONS OTHER CHANGES 1. Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol.. Definition 1. Auto is revised lo delete reference to in the state with respect to where a vehicle is licensed or principally garaged.. Definition 10. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged ENDORSEMENTS A. BROADENING OF COVERAGE 1. Electronic Data Liability Endorsement CG 04 37 is revised to introduce an exception o the electronic data exclusion in order to provide that the exclusion does not apply to liability for damages because of bodily injury.. Additional Insured Owners Lessees Or Contractors Automatic Status For Other Parties When Required In Written Construction Agreement Endorsement CG 20 38 is introduced to provide additional insured status to those parlies whom the named insured is obligated in writing in a contract or agreement to name as an additional insured.. Druggists Endorsement CG 22 69 is revised to introduce an exception for the administering of vaccinations.. Liguor Liability Bring Your Own Alcohol Establishments Endorsement CG 24 06 is introduced 1o provide coverage to insureds who permit any person to bring any alcoholic beverage on an insured s premises for consumption on the insured s premises. B. REDUCTIONS OF COVERAGE 1. 2. Additional Insured Users Of Golfmobiles Endorsement CG 20 08 is revised to include a definition of the term golfmobile. Liquor Liability Exclusion Endorsements The following endorsements are revised to indicate that the liguor liability exclusion will apply if a named insured permits any person to bring any alcoholic beverages on the named insured s premises for consumption on the named insured s premises CG 21 50 Amendment Of Liquor Liability Exclusion for use with Commercial General Liability Coverage Part CG 21 51 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Commercial General Liability Coverage Part. CG 29 52 Amendment Of Liquor Liabilily Exclusion for use with Products Completed Operations Liability Coverage Part. CG 29 53 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Products Completed Operations Liability Coverage Part. Total Pollution Exclusion For Designated Products Or Work Endorsement CG 21 99 is introduced to exclude coverage with respect to bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants which arises out of the product or work scheduled in the endorsement.. Amendment Of Personal And Advertising Injury Definition Endorsement CG 24 13 is introduced to remove from the definition of personal and advertising injury the offense of oral and written publication in any manner of material that violates a person s right of privacy. IN76 950413 Includes copyrighted material of Insurance Services Office Inc. with its permission. ACP GLAO72 2 5439696 LB7V 14056 INSURED COPY IN7695041300 0000 Page 3 of 6 72 0001246 | 2 |
IN76 9504 13 C. OTHER CHANGES 1. Limited Product Withdrawal Expense Endorsement CG 04 36 is revised in part to reinforce that the Participation Percentage is indicated in the Schedule and to reflect that the cost of the insured s participation in each product withdrawal will be borne by the named insured when due. 2. Additional Insured Endorsements The following additional insured endorsements are revised to indicate that when these endorsements are attached to a policy if coverage provided to the additlional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the coniract or agreement to provide insurance for the additional insured Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less CG 2003 Additional Insured Concessionaires Trading Under Your Name CG 2005 Additional Insured Controlling Interest CG 2007 Additional Insured Engineers Architects Or Surveyors replaces CG 32 81 CG 20 10 Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization replaces CG 32 76 CG 20 11 Additional Insured Managers Or Lessors Of Premises CG 20 12 Addilional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations CG 20 13 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations Relating To Premises itional Insured Vendors replaces CG 32 79 ional Insured Mortgagee Assignee Or Receiver nal Insured Executors Administrators Trustees Or Beneficiaries CG 2024 Additional Insured Owners Or Other Interest From Whom Land Has Been Leased CG 2026 Additional Insured Designated Person Or Organization CG 2027 Additional Insured Go owner Of Insured Premises CG 20 28 Additional Insured Lessor Of Leased Equipment replaces CG 32 84 s CG 2029 Additional Insured Grantor Of Franchise replaces CG 32 80 CG 2030 Oil Or Gas Operations Nonoperating Working Interests CG 20 31 Additional Insured Engineers Architects Or Surveyors CG 20 32 Additional Insured Engineers Architects Or Surveyors Not Engaged By The Named Insured replaces CG 32 82 CG 20 33 Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You replaces CG 32 77 CG 20 34 Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You replaces CG 32 83 CG 20 35 Additional Insured Grantor Of Licenses Automatic Status When Required By Licensor CG 20 36 Additional Insured Grantor Of Licenses CG 20 37 Additional Insured Owners Lessees Or Contractors Completed Operations replaces CG 3278 CG 29 35 Additional Insured Slale Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations IN 76 9504 13 72 0001247 Page 4 of 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. ACP GLAO72 2 5439696 LB7V 14056 INSURED COPY IN7695041300 0000 | 2 |
