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Environmental Impairment Liability Policy Lead Based Paint Any Claim arising out of the existence required removal or abatement of lead paint unless specifically endorsed onto this Policy or Mold Any Claim arising directly or indirectly out of or in concurrence with actual alleged or threatened existence growth spread proliferation discharge dispersal seepage release or escape of any form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi unless specifically endorsed onto this Policy or Silica Any Claim arising out of exposure to or inhalation ingestion or respiration of silica or products or substances containing silica or silicon dioxide in any form including but not limited to silica dust sand or otherwise or work involving the use of or handling of silica or silicon dioxide in any form unless specifically endorsed onto this Policy or Subsequent to Property Transfer A Pollution Condition that is Discovered subsequent to the time the Named Insured has sold given away abandoned condemned or otherwise transferred the Scheduled Location unless specifically listed by endorsement. Transportation The ownership maintenance use operation loading or unloading of any form of transportation beyond the legal boundaries of a Scheduled Location unless specifically listed by endorsement. Underground Storage Tanks The existence of any underground storage tanks and associated underground piping at a Scheduled Location but only if the Named Insured had Discovered such underground storage tanks at the time of inception of the Policy. This exclusion does not apply to underground storage tanks and associated underground piping when endorsed onto this Policy. EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Workers Compensation Any obligation of the nsured under a workers compensation disability benefits unemployment compensation employee benefits pension sharing ERISA law or any similar law. Wrongful Delivery Any Claim arising out of the delivery of any Cargo into the wrong receptacle or to the wrong address or the delivery of one type of Cargo in error for another. LIMITS OF INSURANCE The limits of this insurance are presented in the following sections regarding Maximum Limits of Liability and separate limits of liability. Maximum Limits of Liability The Company s total liability hereunder for all Liabilities Cleanup Costs and Defense Expenses shall not exceed the Aggregate Limit specified in the Declarations irrespective of any of the following The number of Claims made The number of persons or organizations making claims The number of persons covered hereunder The number of actual or alleged Pollution Conditions or The number of times Cleanup Costs or Liabilities are incurred. Limits of Liability As specified in the Maximum Limits of Liability above and in the Declarations The Per Pollution Condition Limit amount shown in the Declarations is the maximum amount the Company will pay under this Policy for any Claims resulting from the same or related Pollution Conditions. The Aggregate Limit amount shown in the Declarations is the maximum amount the Company will pay under this Policy. The Limits of Insurance shown in the Declarations shall apply in excess of the Self Insured Retention amount shown in the Declarations. If this Policy and any other policy providing coverage issued by the Company or any affiliate of the Company apply to the same Pollution Condition or related Pollution Conditions the aggregate maximum amount payable under all of such EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Settlement policies combined shall be limited to the amount of the highest applicable Per Pollution Condition Limit payable under any one of the policies. In the event that the Company or any affiliate of the Company issues a subsequent Pollution Legal Liability Policy to the nsured which provides substantially the same coverage as this Policy all Pollution Conditions including related Pollution Conditions Discovered after the Policy Period Discovered and reported to the Company under any of these policies shall be deemed to have been Discovered and reported under this Policy during the Policy Period. As aresult the Company shall have no further obligation for the Pollution Condition and the related Pollution Conditions under all of the policies once the Company pays an amount equal to the Single Pollution Incident Limit of this Policy. Coverage under this Policy for such Pollution Conditions shall not apply unless the nsured has maintained with the Company or any affiliate of the Company a Pollution Legal Liability Policy providing substantially the same coverage as this Policy on a continuous uninterrupted basis since the Pollution Condition was Discovered and reported to the Company. For the purposes of this Policy related Pollution Conditions are those which arise out of are based on relate to or are in consequence of the same facts circumstances or situations. If the Company recommends a settlement of a Claim e for an amount within the Self Insured Retention and the Insured refuses such settlement the Company shall not be liable for any Cleanup Costs Liability or Defense Costs or other coverages in excess of the Self Insured Retention or e fora total amount in excess of the Self Insured Retention and the Insured refuses such settlement the Company s liability for Cleanup Costs Liabilities or Defense Costs or other coverages shall be limited to that portion of the recommended settlement and the costs charges and expenses as of the date nsured s refusal that exceed the Self Insured Retention and fall within the Limits of Liability. EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy SELF INSURED RETENTION The Company s obligation for Liabilities Cleanup Costs and Defense Costs shall only be in excess of the Self Insured Retention Amounts for the Policy and per Claim as specified in the Declarations for the same or related Pollution Conditions. The Self Insured Retention shall be applied as shown in the Declarations. The Self Insured Retention is to be paid by the nsured and is not to be insured by the Company unless specifically listed by endorsement. The nsured shall promptly reimburse the Company for advancing any element of Liability Cleanup Costs or Defense Costs falling within the Self Insured Retention. VI. EXTENDED REPORTING PERIOD The following section describes the automatic and extended reporting period provisions of this Policy. Automatic Extended Reporting Period The Insured is entitled to an Automatic thirty 30 day Extended Reporting Period for no additional premium upon cancellation or non renewal of this Policy in accordance with the terms of this section. The Automatic Extended Reporting Period shall apply to Claims first made within the Automatic Extended Reporting Period but only with respect to Pollution Conditions that a are Discovered and reported during the Automatic Extended Reporting Period and b commenced during the Policy Period or after the Retroactive Date if any. The Insured shall not have the right to the Automatic Extended Reporting Period if The Policy was cancelled due to non payment of premium fraud or material misrepresentation or The Insured purchases other insurance to replace this Policy. EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Optional Extended Reporting Period The Insured may purchase an Optional Extended Reporting Period upon cancellation or non renewal of the Policy subject to the following terms and conditions The Insured makes a written request for an Optional Extended Reporting Period that the Company receives within thirty 30 days of the Termination Date and The Insured pays the Company an additional premium to be determined by the Company within thirty 30 days of the Termination Date. Such additional premium charge may not exceed 200 of the policy premium stated in the Declarations. The maximum Optional Extended Reporting Period may at the election of the Insured be for a period of up to thirty six 36 months from the Termination Date applicable to any Scheduled Location. The Optional Extended Reporting Period shall apply to Claims first made within the Optional Extended Reporting Period but only with respect to Pollution Conditions that a are Discovered and reported during the Optional Extended Reporting Period and b commenced during the Policy Period or after the Retroactive Date if any. The Insured shall not have the option to purchase the Optional Extended Reporting Period if The Policy was cancelled due to non payment of premium fraud or material misrepresentation or e The Insured purchases other insurance to replace this Policy. In the event that the Optional Extended Reporting Period is purchased by the Insured the Optional Extended Reporting Period shall run concurrent to the Automatic Extended Reporting Period and shall not be in addition to the Automatic Extended Reporting Period. EIL001 0712 20 EIL001 0712 | 2 |
Environmental Impairment Liability Policy VIl. CONDITIONS The following sections describe the conditional provisions of this Policy. Notice of Pollution Conditions and Claims The Named Insured shall immediately provide written notice of any Pollution Conditions Discovered or Claim received. Such written notice shall be given to the Company in care of Claims Berkley Custom Insurance Managers 3 Stamford Plaza 301 Tresser Blvd. 6 Floor Stamford CT 06901 E mail feiclaimsberkleycustom.com Fax 855 999 0797 Toll Free Phone 855 597 7616 shall contain complete details regarding the Pollution Condition or Claim including but not limited to o The exact date the Pollution Condition was Discovered or the Claim was made its nature and location and circumstances giving rise to such Claim or Discovery o All information relating to the cause of the Pollution Conditions including the Bodily Injury Property Damage or Cleanup Costs that have resulted or may result from such Pollution Conditions all engineering information available on the Pollution Conditions and any other information that the Company deems reasonably necessary. o All demands summonses notices or other process or papers filed with a court of law administrative agency or an investigative body o The names and addresses of all parties asserting a Claim and all persons with knowledge of the Claim and Pollution Condition and o All other information in the possession of the Insured or its Affiliates regarding the Pollution Conditions the Discovery and the Claim. EIL001 0712 21 EIL001 0712 | 2 |
Environmental Impairment Liability Policy The duties of the nsured hereunder may not be delegated. Nothing contained herein shall relieve the Insured from any obligation including any notification requirements it may have pursuant to applicable laws rules or regulations. Written notice shall be given whether or not the Named Insured believes that a Pollution Condition or Claim will result in a demand that falls under or in excess of the Self Insured Retention. When a Pollution Condition or other circumstance requires an Insured to undertake emergency Mitigation Actions as described in this section the Named Insured must immediately provide written notice to the Company upon undertaking such emergency Mitigation Actions. Defense and Cooperation and Assistance of the Insured The Company has the right and the duty to defend the nsured against any Claim resulting from a Pollution Condition and may in its sole discretion investigate and settle such Claims. The Company shall have the right to designate legal counsel for the investigation adjustment and defense of Claims. Each Insured shall fully cooperate with and offer all reasonable assistance to the Company with respect to the investigation defense settlement arbitration or appeal of any Claim. Such cooperation shall include full access to the Company to interview Affiliates as well as inspect any property of the Insured. No Insured shall be indemnified hereunder for loss of earnings incurred in such cooperation or assistance unless provided in an endorsement nor shall such loss of earnings apply towards the satisfaction of the Self Insured Retention. In no event shall this paragraph be deemed to require the nsured to share documents or information in a manner that would result in the waiver of any legally sanctioned privilege. The Company s duty to defend the nsured shall terminate when the Company establishes i the absence of coverage under the terms and conditions of this Policy or i the Limits of Liability have been exhausted. In such EIL001 0712 22 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Inspection circumstance the Company shall take reasonably appropriate steps to transfer control of any existing defense to the Named Insured. The Company has the right upon reasonable advance notice to inspect the Scheduled Locations at any time. Neither the Company s right to inspect the Scheduled Locations any actual inspection performed pursuant to this right nor any report resulting from any inspection shall constitute an undertaking on behalf of the Insured or any other party to determine or warrant that the property or operations are safe healthful or conform to acceptable engineering practice or are in compliance with any law rule or regulation. The Insured will provide appropriate assistance to the Company during any inspection. Actions Prejudicial to the Company In the event of a Claim no Insured shall undertake any of the following actions without the Company s prior written consent Engage counsel to provide legal representation e Assume any obligation e Admit or in any manner acknowledge liability e Effectuate or attempt to effectuate compromise or settlement including but not limited to entering into a consent decree involving the assignment of any Insured s interest under this Policy or Except for emergency Mitigation Actions described in this section initiate or modify ongoing Corrective Actions or Restorative Actions. Any of the foregoing actions by any Insured shall be deemed to materially prejudice the Company s rights. Where the written approval of the Company is required for Corrective Actions or Restoration Actions such consent shall not be unreasonably withheld or delayed. Mitigation Actions The Named Insured shall make all reasonable efforts to abate stop prevent or reduce the Liabilities Cleanup Costs and Defense Costs caused by any Pollution Conditions. These