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COMMERCIAL GENERAL LIABILITY CG 2147 1207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a. b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and To any obligation to share damages with or repay someone else who must pay damages because of the injury. All terms and conditions of this policy apply unless modified by this endorsement. added to Paragraph 2. Coverage A Bodily ge Liability oly to ny at person person s employment practices policies ich as coercion demo assignment discipline nent humiliation dis cious prosecution di or nt brother or sister of uence of bodily injury any of the employment bed in Paragraphs a ted. ing event described in c above occurs before ployment or after em ay be liable as an em pacity and hare damages with or ho must pay damages 1SO Properties Inc. 2006 INSURED COPY Page 1 of 1 72 0001276 CG 2147 1207 ACP GLAO7225439696 LB7V 14056 | 2 |
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COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or assess ing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply 1o any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure lo existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding lo or assessing the effects of fungi or bacteria by any in sured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. All terms and conditions of this policy apply unless modified by this endorsement. aragraph 2. B. The A Bodily Exc 8 son 2. age which vhole or in i or threat of contact or presence or within a is contents her cause ibuted con such injury ng out of 1 g cleaning g detoxify r disposing or assess eria by any r entity o T CG 21671204 Includes copyrighted material of Insurance Services Office Inc. with permission. 1SO Properties Inc. 2004 ACP GLAO7225439696 187V 14086 INSURED COPY Page 10of 1 72 0001277 | 2 |
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COMMERCIAL GENERAL LIABILITY CG21700108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insur ance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insur ance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in ac cordance with procedures established by the Secre tary of the Treasury. Certified act of terrorism means an act that is certi fied by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursu ant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. All terms and conditions of this policy apply unless modified by this endorsement. Page 1 of 1 72 0001278 1SO Properties Inc. 2007 INSURED COPY CG21700108 ACP GLAO7225439696 LB7V 14056 | 2 |
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COMMERCIAL GENERAL LIABILITY CG227904 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 1. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to either or both of the following operations a. Providing engineering architectural or surveying services 1o others in your capacity as an engineer architect or surveyor and b. Providing or hiring independent professionals to provide engineering architectural or surveying services in connection with construction work you perform. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional services by you or on your behalf with respect to the operations described above. 2. Subject to Paragraph 3. below professional services include a. Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. All terms and conditions apply unless modified by this endorsement. CG227904 13 Insurance Services Office Inc. 2012 ACP GLAO7225439696 L87vV. 14056 INSURED COPY Page1of 1 72 0001279 | 2 |
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COMMERCIAL GENERAL LIABILITY CG 22921207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SNOW PLOW OPERATIONS COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Within the products completed operations hazard Exclusion g. under Section 1 Coverage A Bodily Injury And Property Damage Liability does not apply to any auto used for snow plow operations. All terms and conditions of this policy apply unless modified by this endorsement. Page 10f 1 72 0001280 1SO Properties Inc. 2006 INSURED COPY CG 22921207 ACP GLA07225439696 LB7V 14056 | 2 |
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COMMERCIAL GENERAL LIABILITY CG 26 42 0105 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES BINDING ARBITRATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If after a claim has been made a dispute arises be cause we and the insured do not agree whether cov erage is provided under this Coverage Part for a claim made against the insured both parties may by mutual consent agree in writing lo arbitration of the disagreement. One party can not force the other party into arbi tration. However if both parties agree to arbitrale by mutual consent each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days both parties must request that selec tion be made by a judge of a court having jurisdiction. Each party will 1. Pay the expenses it incurs and 2. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise arbitration will ake place in the county in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. All terms and conditions of this policy apply unless modified by this endorsement. CG 26420105 ACP GLAO7225439696 L87V 14056 ISO Properties Inc. 2005 INSURED COPY Page 1 of 1 72 0001281 | 2 |
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CG 70 23 10 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ASBESTOS ELECTRO MAGNETIC RADIATION LEAD AND RADON This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This policy does not apply to any claims arising out of or alleged to have arisen out of any of the following 1. Asbestos or any asbestos related injury or damage including but not limited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or failure to disclose the presence of asbestos or other duty involving asbestos its use exposure existence detection removal elimination or avoidance. Electro magnetic emissions or radiation related injury or damage including but not limited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or other duty in volving any electro magnetic emissions or radiation from use exposure existence detection removal elimi nation or avoidance of electrical energy. Lead or any lead related injury or damage including but not limited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or other duty involving lead or lead pro ducts their use exposure existence detection removal elimination or avoidance. Radon or any other radioactive emissions manmade or natural or any related injury or damage including but not limited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or other duty involving radon or any other radioactive emissions their use exposure existence de tection removal elimination or avoidance. We shall not have a duty to defend any insured against a claim or suit seeking damage to which this insurance does not apply. CG 70 23 10 96 ACP GLAO7225439696 INSURED COPY L87v 14056 nan nan nan nan 72.0 1282.0 | 2 |