IN76950413 3. Professional Services Endorsements The following endorsements are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured. CG 21 16 Exclusion Designated Professional Services. CG 21 52 Exclusion Financial Services. CG 21 56 Exclusion Funeral Services CG 21 57 Exclusion Counseling Services. CG 21 58 Exclusion Professional Veterinarian Services CG 21 59 Exclusion Diagnostic Testing Laboratories CG 22 24 Exclusion Inspection Appraisal And Survey Companies. CG 22 32 Exclusion Professional Services Blood Banks CG 22 33 Exclusion Testing Or Consulting Errors And Omissions CG 22 34 Exclusion Construction Management Errors And Omissions. CG 22 36 Exclusion Products And Professional Services Druggists CG 22 37 Exclusion Products And Professional Services Optical And Hearing Aid Establishments CG 22 39 Exclusion Camps Or Campgrounds CG 22 43 Exclusion Engineers Architects Or Surveyors Professional Liability. CG 22 44 Exclusion Services Furnished By Health Care Providers. CG 22 45 Exclusion Specified Therapeutic Or Cosmetic Services. CG 22 48 Exclusion Insurance And Related Operations CG 22 69 Druggists. CG 22 71 Colleges Or Schools Limited Form. CG 22 72 Colleges Or Schools. CG 22 75 Professional Liability Exclusion Computer Software. CG 22 76 Professional Liability Exclusion Health Or Exercise Clubs Or Commercially Operated Health Or Exercise Facilities. CG 22 77 Prolessional Liability Exclusion Computer Data Processing. CG 22 79 Exclusion Contractors Professional Liability 3 CG 22 80 Limited Exclusion Contractors Professional Liability. CG 22 87 Exclusion Adult Day Care Centers. CG 22 88 Professional Liability Exclusion Electronic Data Processing Services And Compuler Consulting Or Pragramming Services CG 22 90 Professional Liability Exclusion Spas or Personal Enhancement Facilities CG 22 91 Exclusion Telecommunication Equipment Or Service Providers Errors And Omissions o CG 22 96 Limited Exclusion Personal And Adverlising Injury Lawyers. CG 22 98 Exclusion Internet Service Providers And Internet Access Providers Errors And Omissions CG 22 99 Professional Liability Exclusion Web Site Designers CG 23 01 Exclusion Real Estate Agents Or Brokers Errors Or Omissions o CG 31 15 Construction Project Management Protective Liability Coverage 4. Exclusion Volunteer Workers Endorsement CG 21 66 is revised 1o delete reference 1o in the state from Exclusion 2.g. Aircraft Auto Or Walercraft. IN 76 9504 13 Includes copyrighted material of Insurance Services Office Inc. Page 5 of 6 with its permission. ACP GLAO722543969 LB7V 14056 INSURED COPY IN7695041300 0000 72 0001248 Page 5 of 6 72 0001248 | 2 |
IN769504 13 5. Exclusion Failure To Supply Endorsement CG 22 50 is revised to expressly stale that the exclusion also applies 10 the failure of any insured to adequately supply biofuel. 6. Pesticide Or Herbicide Applicator Coverage Endorsements CG 22 64 and CG 28 12 and Lawn Care Services Coverage Endorsement CG 22 93 are revised to reflect a change in titles to Herbicide Applicator Limited Pollution Coverage endorsements and Lawn Care Services Limited Pollution Coverage. 7. Real Estate Property Managed Endorsement CG 22 70 is revised o reinforce thal the insurance provided is excess over any other insurance available whether such insurance is primary or excess. 8. Colleges Or Schools Endorsements CG 22 71 and CG 22 72 are revised 10 expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured. 9. Waiver Of Governmental Immunity Endorsement CG 24 14 is revised to reference that the endorsement also applies to the Owners And Contractors Protective Liability Coverage Part and the Railroad Protective Liability Coverage Part 10. Amendment Of Insured Contract Definition Endorsement CG 24 26 and Limited Contractual Liability Railroads Endorsement CG 24 27 are revised to reflect that the defined term insured contract addresses certain liability assumed by the named insured with respect to the tort liability of another parly o the extent the assumption of the tort liability is permitted by law. 11. Designated Locationss Aggregaie Limit Endorsement CG 25 14 is inlroduced to make a separate Designated Location Aggregate Limit available for each location of the insured listed in the Schedule of the endorsement. 12. Supplemental Extended Reporting Period Endorsement CG 27 10 and Supplemental Extended Reporting Period Endorsement For Specific Accidents Products Work Or Locations Endorsement CG 27 11 are revised to amend Condition 4. Other Insurance so that the insurance provided is excess over any for which the named insured has been added as an additional insured whether by endorsement or any other means. 13. Principals Protective Liability Coverage Endorsement CG 28 07 is revised o delete reference to in the state from Exclusion 2.c.1ei. 14. Liquor Liability Exclusion Endorsements The following endorsements are revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. CG 21 50 Amendment Of Liquor Liability Exclusion for use with Commercial General Liability Coverage Part. CG 21 51 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Commercial General Liability Coverage Part. CG 29 52 Amendment Of Liquor Liability Exclusion for use with Products Completed Operations Liability Coverage Part. CG 29 53 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Products Completed Operations Liability Coverage Part IN 769504 13 72 0001249 Page 6 of 6 Includes copyrighted material of Insurance Services Office Inc. with ils permission. ACP GLAO72 2 5439696 LB7V 14056 INSURED COPY IN7695041300 0OOO | 2 |