efforts May be taken only with the prior written consent of the Company and e Shall commence immediately when a Pollution Condition is Discovered. EIL001 0712 23 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Subrogation Such mitigation efforts must be undertaken even in the absence of a Claim. The prior written approval of the Company shall not be required to take any action in the event of a Pollution Condition that presents an immediate dangerous and significant threat to human health or the environment where any delay by the Insured would cause further injury to persons or damage to property or increase significantly the cost of responding to a potential Claim. At any time after the Company receives notification of a Claim the Company may require its prior written approval before the Insured may incur any additional Cleanup Costs or other costs or expenses. In the event that the Company pays any amount under this Policy the Company shall be subrogated to all of each Insured s rights of recovery against any person firm or organization. All Insureds shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. No Insured shall do anything to waive or prejudice such rights. Named Insured as Agent Assignment The Named Insured specified in the Declarations shall be deemed the agent of each Insured with respect to all matters involving this Policy however the Company shall have the right to seek indemnification from any Insured or any other person who may be legally liable for the actions of the Named Insured. This Policy may be assigned only with the prior written consent of the Company. Such written consent shall not be unreasonably withheld or delayed by the Company. No Action Against Company EIL001 0712 No third party action shall lie against the Company unless as a condition precedent thereto each Insured has fully complied with all the provisions of the Policy nor until the amount of the Insured s obligation to pay has been finally determined either by written agreement of the Insured the Company and the party asserting the Claim or by final judgment against the nsured after the actual trial of the issues and the period of time to appeal has elapsed without an appeal having been taken or if an appeal has been taken then until after such appeal has been adjudicated. Any person or organization or the legal representative thereof that has secured such judgment or written agreement shall thereafter be entitled to recover under this Policy to the extent of the insurance afforded by the Policy. No person or organization shall have any 24 EIL001 0712 | 2 |
Environmental Impairment Liability Policy right under this Policy to join the Company as party to any action against the Insured to determine the Insured s liability nor shall the Company be impleaded by the Insured or his legal representative. Changes Cancellation No provision of this Policy may be amended waived or otherwise changed except by endorsement hereto and the written agreement of the Named Insured and the Company. The Named Insured may cancel this Policy by mailing to the Company written notice stating when thereafter such cancellation shall become effective. The Termination Date shall be the date stated in such written notice. The Company may cancel this Policy for e fraud or material misrepresentation by an Insured material change in the nature or extent of the risk involved hereunder or e failure to pay premium. In the event of cancellation for any reason other than failure to pay premium the Company shall provide written notice stating when not less than thirty 30 days thereafter such cancellation shall become effective. In the event the Named Insured fails to pay premium under this Policy the Company shall provide not less than ten 10 days written notice of cancellation of the Policy. The Termination Date shall be the date stated in any such written notice. The mailing of notice to the last known address of the nsured in the manner provided herein or hand delivery to such address shall be sufficient proof of notice. Nonrenewal In the event of cancellation by the Named Insured the earned premium shall be computed in accordance with the customary short rate table. In the event of cancellation by the Company the earned premium shall be computed pro rata. The Company will tender any return premium subject to retaining a minimum earned premium equal to 25 of the amount specified in the Declarations unless modified by endorsement. Premium adjustment may be made either at the time cancellation is effective or as soon as practicable thereafter but neither tender of the unearned premium nor return of this Policy shall be a condition to cancellation hereunder. EIL001 0712 25 EIL001 0712 | 2 |
Environmental Impairment Liability Policy The Company may non renew this Policy by mailing or delivering to the Named Insured written notice of nonrenewal at least sixty 60 days before the expiration date of this Policy. The Termination Date shall be the date stated in such nonrenewal notice. Additional Premiums If during this Policy Period an increase in the risk or hazards covered hereunder occurs the Company shall have the right to charge an appropriate additional premium or to cancel the Policy. Representations and Covenants The Named Insured acknowledges and agrees that The information warranties and representations contained in the application submitted by the nsured as well as in all supplemental documents provided herewith are true correct and complete and e The Company has issued this Policy in specific reliance upon the truth and accuracy of the warranties and representations contained in the application. Asigned copy of the application is kept on file by the Company. Allactivities of the nsured have been and will be conducted in full compliance with Environmental Laws. The application the declarations and endorsements if any are incorporated into and are part of this Policy and embody all agreements existing between the Named Insured and the Company and supersede all prior agreements whether written or oral expressed or implied. EIL001 0712 26 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Other Insurance If any part of Liabilities Cleanup Costs or Defense Costs or other coverage afforded by endorsement is insured under this Policy and any other current prior or subsequent policy that is not issued by the Company or an affiliate of the Company this Policy shall provide coverage for such Liabilities Cleanup Costs Defense Costs or other coverage afforded by endorsement in proportion to the applicable Limits of Liability of this Policy and those of such other policy or policies. Concealment or Fraud If the Insured wilfully concealed or misrepresented any fact or circumstance material to the granting of coverage under this Policy this entire Policy shall be void. Separation of Insured Except with respect to the Limits of Liability and any rights or duties specifically assigned to the Named Insured this Policy applies Asifeach Named Insured were the only Named Insured and e Separately to each Insured against whom a Claim is made. EIL001 0712 27 EIL001 0712 | 2 |
ADMIRAL.. Commercial General Liability Coverage Form Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section IT Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section ITI Limits Of Insurance and 2 Ourright and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section IT Who Is An Insured and no employee authorized by you to give or receive Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 0 |
ADMIRAL fw el Commercial General Liability Coverage Form notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section II Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section IT Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved Commercial General Liability Coverage Form | 1 |
ADMIRAL ge. Commercial General Liability Coverage Form expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages.. 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 Anemployee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL 255555 Commercial General Liability Coverage Form b Copyright 1SO Properties Inc. 2003 All rights reserved 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 to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or i fumes from a hostile fire Bodily injury or property damage arising out of heat smoke or At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or CG 00011204 Commercial General Liability Coverage Form | 1 |
ADMIRAL 255555 Commercial General Liability Coverage Form e other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor 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 behalfby a contractor or subcontractor or fumes from a hostile fire. i Bodily injury or property damage arising out of heat smoke or At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any b 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 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. 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 Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL jw o Commercial General Liability Coverage Form 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 in the state where it is licensed or principally garaged or b the operation of any of the machinery or equipment listed in Paragraph.2 or.3 of the definition of mobile equipment. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage to Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved Commercial General Liability Coverage Form | 1 |
ADMIRAL ge. Commercial General Liability Coverage Form 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section ITI Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. n. Recall of Products Work or Impaired Property Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL fw el Commercial General Liability Coverage Form Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Personal and Advertising Injury Bodily injury arising out of personal and advertising injury. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. 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. Exclusions. 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 III Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section ITI Limits Of Insurance and 2 Ourright and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL j o Commercial General Liability Coverage Form No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 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 knowledge that the act would violate the rights of another and would inflict personal and advertising 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 knowledge of its falsity. c. 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. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. g. Quality or Performance of Goods Failure to Conform to Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. 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. 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. Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved Commercial General Liability Coverage Form | 1 |
ADMIRAL 255555 Commercial General Liability Coverage Form However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds in Media and Internet Type Businesses Personal and advertising injury committed by an insured whose business 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 AnlInternet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions Section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Intemet is not by itself considered the business of advertising broadcasting publishing or telecasting. Electronic Chatrooms or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use of Another s Name or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers.. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. Pollution Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL j o Commercial General Liability Coverage Form 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 Onpremises you own or rent 2 Onways next to premises you own or rent or 3 Because of your operations provided that 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within one year of the date of the accident and 3 The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 Firstaid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. Injury on Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. 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. Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved Commercial General Liability Coverage Form | 1 |
ADMIRAL jw o Commercial General Liability Coverage Form e Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. Products Completed Operations Hazard Included within the products completed operations hazard. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b.. All reasonable expenses incurred by the insured at our request to as All expenses we incur. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. st us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. All costs taxed against the insured in the suit. 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. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. Ifwe defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract 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 TCopyight ISOProperties Inc 2003 CG00011204 All rights reserved Commercial General Liability Coverage Form | 1 |