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CG 70 33 03 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT TWO OR MORE COVERAGE FORMS OR POLICIES ISSUED BY US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following condition is added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 10. Two or More Coverage Forms or Policies Issued by Us. If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us apply to the same occurrence the aggregate maximum limit of insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. CG 70 33 03 93 ACP GLA07225439696 LB7V 14056 INSURED COPY nan nan nan nan 72.0 1283.0 | 2 |
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COMMERCIAL GENERAL LIABILITY CG 72460212 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT COMMERCIAL CONTRACTORS COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED Section H is amended 3. to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. The written contract or written agreement must be 1. Valid and legally enforceable 2. Currently in effect or becoming effective during the term of this policy and 3. Executed prior to an occurrence resulting in bodily injury property damage or personal and advertising injury. B. The insurance provided to the additional insured is further limited as follows 1. That person or organization is an additional 4. insured but only with respect to liability for bodily injury or property damage caused in whole or in part by your work for the additional insured which is the subject of the written contract or written agreement. 2. we insured the Named Insured for more than one annual policy period a. Only the policy in effect at the time the bodily injury property damage or personal and advertising injury first occurs will apply b. Bodily injury property damage or personal and advertising injury first occurs when it is initially discovered by any person. Any continuation progressi change or resumption of bodily injury property 5 damage or personal and advertising injury will be deemed to be one occurrence d. Our limit of liability will not exceed the Limits of Insurance for one annual policy period. The coverage provid insured by this endors 1. of the definition of in DEFINITIONS SECTI to bodily injury or caused in whole or in completled operation required by the writte agreement. When co bodily injury or prop in whole or in parl completed operatior coverage will not apply time required by the written agreement. The insurance provid insured does not apply Bodily injury pro personal and advertis of the rendering of or professional architect surveying services incl a. The preparing ap prepare or apy drawings opinion field orders chang and specifications b. Supervisory inspe engineering activitie. Defects in desig furnished by the ac employees. We have no duty to de additional insured unde a. For any loss whic Named Insured co at the location of th CG 72460212 Includes copyrighted material of Insurance Services Office Inc. with its permission. ACP GLA07225439696 LB7V 14056 INSURED COPY The coverage provided to the additional insured by this endorsement and paragraph 1. of the definition of insured contract under DEFINITIONS SECTION V does not apply to bodily injury or property damage caused in whole or in part by the products compleled operations hazard unless required by the written contract or written agreement. When coverage does apply 1o bodily injury or properly damage caused in whole or in part by the products completed operations hazard such coverage will not apply beyond the period of time required by the written contract or written agreement. The insurance provided io the additional insured does not apply to Bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional architectural engineering or surveying services including a. The preparing approving or failure to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and b. Supervisory inspection architectural or engineering activities. c. Defects in design or specifications furnished by the additional insured or its employees. We have no duty to defend or indemnify an additional insured under this endorsement a. For any loss which occurs prior to our Named Insured commencing operations at the location of the loss. Page 10f 3 72 0001284 | 2 |
CG 7246 0212 b. Until we receive written notice of a claim or suit from the additional insured as required in the Duties In The Event of Occurrence Offense Claim or Suit Condition. C. With respect to the coverage provided under this endorsement the COMMERCIAL GENERAL LIABILITY CONDITIONS SECTION IV are amended as follows 1. The following is added to the Duties In The Event of Occurrence Offense Claim or Suit Condition An additional insured under this endorsement will as soon as practicable 1 Give written notice of an occurrence or an offense to us which may result in a claim or suil under this insurance Agree to trigger or activate any other insurance which the additional insured has for a loss we cover under this Coverage Parl by tendering the defense to the insurers of all such other insurance 2. With respect to the coverage provided under this endorsement Condition 4. Other Insurance is replaced by the following a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement 1 That this insurance be primary. If other insurance is also primary we will share with all that other insurance as described in c. below or The coverage afforded by this insurance is primary and non contributory with the additional insured s own insurance. Paragraphs 1 and 2 do not apply 1o other insurance to which the additional insured has been added as an additional insured or to other insurance described in paragraph b. below. 