BR 9955 02 10 The policy you have just received is subject to a premium adjustment When your policy was issued the premium was estimated. When your policy expires the actual premium must be determined. Please take a few minutes to read this information about your premium audit. WHY MAKE A PREMIUM This policy was issued with an estimated premium which requires an ADJUSTMENT adjustment after the policy expires. Premium bases for this type of policy vary according to such factors as payroll sales receipts number of admissions contract costs number of units etc. incurred during the term of the policy. After the policy expires and the actual amount of these variables can be determined the estimated premium is adjusted to develop the final premium. If the final premium is less than the estimated premium the difference will be refunded. If it is more you will receive a bill for the additional premium. HOW WILL THE When the policy expires a final audit will be requested. This will be done by PREMIUM ADJUSTMENT one of the following methods BE MADE 1 Mailing a Policyholder s Report Audit Inquiry to you or 2 A premium auditor representing our company will call you for an audit of your recordsor 3 A premium auditor representing our company will visit you for an audit of your records. This audit of your records will pertain to the variable factors that apply to your policy. You are assured of complete confidentiality by the auditor and the insurance company personnel. WHAT WILL THE The premium auditor will ask to examine your books of original entry and PREMIUM AUDITOR DO ledger accounts that pertain to the variable factors on which the premium is based. The auditor will also routinely verify payroll and sales figures by comparison with quarterly tax reports. Insurance rates differ by the type of work performed. The premium auditor must place each employee in the proper insurance occupational classification. In some cases these classifications are assigned by the state. This step of the audit requires your guidance and assistance When all the different functions of your operation have been identified and the payrolls sales costs and other applicable variables have been assigned to the proper classification the appropriate rates will be applied and the final premium developed. PREMIUM BASES The basis of premium for a Workers Compensation or General Liability policy may be total remuneration including wages and other considerations given to an employee for services rendered. Remuneration includes monies paid out and may also include other considerations such as meals and housing free merchandise or merchandise discounts commissions and bonuses payments for holidays vacations illnesses and overtime incentive plans or profit sharing agreements. Remuneration does notinclude your contributions to employee benefit plans such as group insurance and pension plans or rewards for individual inventions. Under a General Liability policy remuneration does notinclude payrolls for clerical office employees sales persons and drivers unless specifically included by a classification wording. BR 9955 02 10 Page 1 of 3 P GLAO7225439696 L87V 14056 INSURED COPY 72 0001250 HOW WILL THE PREMIUM ADJUSTMENT BE MADE WHAT WILL THE PREMIUM AUDITOR DO PREMIUM BASES BR 9955 02 10 ACP GLAQ7225439696 L87V 14056 INSURED COPY | 2 |
BR 9955 02 10 NOTE In most cases there are predetermined payroll amounts which mustbe used for sole proprietors partners and executive officers. When your policy is audited the auditor will use the predetermined amount rather than actual payroll for individuals in these groups. Contact your agentif you have questions about the amount of payroll which will be used for sole proprietors partners and executive officers. Also included is the payroll of mobile equipment operators and their helpers and drivers of automobiles when such persons are provided under contract at the time the mobile equipment or automobiles are hired. Under a General Liability policy fees paid to employment agencies for temporary personnel provided to you are counted as remuneration. The basis of premium for some classes can include variables such as area number of units admissions to an insured event conducted on your premises or receipts covering your gross earnings for goods or products sold or for operations performed. For subcontracted work the basis of premium is total cost. This means the total cost of all work let or subletin connection with each specific project and includes the cost of all labor materials and equipment furnished used or delivered for use in the performance of the work. Also all fees bonuses or commissions made paid or due are included. It is to your advantage to obtain Certificates of Insurance from your subcontractors and have them available for the premium auditor showing that they have general liability insurance with an occurrence limit preferably equal to your own occurrence limit. Regardless of the occurrence limit carried by the subcontractor in the event you can not fumnish the premium auditor with their Certificate of Insurance their payroll will be attributed to you and your premium will be increased. In most jurisdictions you must have Workers Compensation certificates from each subcontractor as well. When sales or receipts are the basis of premium for a coverage the gross amount of money you or others operating or trading under your name have charged for goods or products sold or operations performed is the figure which should be used. With respect to the ownership andor use of automobiles in connection with your business operations the basis of premium will vary. For owned autos the auditor will need to verify the accuracy of the schedule of autos on your policy plus the date of any sales andor purchases during the policy period. Any premium for the use of nonowned autos will be rated based on the total number of employees at all locations. Any premium for the use of hired autos will be rated based on the cost of hire during the policy period. The best sources of information for a premium audit are the following records. 1. Payroll journals providing monthly total and division of payroll by type of work performed 2. Individual eamings records with an indication of work performed. The date hired andor terminated should be indicated. Gross payroll and overtime should be totaled by month and quarter. 3. Cash disbursements journals with monthly totals disbursed to various accounts including materials subcontractors and casual labor. 4. Cash receipts in sales journals totaled by month and assigned to various Page20f 3 INSURED COPY 72 0001251 RECORD KEEPING AIDS BR 9955 02 10 ACP GLAO7225439696 L87v 14056 INSURED COPY | 2 |