ADMIRAL f Commercial General Liability Coverage Form e The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when a. We have used up the applicable limit of insurance in the payment of judgments or settlements or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. Ifyou are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL ge. Commercial General Liability Coverage Form A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above 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 d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL fw el Commercial General Liability Coverage Form b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager.. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Iil LIMITS OF INSURANCE 1 The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 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. Damages under Coverage B. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL. Commercial General Liability Coverage Form Subject to 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. Subject to 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. Subject to 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. Subject to 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1 Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. Duties In The Event of Occurrence Offense Claim or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. Ifaclaim 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. Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL 255555 Commercial General Liability Coverage Form d. 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 Assistus upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. Legal Action Against Us No person or organization has a right under this Coverage Part a. b. To join us as a party or otherwise bring us into a suit asking for damages from an insured or To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in c. below. Excess Insurance This insurance is excess over 1 Any of the other insurance whether primary excess contingent or on any other basis a That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved Commercial General Liability Coverage Form | 1 |
ADMIRAL 255555 Commercial General Liability Coverage Form All rights reserved b 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 d Ifthe loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. 2 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 by attachment of an endorsement. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for Copyright ISO Properties Inc. 2003 CG 00011204 Commercial General Liability Coverage Form | 1 |
ADMIRAL 255555 Commercial General Liability Coverage Form that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and. We have issued this policy in reliance upon your representations. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. Asif each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Transfer of Rights of Recovery Against Others to Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1 Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Auto means a. A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL 255555 Commercial General Liability Coverage Form All rights reserved b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. 4. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in a. above 2 The activities of a person whose home is in the territory described in a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in a. above or in a settlement we agree to. 5. Employee includes a leased worker. Employee does not include a temporary worker. 6. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 7. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. 8. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfilling 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 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 TCopyight ISOProperties Inc 2003 CG00011204 Commercial General Liability Coverage Form | 1 |
ADMIRAL 255555 Commercial General Liability Coverage Form A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 Thatindemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 Thatindemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 10. 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. 11. Loading or unloading means the handling of property a. b. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved Commercial General Liability Coverage Form | 1 |
ADMIRAL fw el Commercial General Liability Coverage Form 12. Mobile equipment means any of the following types of land vehicles including any 13. 14. attached machinery or equipment a. 20 Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in a. b.. 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 a. b.. 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 Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law 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 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 Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved Commercial General Liability Coverage Form | 1 |
ADMIRAL 255555 Commercial General Liability Coverage Form 15. 16. g False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Oral or written publication 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 Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. 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. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL fw el Commercial General Liability Coverage Form 17. 18. 19. 20. 21. 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. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and 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 to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 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 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 Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL ge. Commercial General Liability Coverage Form a. 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 wamings or instructions. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. Your work Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. 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 wamings or instructions. Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy Contractors Pollution Liability Policy The insurance company shown in the Declarations hereinafter the Company in consideration of the payment of the premium and the undertaking of the named insured to pay the Deductible described hereunder in reliance upon all representations and warranties contained in the application attached hereto and made a part of this Policy including any addendum or addenda thereto and subject to all provisions of this Policy subsequently set forth agrees with the named insured as follows I. INSURING AGREEMENTS A. COVERAGE AND DEFENSE The Company shall pay on behalf of the insured those damagesfor bodily injury or property damage in excess of the Deductible that the insured becomes legally obligated to pay 1. Ifthe damages result from a pollution condition at any site where any insured or any independent contractor working on behalf of any insured is performing or has performed any contracting or remediation operations anywhere in the world and 2. Ifthe pollution condition is first incurred during the policy period of this Policy. 3. Ifon or prior to the effective date of this Policy no insured had any knowledge of any circumstances which could reasonably be expected to give rise to a claim and 4. Ifthe pollution condition was unexpected and unintended from the standpoint of the insured. The Company will pay all claims expenses in excess of the Deductible for all claims covered under the terms of this Policy. The Company shall have both the right and duty to provide for the defense of the insured with respect to a claim made against the insured in the United States of America its territories or possessions or Canada falling under the purview of all of the foregoing requirements. The Company shall also have the exclusive right to investigate such claim to designate and appoint all legal counsel to defend the insured and to otherwise control the defense thereof. Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy If a claim is made against any insured such as is described in the immediate foregoing other than in the United States of America its territories or possessions or Canada the Company shall have the right but not the duty to provide for the defense of such claim. If the Company elects not to provide for the defense of such claim the named insured under the supervision of the Company shall have the duty to make or cause to be made such investigation and defense as are necessary and subject to prior authorization by the Company effectuate settlement. In such eventuality the Company shall indemnify the named insured for claims expenses incurred and damages and supplementary payments paid in excess of the Deductible. The Company shall have the exclusive right hereunder to negotiate and effectuate the settlement of all claims as it deems expedient whether under or in excess of the Deductible but it shall not commit the named insured to any settlement without the named insured s consent. If however the named insured refuses to consent to a settlement recommended by the Company and elects to contest such claim or continue legal proceedings in connection therewith the Company s liability shall be limited to the sum of the amount for which the claim could have been settled and all claims expense incurred up to the time of such refusal which is in excess of the Deductible. The Company s duty to provide for the defense of any insured to pay damages on behalf of any insured or to make any payment pursuant to Section I.B. Supplementary Coverages and Payments shall immediately terminate 1. Ifthe Limits of Insurance of this Policy become exhausted by payment of damages or claims expenses or 2. Ifthe named insured fails to fulfill its Deductible obligation as imposed by Section IV. Deductible or 3. Ifthe application attached hereto and made a part of this Policy including any addendum or addenda thereto contains any material misrepresentation of fact. B. SUPPLEMENTARY COVERAGES AND PAYMENTS With respect to such insurance as is afforded by this Policy the Company shall pay in addition to the applicable limit of liability all of the following 1. All premiums on bonds to release attachments and appeal bonds limited to that portion of such bond that does not exceed the limit of liability of this Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy Policy but without any obligation of any kind upon the Company to apply for secure or furnish any such bonds. Pre judgment interest and post judgment interest on the full amount of any judgment that accrues after entry of the judgment and before the Company has paid offered to pay or deposited in court the part of the judgment that is covered and within the applicable Per Claim or Aggregate Limit of Liability. However the maximum amount of pre judgment or post judgment interest the Company will pay under this Policy will be the portion of pre judgment or post judgment interest accrued on damages covered by this Policy. All reasonable expenses incurred by any insured at the Company s request in assisting the Company in the investigation and defense of any claim other than loss of earnings salaries or other compensation paid to the named insured s officers or employees except as provided in Paragraph 5. below. All costs assessed against any insured in any suit covered under this Policy. Defendant s Reimbursement The Company will pay an amount of 500 to each insured for each day or part of a day that any insured attends as a witness at any trial deposition or interrogatory at which the Company has requested the insured s attendance or when such attendance is required by the court. This payment shall only apply to appearances involving claims against an insured. The maximum amount payable for all such appearances made during the policy period shall not exceed 5000 as a total aggregate regardless of how many appearances are actually made during the policy period or how many different insureds make appearances and regardless of any other fact circumstance or situation. Coverage for fines or penalties The Company will reimburse the named insured for the amount of any fine or penalty which is levied against any insured and is paid by the insured during the policy period by the Environmental Protection Agency any state or local environmental regulatory agency or any other governmental official or regulatory agency or any court. The maximum total amount the Company will pay for reimbursement for all fines or penalties combined which are levied and paid during the policy period will be 50000 regardless of the actual number of fines or penalties levied or paid or the actual amount of any fine and regardless of any other fact or circumstance. Reimbursement shall not be available whenever the applicable law provides that a particular fine or penalty is uninsurable as a matter of law. Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy For Supplementary Coverages numbers 7. 8. 9. and 10. below it is agreed that any and all payments made for any of these shall be included within and shall not be in addition to the applicable limit of liability. 