2 2 b. Excess Insurance This insurance is excess over 1 Any of the other insurance whether primary excess confingent or on any other basis a Thatis Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work That is fire lightning explosion insurance b premises rented to you or temporarily occupied by you with permission of the owner c That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or d If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability e That is any other insurance available to an additional insured under this endorsement covering liability for damages arising out of the premises or operations or products and completed operations for which the additional insured has been added as an additional insured by that other insurance. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the additional insured against any suit if any other insurer has a duty to defend the additional insured against that suit. If no other insurer defends we will undertake to do so but we will be entitied fo the additional insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of CG 72460212 72 0001285 Includes copyrighted material of Insurance Services Office Inc. with its permission. LB7V 14056 INSURED COPY Page2of3 ACP GLAO7225439696 | 2 |
a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 4 c. CG 72460212 Method of Sharing If all of the other insurance available 1o the additional insured 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 available to the additional insured does not permit contribution by equal shares we wil 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 allinsurers. All terms and conditions of this policy apply unless modified by this endorsement. a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 4 CG 72460212 Includes copyrighted material of Insurance Services Office Inc. with its permission. ACP GLAO7225439696 L87V 14056 INSURED COPY Page 3 of 3 72 0001286 | 2 |
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COMMERCIAL GENERAL LIABILITY CG72580908 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OPERATIONS COVERED BY A CONSOLIDATED WRAP UP INSURANCE PROGRAM 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 Coverages This insurance including any duty to defend does not apply to bodily injury or property damage arising out of either your ongoing operations or operations included within the products completed operations hazard at any location where a consolidated wrap up insurance program has been provided by the prime contractor project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated wrap up insurance program 1 Provides coverage identical to that provided by this Coverage Part 2 Has limits adequate to cover all claims or 3 Remains in effect. This exclusion applies whether or not the consolidated wrap up insurance program 1 Provides coverage identical to that provided by this Coverage Part 2 Has limits adequate to cover all claims or 3 Remains in effect. All terms and conditions of this policy apply unless modified by this endorsement. Page 10of 1 72 0001287 CG 72580908 ACP GLAQ7225439696 L87V 14056 INSURED COPY | 2 |
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COMMERCIAL GENERAL LIABILITY CG73231111 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM LOST KEY COVERAGE SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY coverage is extended to include the following If a customer s master or grand key excluding electronic key card is lost while in your care custody or control we will pay the cost of replacing the keys including the master lock and all keys used in the same lock the cost of adjusting locks to accept the new keys or the cost to replace the locks whichever is less. Limit of Insurance The most we will pay for loss arising out of any one occurrence is 5000. SECTION V DEFINITIONS is amended as follows The following definition applies 1o Lost Key Coverage Loss means unintentional physical damage or destruction to tangible property including theft or disappearance. Tangible property does not include money or securities. VOLUNTARY PROPERTY DAMAGE SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY coverage is exiended to include the following At your request we will pay for property damage to property of others caused by you and while in your possession arising out of your business operations and occurring during the policy period. Limit of Insurance The most we will pay for loss arising out of any one occurrence is 500. SECTION V DEFINITIONS is amended as follows The following definition applies to Voluntary Loss means unintentional damage or destruction but does not include disappearance theft or loss of use. NON OWNED WATERCRAFT SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions is amended as follows g. Aircraft Auto Or Watercratt 2 a is replaced with a Less than 51 feet long and EXPANDED PROPERTY DAMAGE COV ERAGE For the purposes of this endorsement only SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions is amended as follows a. Exclusions j.3.5. and j.6 are deleted in their entirety. b. Exclusion j.4 is deleted in its entirety and replaced by the following Personal property in the care custody or control of the insured 1. for storage or sale at premises you own rent or occupy or 2. while being fransporied by any aircraft auto or watercraft owned or operated by or rented to or loaned to any insured.. The following exclusions are added 1. The coverage provided by this endorsement does not apply to property damage arising out of the disappearance or loss of use of personal property. 2. The coverage provided by this endorsement does not apply to property damage included in the Property Damage coverage products completed operations hazard. CG73231111 Includes copyrighted material of Insurance Services Office Inc. Page 1 of 6 with its permission. ACP GLAO7225439696 L7V 14056 INSURED COPY 72 0001288 | 2 |