BR 9955 02 10 categories. 5. Vehicle titles registrations or ownership tax receipts. 6. Workers Compensation andor General Liability certificates of insurance indicating coverage for subcontractors. 7. Data processing printouts or computerized records can differ greatly in their value to the auditor depending on the type of records provided. We hope this information will serve as a guide to help you prepare for your premium audit. Our premium auditor is available to help you with any problem or questions you may have with record keeping. Remember for more information contact your agent. FINALLY BR 9955 02 10 ACP GLA07225439696 L87V 14056 Page 3 of 3 72 0001252 INSURED COPY | 2 |
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ACP GLAO7225439696 L87V 14056 COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefuily to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer fo Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage 1o which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion invesligate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Ill Limits Of Insurance and 2 Our right and duly to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory CG 00010413 Insurance Services Office Inc. 2012 INSURED COPY 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive nofice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in parl. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or properly damage which oceurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. Page 1 0f 16 72 0001259 Page 1 0f 16 72 0001259 CG 00010413 Insurance Services Office Inc. 2012 ACP GLA07225439686 L87v 14056 INSURED COPY | 0 |
CG 00010413 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or properly damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the coniract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed 1o be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attomeys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gilt distribution or use of alcoholic beverages. b This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or properly damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or fumishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activily is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation 1o share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. CG 00010413 72 0001260 Insurance Services Office Inc. 2012 LB7V 14056 INSURED COPY Page 2 of 16 ACP GLAO722543969 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a b At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used 1o heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured al that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or i Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored ireated disposed of or processed as waste by or for i Any insured or i Any person or organization for whom you may be legally responsible or CG 00010413 d Ator from any premises sile or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply 1o i Bodily injury or properly damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subconlractor Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e Ator from any premises site or location on which any insured or any coniraciors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of poliutants. Page 3 of 16 72 0001261 CG 00010413 Insurance Services Office Inc. 2012 ACP GLAO7225439696 87V 14056 INSURED COPY | 1 |
CG 00010413 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain lreat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of tesling for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned 1o any insured. Use includes operation and loading or unioading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or The operation of any of the machinery or equipment listed in Paragraph.2 or 13 of the definition of mobile equipment. b h. Mobile Equipment o Bodily injury or property damage arising out f 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expecled attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property Property damage to 1 Property you own rent or occupy including 2 any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage 1o another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you CG 00010413 72 0001262 Ls7v 14056 Insurance Services Office Inc. 2012 INSURED COPY Page 4 of 16 ACP GLAO7225439696 | 1 |
CG 00010413 This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put 1o its intended use. n. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 8 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. p. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells dala processing devices or any other media which are used with electronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or s Office Inc. 2012 Page 5 of 16 Y 72 0001263 4 Personal property in the care custody or control of the insured That particular part of real property an which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operalions or That particular part of any property that must be restored repaired or replaced because your work was incorreclly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to properly damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Renled To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply 1o property damage included in the products completed operations hazard. 5 6. Damage To Your Product Property damage 1o your product arising out of it or any pari of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. CG 00010413 Insurance Services Office Inc. 2012 ACP GLAO7225439695 L87V 14056 INSURED COPY Page 5 of 16 72 0001263 | 1 |