7. Automatic coverage for newly formed or acquired entities The coverage provided under this Policy shall apply on behalf of any entity which is newly formed or newly acquired by the named insured subsequent to the inception date of the policy period. Coverage shall be provided only to those newly formed or newly acquired entities for which as of the date of formation or acquisition the named insured directly owns fifty percent 50 or more of the outstanding stock or other equity or ownership interest. It is agreed that there shall only be coverage for those claims that arise from pollution conditions which arise subsequent to the date of formation or acquisition. The named insured agrees to advise the Company of any newly formed or acquired entity within ninety 90 days of the date of formation or acquisition. The named insured agrees to accept any coverage terms or reasonable additional premium which the Company may require relative to the newly formed or acquired entity. Coverage for indemnification of clients Whenever any written contract or written job specifications provide that the named insured shall indemnify the client for or hold the client harmless or free from any damages or claims expense which are due to a pollution condition which arises out of the named insured s operations the Company will pay on behalf of the named insured those damages or claims expense that must be paid to indemnify the client. Vicarious liability coverage The coverage provided under this Policy shall apply on behalf of all insureds for pollution conditions arising out of operations performed by any entity or individual for whom any insured is legally liable as long as the operations were performed on or after the effective date shown on the Policy Declarations Page or on an endorsement to the Policy but prior to the end of the policy period.. Response costs coverage In accordance with and in support of the duties of the named insured to mitigate damages as described in Section VI Conditions Paragraph G. Mitigation the Company will reimburse the named insured for all costs expended by the named insured in fulfilling the named insured s duties of mitigation subject to the following limitations Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy a. The only costs that will be reimbursed by the Company are those costs that are expended by the named insured in efforts to abate stop prevent or reduce the damages emanating from a pollution condition caused directly or indirectly by any insured. b. The only costs that will be reimbursed by the Company are those costs that are expended by the named insured on or after the date that the named insured first becomes aware of the pollution condition until that date that the named insured first has a reasonable opportunity to report the incident circumstances or claim to the Company. c. Nothing in this provision shall in any way alter modify or change the duty of the named insured to give notice of claims to the Company pursuant to Section VI Conditions Paragraph A. Notice of Claim. DEFINITIONS Bodily Injury Claim Claim Expenses Damages Words and phrases in italics in this Policy have the following special meaning. The term Bodily injury means sickness disease mental anguish or shock sustained by any person including death resulting therefrom caused by a pollution condition arising out of the performance by any insured of operations covered by this policy. The term claim means an oral or written notice to the named insured from any party intending to hold any insured responsible for damages arising out of a pollution condition. The term claim expenses shall mean all costs charges and expenses resulting from the adjustment appraisal investigation defense settlement arbitration or appeal of any claim covered by the terms and conditions of this Policy if such costs charges and expenses are incurred by the Company an attorney designated by the Company or by any insured with the written consent of the Company except that it shall not include the costs of investigating or administering any claim by employees of the Company or loss of earnings incurred by any insured in investigating defending settling arbitrating or appealing any claim at the Company s direction except as provided in Section I.B. Supplementary Coverages and Payments Paragraph 5. Defendant s Reimbursement. The term damages shall mean a judgment award or settlement monetarily compensating a claimant for a claim covered by the terms and conditions of this policy and shall include damages based upon emotional distress. Damages also includes any loss due to diminuation in value or loss of use of land property or buildings. Damages does not include any of the following 1. Any administrative civil or criminal fines sanctions taxes or penalties whether pursuant to law or statute except to the extent coverage for Copyright 2000 Freberg Environmental Inc. Allrights reserved. ECC311 0712 Bodily Injury Claim Claim Expenses Damages | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy Insured reimbursement for fines or penalties is provided under Section I.B. Supplementary Coverages and Payments Paragraph 6 Coverage for fines or penalties Restitution reduction disgorgement set off return or payment of any form of any consulting fees or payments or any other costs expenses or charges Any loss of income or revenue to the named insured regardless of the cause or reason for the loss of income or revenue except as provided in Section 1B. Supplementary Coverages and Payments Paragraph 5. Defendant s reimbursement Any form of non monetary judgments or relief including but not limited to specific performance or any injunctive relief of any kind Any amount of any civil judgment which is or represents any multiple of any kind of damage award including but not limited to the two thirds portion of any award of treble damages. The term Insured means 1 2. The named insured and A director or officer of the named insured but only while acting in their respective capacity as such and An employee of the named insured but only with respect to services performed or failed to have been performed on behalf of the named insured in the employee s capacity as such and A former director officer or employee of the named insured but only with respect to services performed or failed to have been performed on behalf of the named insured prior to the termination of that respective capacity and The current spouse of any current owner director or officer of the named insured and The heirs executors administrators and legal representatives of each insured in the event of death incapacity or bankruptcy but solely with respect to the liability of each insured as otherwise covered by this Policy and A limited liability company if the named insured or any other insured exists as such along with all past and present members of any such limited liability Copyright 2000 Freberg Environmental Inc. Allrights reserved. ECC311 0712 Insured | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy Named Insured Policy Period Policy Year Pollution Condition Property Damage Waste company but only with respect to professional services performed or failed to have been performed on behalf of the named insured. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a named insured in the Declarations. The term named insured shall mean the proprietor partners or organization specified in the Declarations. The term policy period means the period set forth in the Declarations or any shorter period arising as a result of cancellation. The term policy year means the separate annual year period whenever the policy period set forth in the Declarations is either for a two or three year time period. The term pollution condition means the discharge dispersal release or escape of smoke vapors fumes acids alkalis toxic chemicals liquids or gases waste materials or other irritants contaminants or pollutants into or upon land the atmosphere or any watercourse or body of water which results in bodily injury or property damage. A continuous related repeated or similar series of discharges dispersals releases or escapes of pollutants at or from a site shall constitute a single pollution condition. Related pollution conditions are those pollution conditions that arise out of are based on relate to or are in consequence of the same facts circumstances or situations. The Term property damage means 1. Physical injury to or destruction of tangible property including the resulting loss of use thereof and 2. Costs expended by the named insured to evaluate investigate clean up remediate or monitor any environmentally contaminated site. 3. Loss of use of tangible property that has not been physically injured or destroyed provided that such physical injury or destruction clean up costs andor loss of use are caused by a pollution condition arising out of the performance by the named insured of operations insured by this policy. The term waste means any discarded materials of any kind including those materials to be recycled reconditioned reclaimed or disposed of. Waste Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy lll. LIMITS OF INSURANCE A. MAXIMUM LIMITS OF LIABILITY The Company s maximum Limit of Liability hereunder shall not exceed the separate limits of liability for damages and claims expenses specified in the Declarations irrespective of the following 1 2. The number of claims made or The number of persons or organizations making claims or The number of persons covered hereunder or The number of pollution conditions which arise or The types of damages awarded. B. SEPARATE AND SPECIFIC LIMITS OF LIABILITY As specified in the Declarations 1 The Damages Limit for Each Clain amount shown in the Declarations is the maximum amount the Company will pay under all Coverage Parts combined that form a part of this Policy for damages that arise out of any one claim The General Aggregate Limit for Damages Other than Products Completed Operations amount shown in the Declarations is the maximum amount the Company will pay under all Coverage Parts combined that form a part of this Policy for all damages arising from covered claims other than those included in the products completed operations hazard The Claims Expense Limit for Each Claim amount shown in the Declarations is the maximum amount the Company will pay for all claims expenses that arise out of any one claim that is covered under either or both of the Contractors Pollution Liability andor the Professional Liability Coverage Parts The Claims Expense Aggregate Limit amount shown in the Declarations is the maximum amount the Company will pay for all claims expenses that arise from covered claims that are covered under either or both of the Contractors Pollution Liability andor the Professional Liability Coverage Parts. Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy The Limits of Insurance 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. If this Policy and any other Policy providing coverage by the Company or any affiliate company apply to the same pollution condition or series of related pollution conditions the aggregate maximum Limit of Liability payable under all of the policies combined shall be limited to the amount of the highest applicable Limit of Liability payable under any one of the policies. Related pollution conditions are those pollution conditions that arise out of are based on relate to or are in consequence of the same facts circumstances or situations. The Limits of Insurance shown in the Declarations shall apply in excess of the Deductible amount shown in the Declarations. IV. DEDUCTIBLE As respects each claim first made against the insured the named insured shall be responsible for payment for that amount of damages or claims expenses indicated in the Declarations as the Deductible amount. The Company shall not be responsible to make any payments for either damages or claims expenses or any coverage or payment provided pursuant to Section L.B. Supplementary Coverages and Payments unless and until the full amount of the Deductible has been paid by the named insured. Should the Company for any reason pay the entire amount of damages claims expenses or supplementary payments without regard to the Deductible amount the insured will reimburse the Company within 30 days of the Company s request for such reimbursement for that part of the Deductible Amount which has been paid. V. EXCLUSIONS The Company shall have no obligation whatsoever under this Policy to make any payment of any kind for either damages claims expenses or any coverage or payment provided pursuant to Section I.B. Supplementary Coverages and Payments or to arrange for provide or pay for any defense for Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy A. Any claim by any past or present insured against any insured however this exclusion does not apply to additional insureds under this policy or B. Any claim made by or on behalf of any business enterprise not shown on the Declarations 1. Which is was or will be owned in whole or in part by any past or present insured or 2. Which owned in whole or in part at any time the named insured or C. Any claim arising from any insured s intentional willful or deliberate non compliance with any statute regulation ordinance administrative complaint or notice of violation notice letter executive order or instruction of a governmental agency or body or D. Any claim arising from an illegal dishonest fraudulent criminal or malicious act by any insured or E. Any claim which arises from or is related to any collision or accident involving an automobile truck boat watercraft airplane helicopter or other aircraft or vehicle of any kind or type or F. Any claim arising from any of the following relative to a contract any insured has entered into with a client 1. Any assumption of the client s sole negligence or legal liability by or 2. Any failure by any insured to perform or provide a good or service by a date stipulated in a contract with a client or 3. Any liquidated or stipulated damages under a contract with a client of any insured unless the same type of damages would attach without the existence of the contract or G. Any obligation of any insured under workers compensation disability benefits unemployment compensation employee benefits pension sharing ERISA law or any similar law or H. Any claim for wrongful termination discrimination or any unfair employment practices or 1. Any claim arising out of any waste or other kind of products or materials transported shipped or delivered via any automobile aircraft watercraft or Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy rolling stock to any location located beyond the boundaries of a site at which any insured has performed any contracting or site remediation services. J. Any claim for any property damage to any real or personal property that was owned in whole or in part or was rented occupied or in the care custody or control of any insured at any time. VI. CONDITIONS A. NOTICE OF CLAIM In the event of a claim or any insured s knowledge of circumstances which could reasonably be expected to give rise to a claim the named insured shall have the duty to provide written notice to the Company as soon as practicable. This written notice shall be given whether or not the named insured believes that the claim or incident giving rise to the insured s knowledge will resultin a demand that falls under or in excess of the Deductible. Written notice shall be given to the insurance company shown in the Declarations in care of Claims Berkley Custom Insurance Managers 3 Stamford Plaza 301 Tresser Blvd. 6 Floor Stamford CT 06901 E mail feiclaimsberkleycustom.com Fax 855 999 0797 Toll Free Phone 855 597 7616 Such written notice must contain complete details including but not limited to the exact date the claim was made location circumstances giving rise to such claim the name of all claimants and a full description of the nature and scope of the allegations. These duties of the insured hereunder shall be non delegable. Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy B. COOPERATION AND ASSISTANCE OF THE INSURED Each insured shall have the duty to fully cooperate with and assist the Company with respect to the investigation defense settlement arbitration or appeal of any claim. No insured shall be indemnified hereunder for loss of earnings incurred in such cooperation or assistance except as provided in Section I.B. Supplementary Coverages and Payments Paragraph 5. Defendant s Reimbursement nor shall such loss of earnings apply towards the satisfaction of the Deductible. C. ACTIONS PREJUDICIAL TO THE COMPANY In the event of a claim no insured shall undertake any of the following actions without the Company s prior written consent 1. Engage counsel to provide legal representation or 2. Assume any obligation other than the reasonable efforts required to satisfy the duty to mitigate damages as provided in Section VI. Conditions Paragraph G. Mitigation or 3. Forgive reduce in amount or otherwise compromise any compensation owed or allegedly owed the named insured or 4. Admit or in any manner acknowledge liability or 5. Effectuate or attempt to effectuate settlement including but not limited to entering into a consent decree involving the assignment of the insured s interest under this Policy. Any of the foregoing actions by the insured shall be deemed to materially prejudice the Company s rights. D. SUBROGATION If the Company pays an amount hereunder as damages claims expense or as any payment under Section I.B. Supplementary Coverages and Payments or any combination thereof it shall be subrogated to all of each insured s rights of recovery against any person firm or organization. All insureds shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. No insured shall waive or prejudice such rights either prior or subsequent to any claim. Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy E. ACCEPTANCE By acceptance of this Policy the named insured hereby confirms that all provisions hereof including all endorsements and the application attached hereto and made a part of this Policy embody all agreements existing between the named insured and the Company and supersede any prior agreements whether expressed or implied. F. MITIGATION The named insured shall make all reasonable efforts to abate stop prevent or reduce the damages emanating from any pollution condition resulting directly or indirectly from any operations performed by any insured. It is agreed that these efforts shall commence immediately upon discovery or notice of the pollution condition by any insured. These efforts must include mitigating alleviating or otherwise limiting the damages which could result from the pollution condition. Such efforts must be undertaken even in the absence of a claim. G. NO ACTION AGAINST COMPANY No action shall lie against the Company unless as a condition precedent thereto each insured has fully complied with all the provisions of the Policy or until the amount of the named insured s obligation to pay has been finally determined either by written agreement of the named insured the claimant and the Company or by final judgment against the named insured after the actual trial of the issues and the period of time to appeal has elapsed without an appeal having been taken or if an appeal has been taken then until after such appeal has been determined. H. AUDIT The Company shall have the right to examine or audit all financial records of the named insured for the purpose of ascertaining the accuracy of the income or revenue stated in the application. I. NONRENEWAL The Company may non renew this policy by mailing or delivering to the named insured at the address stated on the Declarations Page written notice of nonrenewal at least thirty 30 days before the expiration date of this policy. The Company shall have the right to offer renewal policy terms conditions or premium amounts different than those in effect prior to renewal this does not constitute non renewal. Copyright 2000 Freberg Environmental Inc. Allrights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy J. APPLICATION IS INCORPORATED INTO AND IS PART OF POLICY The named insured acknowledges and agrees that 1. The warranties and representations contained in the Application for this Policy are true correct and complete and 2. The Company issued this Policy in specific reliance upon the representations contained in the Application and 3. The Application is incorporated into and is part of this Policy. K. OTHER INSURANCE If any part of either damages or claims expenses is insured under this Policy and any other current prior or subsequent Policy this Policy shall provide coverage for such damages or claims expenses on a pro rata basis with such other Policy according to the applicable Limits of Liability of this Policy and such other Policy. L. SEPARATION OF INSUREDS Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies 1. Asifeach Named Insured were the only Named Insured and 2. Separately to each insured against whom claim is made or suit is brought. Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 1 Minimum Earned Premium Endorsement This endorsement effective 8292016 attaches to and forms a part of Policy Number FEI PPL17496 03. It modifies insurance provided under the Environmental Impairment Liability Policy. This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following All coverage parts in this Policy. This Policy is subject to a minimum earned premium. If this Policy is canceled at your request you agree with us e that the minimum earned premium for this Policy is 25 of the Total Premium e that such minimum earned premium is not subject to short rate or pro rate or adjustment and e that cancellation for non payment of premium after the effective date of the Policy shall be deemed a request by you for cancellation of this Policy and will activate this minimum earned premium provision. e Inthe event of cancellation of this Policy by the Named Insured after this Policy has been in effect for more than 90 days the return premium due if any shall be computed at a rate equal to ninety percent 90 of the pro rata unearned policy premium subject however to final premium adjustment in accordance with our rules and rates. Al other terms and conditions remain the same. EIL075 0712 EIL075 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 2 Common Policy Conditions Endorsement This endorsement effective 8292016 attaches to and forms a part of Policy Number FEL PPL17496 03. This endorsement changes the Policy. Please read it carefully. In consideration of the premium charged and notwithstanding anything contained in this policy to the contrary it is hereby agreed that all coverage parts included in this policy are subject to the following conditions Al CANCELLATION The named insured may cancel this policy by mailing to the Company written notice stating when thereafter such cancellation shall become effective. The Company may cancel this policy by mailing to the named insured at the mailing address specified the Declarations written notice stating when not less than thirty 30 days thereafter such cancellation shall become effective except in the event of the named insured s nonpayment of premium not less than ten 10 days advance notice of cancellation shall be given. The mailing of notice as aforesaid shall be sufficient proof of either party s intent to cancel. The effective date of cancellation specified in such notice shall terminate this policy period. Delivery of such notice shall be equivalent to mailing. If the named insured cancels the earned premium shall be computed in accordance with the customary short rate table. If the Company cancels the earned premium shall be computed pro rata. The Company will tender any return premium subject to retaining a minimum earned premium equal to 25 of the amount specified in the Declarations. Premium adjustment may be made either at the time cancellation is effective or as soon as practicable thereafter but tender of the unearned premium or return of this policy shall not be conditions precedent to cancellation hereunder. CHANGES No provision of this policy may be amended waived or otherwise changed except by endorsement hereto. ECC315 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 2 EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three 3 years afterward. INSPECTIONS AND SURVEYS We have the right but are not obliged to 1. Make inspections and surveys at any time and 2. Give you reports on the conditions we find and 3. Recommend changes. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions 1. Atre safe or healthful or 2. Comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service engineering firm or similar organization which makes insurance inspections surveys reports or recommendations. NAMED INSURED AS AGENT The named insured specified in the Declarations shall be deemed agent of each insured with respect to all matters involving this policy however the Company shall have the right to seek indemnification from any insured or any other person who may be legally liable for the debts of the named insured. ECC315 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 2 PREMIUMS The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay and 3. Is responsible for the payment of all deductibles and self insured retention amounts under this policy. ADDITIONAL PREMIUMS If during this policy period an increase in the risk or hazards covered hereunder occurs the Company shall have the right to charge the appropriate additional premium. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. BANKRUPTCY Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. ECC315 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 3 Nuclear Energy Liability Exclusion This endorsement effective 8292016 attaches to and forms a part of Policy Number FEI PPL17496 03. This endorsement changes the Policy. Please read it carefully. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1. With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance or 2. Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to 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 organization. B. Under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the harzardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Under any Medical Paymenis coverage to expenses incurred with respect to bodily injury resulting from the hazardous propertics of nuclear materi arising out of the operation of a nuclear facility by any person or organization.. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1. The nuclear material is a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2. The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported 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 nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this ECC316 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 3 exclusion 3 applies only to property damage to such nuclear facility and any property thereat. As used in this endorsement Hazardous properties include radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. 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 component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means a. Any nuclear reactor b. Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste. Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any of the combination thereof or more than 250 grams of uranium 235 or d. Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all 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 radioactive contamination of property. ECC316 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 4 Deductible Liability Insurance Endorsement This endorsement effective 8292016 attaches to and forms a part of Policy Number FEL PPL17496 03. This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE COVERAGE AMOUNT BASIS OF DEDUCTIBLE Per Claim Per Occurrence Bodily Injury Liability Not applicable Not Applicable Property Damage Liability Not applicable Not Applicable Bodily Injury Property Damage S. Not applicable Liability Combined 5000 If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. Our obligation under the Bodily Injury Liability and Property Damage Liability coverage parts to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts state in the Schedule above as applicable to such coverage. B. Deductible amounts may be on either a Per Claim or Per Occurrence basis. The 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 or b. Under Property Damage Liability coverage to all damages sustained by any one person because of property damage or ECC317 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 4. Under Bodily Injury Property Damage Liability Combined to all damages sustained by any one person because of 1 bodily injury or 2 property damage or 3 bodily injury and property damage combined as the result of any one occurrence. If damages are claimed for care loss of services 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 the definition of person includes an organization. 