CG 00010413 4 Any federal state or local slaiute orginance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums thal the insured becomes legally obligaled to pay as damages because of personal and advertising injury 1o 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 suil seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and seltle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable fimit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acls or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was commitied in the coverage territory during the policy period. 2. Exclusions This insurance does not apply 10 a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and adverlising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s adverlising idea in your advertisement. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of ihe failure of goods products or services to conform with any statement of quality or performance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Page 6 of 16 ACP GLAD7225439696 CG 00010413 72 0001264 Insurance Services Office Inc. 2012 Le7v 14056 INSURED COPY | 1 |
CG 00010413 n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others fest for monitor clean up remove contain treal detoxify or neutralize or in any way respond 1o or assess the effects of poliutants or 2 Claim or suit by or on behalf of a governmenial authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected aflack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action faken by governmental authority in hindering or defending against any of these. p Recording And Distribution Of Material Or information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged 1o violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitling communicating or distribution of material or information. 3 i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply 1o infringement in your adverlisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply 1o Paragraphs 14.a. b. and. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of adverlising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Polluticn Personal and advertising injury arising out of the actual alleged or threalened discharge dispersal seepage migration release or escape of pollutants at any time. CG 00010413 Insurance Services Office Inc. 2012 ACP GLAD7225439696 Ls7v 14056 INSURED COPY Page 7 of 16 72 0001265 | 1 |
CG 00010413 COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported 10 us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered al the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or pariicipating in any physical exercises or games sports or athletic contests. 1. Products Completed Operations Hazard Included within the products completed operations hazard g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or fraffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds 1o release attachments but only for bond amounts within the applicable limit of insurance. We do not have to fumish these bonds. d. All reasonable expenses incurred by the insured at our request 1o assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or atiorneys expenses taxed against the insured. 1. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. CG 00010413 72 0001266 Insurance Services Office Inc. 2012 L87vV 14056 INSURED COPY Page 8 of 16 ACP GLAO7225439696 | 1 |
CG 00010413 ACP GLAO7225439696 L87V 14056 g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limils of insurance. If we defend an insured against a suit and an indemnilee of the insured is also named as a party to the suit we will defend that indemnilee if all of the following conditions are met a. The suit against the indemnitee secks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies 1o such assumed by the insured. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suil and agree that we can assign the same counsel to defend the insured and the indemnitee and 1. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands nofices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with writlen authorization to a Obtain records and other information related o the suit and b Conduct and control the defense of the indemnitee in such suil. liability o b c d Insurance Services Office Inc. 2012 INSURED COPY CG 00010413 So long as the above conditions are met altorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Paymenis ends when we have used up the applicable limit of insurance in the payment of judgments or seftlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION It WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A parinership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect 1o the conduct of your business. Your managers are insureds but only with respect 1o their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A lrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. Page 9 of 16 72 0001267 t and the information rrence are such that exist between the d the interests of the insured ask us to e defense of that suil and agree that counsel to defend the s and the investigation s Page 9 of 16 72 0001267 CG 00010413 Insurance Services Office Inc. 2012 ACP GLAO7225439696 87V 14056 INSURED COPY | 1 |
CG 00010413 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 perscnal and advertising injury a To you to your pariners 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 1o your other volunteer workers while perlorming duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunieer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented 1o 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 pariner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect 1o duties as such. That representative will have all your rights and duties under this Goverage 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 or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or properly damage that occurred before you acquired or formed the organization and. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect 1o the conduct of any current or past parinership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suils 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. CG 00010413 72 0001268 Insurance Services Office Inc. 2012 LB7vV 14056 INSURED COPY Page 10 of 16 ACP GLAO7225439696 | 1 |