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 or b. Under Property Damage Liability coverage to all damages because of property damage or. Under Bodily Injury Liability and Property Damage Liability Coverage Combined to all damages because of 1 Bodily injury or 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence regardless 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 to the Deductible 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. E. This endorsement does not apply to COVERAGE C. MEDICAL PAYMENTS. ECC317 0712 | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 5 ADMIRAL 2 Automatic Additional Insured Owners Lessees or Contractors This endorsement effective 8292016 attaches to and forms a part of Policy Number FEL PPL17496 03. This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of 0 this endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization Any persons or organizations whom the Named Insured agrees in a written contract to name as an additional insured. However this status exists only for the project specified in that contract. Crest Industrial Chemicals Inc. Endorsement Number 5 The person or organization shown in this Schedule is included as an insured but only with respect to that person s or organization s vicarious liability arising out of your ongoing operations performed for that insured. ECC319 0712 | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 6 ADMIRAL 2 Automatic Waiver of Subrogation Endorsement This endorsement effective 8292016 attaches to and forms a part of Policy Number FEL PPL17496 03. This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization Crest Industrial Chemicals Inc. Endorsement Number 6 Any persons or organizations to whom the Named Insured agrees in a written contract to provide a waiver of subrogation. However this status exists only for the project specified in that contract. The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured s work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. ECC320 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 7 CLAIM NOTICE THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. In the event of claim to which this policy may apply please give notice in accordance with the terms and conditions of the policy form and in any of the following ways to Claims Berkley Custom Insurance Managers 3 Stamford Plaza 301 Tresser Blvd. 8 Floor Stamford CT 06901 E mail feiclaimsberkleycustom.com Fax 855 999 0797 Toll Free Phone 855 597 7616 E mail is the preferred method of receiving claim notice information but any of the above methods of notification will generate an acknowledgement of receipt of claim with a claim number and all of the claim adjusters contact information. ECC322 0713 | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 8 ADMIRAL 2 Exclusion Engineers Architects or Surveyors Professional Liability This endorsement effective 8292016 attaches to and forms a part of Policy Number FEL PPL17496 03. This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section I Coverages and paragraph 2. Exclusions of COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Section I Coverages This insurance does not apply to bodily injury property damage personal injury or advertising injury arising out of the rendering of or failure to render any professional services by you or performing work on your behalf in such capacity. Professional services include Crest Industrial Chemicals Inc. Endorsement Number 8 The preparing approving or failing to prepare or approve maps drawings opinions reports surveys field orders change orders or drawings and specifications and Supervisory inspection architectural or engineering activities. CG 22430196 Copyright Insurance Services Office Inc. 1994 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 9 Products Pollution Coverage Endorsement This endorsement effective 8292016 attaches to and forms a part of Policy Number FEI PPL17496 03. It modifies insurance provided under the Environmental Impairment Liability Policy. This endorsement changes the Policy. Please read it carefully. It is agreed that the following is added to the Environmental Impairment Liability Coverage Form I. Insuring Agreements Coverage COVERAGE The Company shall pay up to the Limits of Liability and in excess of the Self Insured Retention on behalf of the Insured e Liabilities for Property Damage to a Third Party o Liabilities for Bodily Injury to a Third Party e Defense Expenses occurring away from premises owned or rented by nsured and arising out of Product Pollution Conditions which are caused by Products commenced during the Policy Period or after the Retroactive Date if any occurred within the coverage territory and were Discovered and reported to the Company during the Policy Period the Automated Extended Reporting Period or Optional Extended Report Period if any. Coverage will apply only if the Product has not at any time been a Discarded dumped abandoned thrown away or b Transported handled stored treated disposed of or processed as waste by anyone. Further coverage will not apply to a Claims which do not result from a defect or malfunction of the Product as it was originally designed or b Claims which result from the Product performing as it was intended to perform EIL113 0413 | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 9 ADMIRAL The following definitions are added to section II. Definitions Product The term Product means Any goods or products other than real property manufactured sold or distributed by a the Insured or b a person or organization whose business or assets which the Insured has acquired Product Pollution Conditions The term Product Pollution Conditions means the gradual or sudden unintended discharge dispersal release or escape of Pollutants. Crest Industrial Chemicals Inc. Endorsement Number 9 EIL113 0413 | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 10 U. S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous e Foreign agents e Front organizations e Terrorists e Terrorist organizations and e Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s website httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. Admiral Insurance Company Copyright Insurance Services Inc. 2004 PN0001 00107 | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 11 ADMIRAL TRADE OR ECONOMIC SANCTIONS ENDORSEMENT Crest Industrial Chemicals Inc. Endorsement Number 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit the Company from providing insurance including but not limited to the payment of claims. All other terms and conditions of policy remain unchanged. PN0002 1215 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 12 Contingent Transportation Coverage This endorsement effective 8292016 attaches to and forms a part of Policy Number FEI PPL17496 03. It modifies insurance provided under the Environmental Impairment Liability Policy. This endorsement changes the Policy. Please read it carefully. The Environmental Impairment Liability Coverage Form I. Insuring Agreement is deleted in its entirety and replaced by the following COVERAGE The Company shall pay up to the Limits of Liability and in excess of the Self Insured Retention on behalf of the Insured all e Cleanup Costs of the Insured e Liabilities for Property Damage to a Third Party including Cleanup Costs e Liabilities for Bodily Injury to a Third Party and Defense Expenses e Contingent Transportation Liabilities resulting from Pollution Conditions at upon within under or migrating from a Scheduled Location which commenced during the Policy Period or after the Retroactive Date if any and were Discovered and reported to the Company during the Policy Period the Automatic Extended Reporting Period or the Optional Extended Reporting Period if any. A Claim under this coverage must be reported to the Company in accordance with Section VII. Conditions. Further the following definitions are added to section I Definitions Contingent Transportation The term Contingent Transportation means the movement by a Carrier of the Insured s products or waste generated by the Insured after a Carrier leaves the Scheduled Locations until the Insured s waste is unloaded at its final disposal point or Insured s product is delivered at its final delivery point. Al other terms and conditions remain the same. EIL031 0712 EIL031 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 13 Named Insured Endorsement This endorsement effective 8292016 attaches to and forms a part of Policy Number FEI PPL17496 03. It modifies insurance provided under the Environmental Impairment Liability Policy. This endorsement changes the Policy. Please read it carefully. In consideration of additional premium of 0 it is hereby agreed that the following entityies isare included as Additional Named Insureds Named Insureds Crest Industrial Chemicals Inc. 1737 County Road 57 Rosharon TX 77583 Crest Industrial Sales Inc. 1737 County Road 57 Rosharon TX 77583 Correia Holdings Inc. 1737 County Road 57 Rosharon TX 77583 EIL085 0712 All other terms and conditions remain the same. | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 14 ADMIRAL 2 Non Owned Disposal Site Coverage Endorsement This endorsement effective 8292016 attaches to and forms a part of Policy Number FEI PPL17496 03. It modifies insurance provided under the Environmental Impairment Liability Policy. This endorsement changes the Policy. Please read it carefully. The Environmental Impairment Liability Coverage Form I. Insuring Agreements is deleted in its entirety and replaced with the following COVERAGE The Company shall pay up to the Limits of Liability and in excess of the Self Insured Retention on behalf of the Insured all. Cleanup Costs of the Insured Liabilities for Property Damage to a Third Party including Cleanup Costs e Liabilities for Bodily Injury to a Third Party and e Liabilities for Bodily Injury or Property Damage at Non Owned Disposal Sites and Defense Expenses resulting from Pollution Conditions at upon within under or migrating from a Scheduled Location which commenced during the Policy Period or after the Retroactive Date if any and were Discovered and reported to the Company during the Policy Period the Automatic Extended Reporting Period or the Optional Extended Reporting Period if any. A Claim under this coverage must be reported to the Company in accordance with Section VII. Conditions. Crest Industrial Chemicals Inc. Endorsement Number 14 In addition it is hereby agreed that the Environmental Impairment Liability Coverage Form II. Definitions Liabilities is deleted in its entirety and replaced with the following Liabilities The term Liabilities means those sums that the Insured becomes legally obligated to pay to Third Parties as a result of Claims for Bodily Injury EIL096 0513 All other terms and conditions remain the same. EIL096 0513 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 14 Property Damage Cleanup Cost or Non Owned Disposal Sites. Scheduled Non Owned Disposal Sites Any location that accepts the Insured s wastes or recyclable materials and e s properly permitted by applicable federal state or local regulatory agencyies to accept the Insured s wastes and e s not listed on the CERCLA information system CERCLIS as defined by 40 CFR Part 300.5 of the Code of Federal Regulations or any equivalent state or local programs The retroactive date applicable to this endorsement is 8292013. If no date appears the retroactive date shown on the declarations page shall apply. Al other terms and conditions remain the same. EIL096 0513 EIL096 0513 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 15 Exclusion Of Terrorism This endorsement effective 8292016 attaches to and forms a part of Policy Number FEL PPL17496 03. This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ENVIRONMENTAL IMPAIRMENT LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STORAGE TANK ENVIRONMENTAL IMPAIRMENT LIABILITY COVERAGE PART A. The following definitions are added and apply under this endorsement wherever the term terrorism or the phrase any injury or damage are enclosed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following O 3 Use or threat of force or violence or Commission or threat of a dangerous act or Commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and b. When one or both of the following applies O 2 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2. Any injury or damage means any injury or damage covered under any Coverage Part or Policy to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or Policy. CG 21900106 ISO Properties Inc. 2004 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 15 B. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or expected incident of terrorism. Any injury or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage. But this exclusion applies only when one or more of the following are attributed to an incident of terrorism L. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or Radioactive material is released and it appears that one purpose of the terrorism was to release such material or The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs B.5. or B.6. are exceeded. CG 21900106 ISO Properties Inc. 2004 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 15 With respect to this Exclusion Paragraphs B.5. and B.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of terrorism there is no coverage under this Coverage Part or Policy. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part or Policy. CG 21900106 ISO Properties Inc. 2004 | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 16 ADMIRAL e Hired and Non Owned Auto Liability Coverage Endorsement This endorsement effective 8292016 attaches to and forms a part of Policy Number FEL PPL17496 03. This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of 0 and notwithstanding anything contained in this policy to the contrary it is hereby agreed that this insurance applies only to that coverage for which specific limits of insurance are shown COVERAGE NON OWNED AUTO LIABILITY HIRED AUTO LIABILITY LIMITS OF INSURANCE 1000000 Each Occurrence 1000000 Aggregate included in General Aggregate of Policy HIRED AUTO LIABILITY The insurance provided under this policy applies to bodily injury or property damage arising out of the maintenance or use of a hired auto by you or your employee in the course of your business. NON OWNED AUTO LIABILITY The insurance provided under this policy applies to bodily injury or property damage arising out of the use of a non owned auto in your business by any person other than you. With respect to the insurance provided by this endorsement 1. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION I COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions items c. e. g. h. i. j k. m. n. and o. are deleted and replaced by the following a. Bodily injury 1 To an employee of the insured arising out of and in the course of employment by the insured or 2 To the spouse child parent brother or sister of that employee as a consequence of 1 above. Crest Industrial Chemicals Inc. Endorsement Number 16 1000000 1000000. ECC353 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 16 b. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of injury. This exclusion does not apply to 1 Liability assumed by the insured under an insured contract or 2 Bodily injury to domestic employees not entitled to worker s compensation benefits. Property damage 1. To any vehicle rented or hired under a written rental contract or agreement or 2. To property owned or transported by the insured or in the insured s care custody or control. 2. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II WHO IS AN INSURED is deleted in its entirety with respect to coverage afforded by this endorsement and replaced by the following Each of the following is an insured under this insurance to the extent set forth below a. You b. Any other person using a hired auto with your permission c. With respect to a non owned auto any partner or executive officer of yours but only while such non owned auto is being used in your business d. Any other person or organization but only with respect to their liability because of acts or omissions of an insured under a. b. or c. above. of the following is an insured under this insurance a. Any person engaged in the business of his or her employer with respect to bodily injury to any co employee of such person injured in the course of employment Any partner or executive officer with respect to an auto owned by such partner or executive officer or a member of their household Any person while employed in or otherwise engaged in duties in connection with an auto business other than an auto business you own or operate The owner or lessee of whom you are a sublessee of a hired auto or the owner of a non owned auto or any agent or employee of any such owner or lessee ECC353 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 16 e. Any person or organization with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. DEFINITIONS The following additional definitions apply to coverage provided by this endorsement 1. Auto business means the business or occupation of selling repairing servicing storing or parking autos. 2. Domestic employees are persons engaged in household or domestic work performed principally in connection with a residence premises. 3. Hired auto means any auto you lease hire or borrow. This does not include any auto you lease hire or borrow from any of your employees or members of their households or from any of your partners or executive officers. 4. Non owned auto means any auto you do not own lease hire or borrow which is used in connection with your business. However if you are a partnership a non owned auto does not include any auto owned by any partner. ECC353 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 Employee Benefits Liability Declarations Policy No. FEI PPL17496 03 POLICY TERM Effective 8292016 Expiration 8292017 NAMED INSURED AND ADDRESS Crest Industrial Chemicals Inc. 1737 County Road 57 Rosharon TX 77583 RETROACTIVE DATE Section I of this insurance does not apply to negligent acts errors or omissions which occur before the following Retroactive Date if any 8292013 LIMITS OF INSURANCE Aggregate Limit 1.000.000 Each Employee Limit 1.000.000 DEDUCTIBLE The deductible is 10000. This reduces the Limit of Insurance shown as applicable to Each Employee Limit. PREMIUM NO. OF EMPLOYEES RATE PER EMPLOYEE ESTIMATED PREMIUM 20 Not Applicable first 5000 0 next 5.000 RATE PER EMPLOYEE Not Applicable DYEE le first 5000 next 5000 over 10000 Minimum Premium Advance Premium ESTIMATED PREMIUM 30 gl ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 EMPLOYEE BENEFITS LIABILITY COVERAGE FORM This form provides claims made coverage. Please read the entire form carefully. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations. 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 II WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VII DEFINITIONS. SECTION I COVERAGE 1. Insuring Agreement. A. We will pay those sums that the insured becomes legally obligated to pay as damages because of any negligent act error or omission of the insured or of any other person for whose acts the insured is legally liable. The negligent act error or omission must be committed in the administration of your employee benefit program. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. This insurance does not apply to any negligent act error or omission which occurred before the Retroactive Date if any shown in the Declarations or which occurs after the policy expires. The negligent act error or omission must take place in the coverage territory. We will have the right and duty to defend any suit seeking those damages. But 1. The amount we will pay for damages is limited as described in SECTION III LIMITS OF INSURANCE 2. We may at our discretion investigate any report of a negligent act error or omission and settle any claim or suit that may result and ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 3. Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements. B. This insurance applies to any negligent act error or omission of the insured but only if a claim for damages because of the negligent act error or omission is first made against any insured during the policy period. 1. A claim by a person or organization seeking damages will be deemed to have been made when notice of such claim is received and recorded by any insured or by us whichever comes first. 2. All claims for damages sustained by any one employee including the employee s dependents and beneficiaries will be deemed to have been made at the time the first of those claims is made against any insured. 1L Exclusions. This insurance does not apply to A. Loss arising out of any dishonest fraudulent criminal or malicious act or omission committed by any insured Bodily injury property damage or personal injury Loss arising out of failure of performance of contract by any insured Loss arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program Any claim or suit based upon 1. Failure of any investment to perform as represented by an insured or 2. Advice given to any person to participate or not to participate in any plan included in the employee benefit program ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 Loss arising out of your failure to comply with the mandatory provisions of any law concerning workers compensation unemployment insurance social security or disability benefits. Loss for which the insured is liable because of liability imposed on a fiduciary by the Employee Retirement Security Act of 1974 as now or hereafter amended or. Loss or damage for which benefits have accrued under the terms of an employee benefit plan to the extent that such benefits are available from funds accrued by the insured for such benefits or from collectible insurance notwithstanding the insured s act error or omission in administering the plan which precluded the claimant from receiving such benefits. 1II. Supplementary Payments. We will pay with respect to any claim or suit we defend A. B. All expenses we incur. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds.. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 100 a day because of time off from work.. All costs taxed against the insured in the suit. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we made an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. 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. ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 These payments will not reduce the limits of insurance. SECTION II WHO IS AN INSURED 1. Ifyou are designated in the Declarations as A. Anindividual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. B. A partnership or joint venture you are an insured. C. An organization other than a partnership or joint venture you are an insured. Your directors and stockholders are also insureds but only with respect to their liability as your directors or stockholders. 1L Each of the following is also an insured A. Each of your partners executive officers and employees who is authorized to administer your employee benefit program. B. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. III. Any organization you newly acquire or form other than a partnership or joint venture and over which you maintain ownership or majority interest will be deemed to be 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 and B. Coverage under this provision does not apply to any negligent act error or omission that occurred before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 SECTION III LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of A. Insureds B. Claims made or suits brought C. Persons or organizations making claims or bringing suits D. Acts errors or omissions which result in loss or E. Plans included in your employee benefit program. II. The Aggregate Limit is the most we will pay for all damages because of acts errors or omissions committed in the administration of your employee benefit program. III. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one employee including the employee s dependents and beneficiaries because of acts errors or omissions committed in the administration of your employee benefit program. The limits of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV DEDUCTIBLE Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in Item 4 of the Declarations as applicable to Each Employee. The limits of insurance applicable to Each Employee will be reduced by the amount of this deductible. The Aggregate limit shall not be reduced by the application of such deductible amount. ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 1. The deductible amount stated in the Declarations applies to all damages sustained by an employee because of an act error or omission covered by this insurance. III. The terms of this insurance including those with respect to A. Ourright and duty to defend any suits seeking those damages and B. Your duties in the event of an act error or omission claim or suit apply irrespective of the application of the deductible amount. IV. 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. SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS 1. Bankruptcy. Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. II. Duties In The Event Of Act Error Or Omission Claim Or Suit. A. Youmust see to it that we are notified as soon as practicable of an act error or omission which may result in a claim. Notice should include 1. What the act error or omission was and when it occurred and 2. The names and addresses of any employees who may suffer damages as a result of the act error or omission. Notice of an act error or omission is not notice of a claim. B. Ifaclaim is received by any insured you must 1. Immediately record the specifics of the claim and the date received and ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 2. Notify us as soon as practicable. You must see to it that we receive written notice of the claim as soon as practicable. C. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or a suit Authorize us to obtain records and other information Cooperate with us in the investigation settlement or defense of the claim or suit and 4. Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of damage to which this insurance may also apply. D. No insureds will except at their own cost voluntarily make a payment assume any obligation or incur any expense without our consent. III. Legal Action Against Us. No person or organization has a right under this Coverage Part A. To join us as a party or otherwise bring us into a suit asking for damages from an insured or B. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 V. Other Insurance. If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part our obligations are limited as follows A. Primary Insurance. This insurance is primary except when paragraph 4. of Section VI Extended Reporting Periods 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 b. below. B. Method of Sharing. If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. V. Premium Audit. A. We will compute all premiums for this Coverage Part in accordance with our rules and rates. B. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess to the first Named Insured. ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 C. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. VI. Representations. By accepting this policy you agree A. The statements in the Declarations are accurate and complete B. Those statements are based upon representations you made to us and C. We have issued this policy in reliance upon your representations. VII.Separation of Insureds. Except with respect to the Limits of Insurance and any rights or duties specifically assigned to the first Named Insured this insurance applies A. Asif each Named Insured were the only Named Insured and B. Separately to each insured against whom claim is made or suit is brought. VIILTransfer of Rights of Recovery against Others to Us. If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. IX. Cancellation Non renewal Renewal and Reduction or Deletion of Coverage. The following conditions also apply to this Coverage Part All conditions relating to cancellation non renewal renewal and reduction or deletion of coverage which would apply to a Commercial General Liability Coverage Part attached to this policy. ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 SECTION VI EXTENDED REPORTING PERIODS 1. We will provide an automatic Extended Reporting Period as described in paragraph 3. or if you purchase it an Extended Reporting Period Endorsement as described in paragraph 4. only if A. This Coverage Part is cancelled or not renewed for any reason or B. We renew or replace this Coverage Part with other insurance that has a Retroactive Date later than the one shown in this Coverage Part s Declarations. 1. Ifwe provide an Extended Reporting Period the following is added to paragraph 1.b. of SECTION I INSURING AGREEMENT Section 1 A claim first made during the Extended Reporting Period will be deemed to have been made on the last day of the policy period provided that the claim is for damages because of an act error or omission that occurred before the end of the policy period of this policy but not before any applicable Retroactive Date. The Extended Reporting Period will not reinstate or increase the Limits of Insurance or extend the policy period. III. The automatic Extended Reporting Period will be for 60 days starting with the end of the policy period of this policy. This automatic Extended Reporting Period applies only if no subsequent insurance you purchase applies to the claim or would apply but for the exhaustion of its applicable limit of insurance. This automatic Extended Reporting Period may not be cancelled. IV. If you purchase the optional Extended Reporting Period Endorsement the Extended Reporting Period will be for one year starting with the end of the policy period of this policy. We will issue that Endorsement if the first Named Insured shown in the Declarations ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 A. Makes a written request for it which we receive within 60 days after the end of the policy period and Promptly pays the additional premium when due. The Extended Reporting Period Endorsement will not take effect unless the additional premium is paid when due. If that premium is paid when due the endorsement may not be cancelled. The Extended Reporting Period Endorsement will also amend paragraph 4.a. of SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS Other Insurance so that the insurance provided will be excess over any other valid and collectible insurance available to the insured whether primary excess contingent or on any other basis whose policy period begins or continues after the Endorsement takes effect. V. We will determine the actual premium for the Extended Reporting Period Endorsement in accordance with our rules and rates. In doing so we may take into account the following A. B. C. D. The exposures insured Previous types and amounts of insurance Limits of Insurance available under this Coverage Part for future payment of damages and Other related factors. The premium for the Extended Reporting Period Endorsement will not exceed 200 of the annual premium for the Coverage Part to which the endorsement would be attached and will be fully earned when the Endorsement takes effect. SECTION VII DEFINITIONS 1. Administration means ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 1. VL Counseling employees including their dependents and beneficiaries with respect to the employee benefit program Handling records in connection with the employee benefit program or Effecting or terminating any employee s participation in a plan included in the employee benefit program. 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 the United States of America including its territories and possessions Puerto Rico and Canada.. Employees means your officers partners and employees whether actively employed disabled or retired. Employee benefit program means the following plans A. Group life insurance group accident or health insurance profit sharing plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such insurance or plans Unemployment insurance social security benefits workers compensation and disability benefits or Any other similar plan designated in the Declaration or added thereto by endorsement. Personal injury means injury other than bodily injury arising out of one or more of the following offenses A. B. False arrest detention or imprisonment Malicious prosecution Wrongful entry into or eviction of a person from a room dwelling or premises that the person occupies ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 D. Oral or written publication of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services or E. Oral or written publication of material that violates a person s right of privacy. VILProfit sharing plans mean only such plans that are equally available to all full time employees. VIILProperty damage means A. Physical injury to tangible property including all resulting loss of use of that property or B. Loss of use of tangible property that is not physically injured IX. Stock subscription plans mean only such plans that are equally available to all full time employees. Suit means a civil proceeding in which damages because of an act error or omission to which this insurance applies are alleged. Suit includes an arbitration proceeding alleging such damages to which you must submit. ECC359 0712 | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 18 ADMIR e Amendment of Cancellation Notice Endorsement This endorsement effective 8292016 attaches to and forms a part of Policy Number FEL PPL17496 03. This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of 0 this endorsement modifies insurance provided under the following Notwithstanding the appropriate provision of this policy in the event cancellation of this policy is instigated by the Company for any reason except nonpayment of premium the Company will endeavor to provide 30 days advance notice of such cancellation to the following Crest Industrial Chemicals Inc. Endorsement Number 18 ECC502 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 19 Mold and Mildew Exclusion This endorsement effective 8292016 attaches to and forms a part of Policy Number FEL PPL17496 03. This endorsement changes the Policy. Please read it carefully. In consideration of the premium charged and not withstanding anything contained in this policy to the contrary it is hereby agreed that this insurance does not apply to any loss or expense arising directly or indirectly out of or in concurrence with actual alleged or threatened existence growth spread proliferation discharge dispersal seepage release cross contamination or escape of any form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi regardless of whether or not any such loss or expense arises out of professional services or any air testing air monitoring air sampling physical testing sample collection evaluation assessment remediation abatement investigation clean up analytical testing andor containment activities performed or rendered by the Named Insured or by anyone acting on behalf or at the request or under the direct or indirect supervision of the Named Insured. The Company will have no duty to defend any legal proceeding or to pay for any claim excluded by this endorsement. ECC510 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 20 Punitive or Exemplary Damage Amendment This endorsement effective 8292016 attaches to and forms a part of Policy Number FEL PPL17496 03. This endorsement changes the Policy. Please read it carefully. In consideration of the premium charged it is agreed that this policy shall not apply to a claim of or indemnification for punitive or exemplary damages or any damages awarded pursuant to statute in the form of double treble or other multiple damages in excess of compensatory damages. If suit is brought against the insured for a claim falling within coverage provided under the policy seeking both compensatory and punitive or exemplary damages then we will afford a defense to such action however we will have no obligation to pay for any costs interest or damages attributable to punitive or exemplary damages. This amendment does not apply in states where punitive or exemplary damages are insurable by law. ECC528 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 21 Automatic Primary and Non Contributory Insurance Endorsement Designated Work Or Projects This endorsement effective 8292016 attaches to and forms a part of Policy Number FEL PPL17496 03. This endorsement changes the Policy. Please read it carefully. SCHEDULE Name of Person or Organization Any persons or organizations whom the Named Insured agrees in a written contract to provide Primary andor Non contributory status of this insurance. However this status exists only for the project specified in that contract. In consideration of an additional premium of 0 and notwithstanding anything contained in this policy to the contrary it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the persons or organizations named in the schedule may have is excess and non contributory to this insurance. ECC548 0712 | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 22 ADMIRAL 2 Additional Insured Owners Lessees or Contractors Completed Operations This endorsement effective 8292016 attaches to and forms a part of Policy Number FEL PPL17496 03. This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name and Address of Person or Organization Blanket where Required by Written Contract Location And Description of Completed Operations Additional Premium 0 If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. Section IT Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of your work at the location designated and described in the schedule of this endorsement performed for that insured and included in the products completed operations hazard. Crest Industrial Chemicals Inc. Endorsement Number 22 Copyright ISO Properties Inc. 2000 CG 20371001 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 23 Service of Suit This endorsement effective 8292016 attaches to and forms a part of Policy Number FEL PPL17496 03. This endorsement changes the Policy. Please read it carefully. The Named Insured and the Company agree to the following In the event of the failure by the Company to pay any amount claimed to be due under this policy the Company will at the Named Insured s request submit to the jurisdiction of any court of competent Jjurisdiction within the United States of America and will comply with all requirements necessary to give the Court jurisdiction. Nothing in this endorsement constitutes or should be understood to constitute a waiver of the Company s rights to commence an action in any court of competent jurisdiction in the United States to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. In a suit instituted against the Company under this contract the Company agrees to abide by the final decision of the court or of any appellate court in the event of an appeal. Pursuant to any statute of any state territory or district of the United States of America which makes a provision therefore the Company will designate the Superintendent Commissioner or Director of Insurance or other officer specified for that purpose in the statute or his successor or successors in office as the Company s true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of the Named Insured or the Named Insured s beneficiary arising out of this contract of insurance. The officer named below is authorized and directed to accept service of process on the Company s behalf Rene A. Miller Freberg Environmental Insurance Inc. 2000 South Colorado Boulevard Tower II Suite 800 Denver CO 80222 Having accepted service of process on the Company s behalf the officer is authorized to mail the process or a true copy to Claims Berkley Custom Insurance Managers 3 Stamford Plaza 301 Tresser Blvd. 8 Floor Stamford CT 06901 ECC326 0712 | 2 |
DIVIDER PAGE Producer No 90265 25778300000000 Pol Eff Dt 07 01 2016 Date Printed 07 15 2016 Time Printed 092426 Trans Eff Dt 07 01 2016 Insured Name HI PRO FEEDS INC. Policy No CPP136532A Trans Seq No 001 Trans Type New Business Issue Oper Init LSTEELE Company Abbr FF Release Version 16.11 User Selected Sets Copies Printer INSURED COPY 01 PDF PRINTER CERTIFED COPY 01 No forms to include with this set Insured Copy DIVIDER PAGE Producer No 90265 SAN 25778300000000 Pol Eff Dt 07 01 2016 Office Date Printed 07 15 2016 Time Printed 092426 Trans Eff Dt 07 01 2016 Insured Name HI PRO FEEDS INC. Policy No CPP136532A Trans Seq No 001 Trans Type New Business Issue Oper Init LSTEELE Company Abbr FF Release Version 16.11 User Selected Sets Copies Printer INSURED COPY 01 PDF PRINTER CERTIFED COPY 01 No forms to include with this set DIVIDER PAGE Producer No 90265 SAN 2577830000000C Pol Eff Dt 07 01 2016 Office Date Printed 07 15 2016 Time Printed 092426 Trans Eff Dt 07 01 2016 Insured Name HI PRO FEEDS INC. Policy No CPP136532A Trans Seq No 001 Trans Type New Business Issue Oper Init LSTEELE Company Abbr FF Release Version 16.11 User Selected Sets Copies Printer INSURED COPY 01 PDF PRINTER CERTIFED COPY 01 No forms to include with this set nan nan nan nan 25778300000000.0 SAN Office | 2 |
IMPORTANT NOTICE To obtain information or make a complaint You may call Nationwide Agribusiness Insurance Company or Farmland Mutual Insurance Company toll free for information or to make a complaint at 1 800 228 6700 You may also write to Nationwide Agribusiness Insurance Company Farmland Mutual Insurance Company 1100 Locust Street Des Moines IA 50391 You may contact the Texas Department of Insurance to obtain information on companies coverages rights or complaints at 1 800 252 3439 You may write the Texas Department of Insurance P.O.Box 149104 Austin TX 78714 9104 Fax 512 490 1007 Web httpwww.tdi.texas.gov E mail ConsumerProtectiontdi.texas.gov PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja Usted puede llamar Nationwide Agribusiness Insurance Company o Farmland Mutual Insurance Company al numero gratuito para obtener informacin o para presentar una queja en 1 800 228 6700 Usted tambien puede escribir a Nationwide Agribusiness Insurance Company Farmland Mutual Insurance Company 1100 Locust Street Des Moines IA 50391 Puede comunicarse con el Departamento de Seguros de Tesas para obtener informacion acerca de companias coberturas derechos o quejas al 1 800 252 3439 Puede escribir al Departamento de Seguros de Texas P.O.Box 149104 Austin TX 78714 9104 Fax 512 490 1007 Web httpwww.tdi.texas.gov E mail ConsumerProtectiontdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS si tene wuna disputa concerniente a su prima o a un reclamo debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa puede entonces comunicarse con el departamento TDI. UNA ESTE AVISO A SU POLIZA Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. ARAX101 0416 Insured Copy | 2 |
Policy Number CPP136532A Nationwide COMMON POLICY DECLARATIONS NATIONWIDE AGRIBUSINESS INSURANCE COMPANY 1100 Locust St. Dept 3000 Des Moines IA 50391 3000 Item1. Named Insured and Mailing Address Agent Name and Address HI PRO FEEDS INC. LOCKTON COMPANIES LLC HI PRO FEEDS LP 444 WEST 47TH ST SUITE 900 1201 E 11TH ST KANSAS CITY MO 64112 FRIONA TX 79035 AgentNo. 90265 Item 3. Business Description FEED MILLS FOR LIVESTOCK AND PET FOODS Form of Business CORPORATION Item4. 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. This policy consists of the following coverage parts for which a premium is indicated. Where no premium is shown there is no coverage. This premium may be subject to adjustment. Coverage Parts Premium Commercial Property Coverage Part NOT COVERED Commercial General Liability Coverage Part 112602.00 Crime and Fidelity Coverage Part NOT COVERED Commercial Inland Marine Coverage Part NOT COVERED Commercial Auto Business or Truckers Coverage Part NOT COVERED Commercial Garage Coverage Part NOT COVERED Total Policy Premium 112602.00 Item 5. Forms and Endorsements Forms and Endorsements made a part of this policy at time of issue See Schedule of Forms and Endorsements COMMON POLICY DECLARATIONS CPP136532A Y 3000 oSULILE ZJUU 64112 Countersigned Date By Authorized Representative THIS COMMON POLICY DECLARATION AND THE SUPPLEMENTAL DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PARTS COVERAGE FORMS AND FORMS AND ENDORSEMENTS IF ANY COMPLETE THE ABOVE NUMBERED POLICY. CO DEC 0701 Insured Copy | 2 |
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