ACP GLA07225439696 187V 14056 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 operalions hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately 1o 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 Bankruptey or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Parl. 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 exient possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and CG 00010413 Insurance Services Office Inc. 2012 INSURED COPY CG 00010413 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or 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 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 requesl in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed setflement 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 thal are in excess of the applicable limit of insurance. An agreed settlement means a setllement and release of liability signed by us the insured and the claimant or the claimant s legal representative. is brought against Page 11 of 16 72 0001269 CG 00010413 Insurance Services Office Inc. 2012 ACP GLA07225439696 187V 14056 INSURED COPY Page 11 of 16 72 0001269 | 1 |
CG 00010413 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section 1 Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entiled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part 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. 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 eamed 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 CG 00010413 72 0001270 Insurance Services Office Inc. 2012 Ls7v 14056 INSURED COPY Page 12 of 16 ACP GLAO7225439696 | 1 |
b. Those slalements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Parl 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 It the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not fo renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published fo the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. CG 00010413 However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. international waters or airspace but only if the injury or damage occurs in the course of travel or fransportation 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 ferritory 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 Intemet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a setllement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be reslored o use by the repair replacement adjustment or removal of your product or your work or your fulfiling the terms of the contract or agreement. CG 00010413 Insurance Services Office Inc. 2012 ACP GLAO7225439696 L87v 14056 INSURED COPY Page 13 of 16 72 0001271 | 1 |
CG 00010413 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement 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. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 Thatindemnifies a railroad for bodily injury or properly damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle 4 tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reporls surveys field orders change orders or drawings and specifications or b Giving directions or insiructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering aclivities. 10. 1 12. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any atiached machinery or equipment a. Bulldozers farm machinery forkliifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility 1o permanently mounted 1 Power cranes shovels loaders diggers or drills or. 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. CG 00010413 72 0001272 Insurance Services Office Inc. 2012 LB7V 14056 INSURED COPY Page 14 of 16 ACP GLAO7225439696 | 1 |
13. 14. 15. CG 00010413 ACP GLAQ7225439696 L87V 14056 However self propelied 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 bul not conslruction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject fo a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest defention or imprisonment b. Malicious prosecution. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your adverlisement. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor sool fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Insurance Services Office Inc. 2012 INSURED COPY CG 00010413 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products thal are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been pul 1o its intended use by any person or organization other than another contractor or subcontractor working on the same project Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury fo tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed 1o occur al the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. Page 15 of 16 72 0001273 CG 00010413 Insurance Services Office Inc. 2012 ACP GLAO7225439696 87V 14056 INSURED COPY Page 15 of 16 72 0001273 | 1 |
CG 00010413 18. 19. 20. 21 As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 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 1o substitute for a permanent employee on leave or fo meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented 1o or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. All terms and conditions of this policy apply unless modified by this endorsement. CG 00010413 72 0001274 Insurance Services Office Inc. 2012 L87V 14056 INSURED COPY Page 16 of 16 ACP GLAO7225439696 | 1 |
POLICY NUMBER COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS AND OKLAHOMA CHANGES TRANSFER OF RIGHTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. Condition 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Section IV does not apply to COV ERAGE C. MEDICAL PAYMENTS. Copyright Insurance Setrvices Office inc. 1984 CG 0109 11 85 ACP GLAO7225439696 LB7V 14056 INSURED COPY nan nan nan nan 72.0 1275.0 | 2 |
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