CG73231111 Limit of Insurance The most we will pay for properlty damage provided by this coverage in any one occurrence is 5000. Deductible Our obligation to pay for a covered loss applies only to the amount of loss in excess of 250. This insurance is excess over any other valid and collectible insurance. DAMAGE TO PREMISES RENTED TO YOU SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY the last paragraph of 2. Exclusions of is replaced by the following If Damage to Premises Rented to You is not otherwise excluded exclusions c. through n. do not apply to damage by fire lightning explosion smoke or sprinkler leakage 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 lll Limits of Insurance. SECTION Il LIMITS OF INSURANCE paragraph 6 is replaced with 6. Subject to 5. above the Damage To Premises Rented To You Limit is the most we will pay under Goverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire lightning explosion smoke or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. The limit is increased to 300000. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance b. Excess Insurance 1 a i is replaced with ii That is Fire Lightning Explosion Smoke or Sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner. SUPPLEMENTARY PAYMENTS SECTION COVERAGES SUPPLEMEN TARY PAYMENTS COVERAGES A AND B is amended as follows 1. 1. b. replaced with b. Up to 2500 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. 2. 1. d. replaced with d. All reasonable expenses incurred by the insured at our request fo assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. NEWLY FORMED AND ACQUIRED ORGANIZATIONS SECTION Il WHO IS AN INSURED is amended as follows 1. 3. a.is replaced with a. Coverage under this provision is afforded only until the 180 day after you acquire or form the organization or the end of the policy period whichever is earlier ADDITIONAL INSURED WHEN REQUIRED IN AN AGREEMENT OR CONTRACT WITH YOU PRIMARY AND NON CONTRIBUTORY The following is added to SECTION Il WHO IS AN INSURED 4. Any persons or organizations with whom you have agreed in a valid written contract or written agreement that such person or organization be added as an additional insured on your policy during the policy period shown in the Declarations. Such person or organization is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury. The person or organization added as an insured by this endorsement is an insured only 1o the extent you are held liable due to a. Lessors of Leased Equipment Maintenance operation or use of equipment leased to you by such person or organization. This insurance does not apply to any occurrence which takes place after the equipment lease expires. However their status as additional insured under this policy ends when their lease contracl or agreement with you for such leased equipment expires. CG73231111 72 0001289 Includes copyrighted material of Insurance Services Office Inc. with its permission LB7V 14056 INSURED COPY Page 2 of 6 ACP GLAO7225439696 | 2 |
CG73231111 ACP GLAO7225439696 LB7V 14056 b. Managers or Lessors of Premises The ownership maintenance or use of that part of the premises you own rent lease or occupy. This insurance does not apply to 1 Any occurrence which takes place after you cease to be a tenant in that premises. 2 Structural alterations new con struction or demolition operations performed by or on behalf of the person or organization. However their status as additional insured under this policy ends when you cease 1o be atenant of such premises. c. State or Political Subdivision Permits Operations performed by you or on your behalf for which the state or political subdivision has issued a permit. This insurance does not apply 1o 1 Bodily injury or property damage or personal or advertising injury arising out of operations performed for the state or municipality or 2 Bodily injury or properly damage included within the products completed operations hazard. However such state or political subdivision s status as additional insurec under this policy ends when the permit ends. Owners Lessees or Contractors Bodily injury property damage or personal and advertising injury caused in whole or in part by 1 Your acts or omissions or 2 The acts or omissions of those acting on your behalf in the performance of your ongoing operations performed for that additional insured whether the work is performed by you or on your behalf. CG73231111 The insurance does not apply to 1 bodily injury property damage or personal and advertising injury arising out of the rendering of or the failure to render any professional architectural engineering or survey services including a. The preparing approving or failing to prepare or approve maps shop drawings opinions reports survey field orders change orders or drawings and specifications or b Supervisory inspection architec tural or engineering activities. Bodily injury or property damage occurring after a All work including materials parts or equipment fumished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or b That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. However a person or organization s status as additional insured under this policy ends when your operations for that additional insured are completed. 2 With respect to paragraph 4 of SECTION I WHO IS AN INSURED Condiiion 4. Other Insurance of Section IV Commercial General Liability Conditions is replaced by the following 4. Other Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED COPY 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 if you have agreed in a written contract or written agreement Page 3 of 6 72 0001290 G73231111 Includes copyrighted material of Insurance Services Office Inc. with its permission. ACP GLAO7225439696 L87V 14056 INSURED COPY Page 3 of 6 72 0001290 | 2 |
G73231111 M 2 That this insurance be primary. other insurance is also primary we will share with all that other insurance as described in. below or The coverage afforded by this insurance is primary and non contributory with the additional insured s own insurance. Paragraphs 1 and 2 do not apply to other insurance to which the additional insured has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over M Any of the other insurance whether primary excess contingenl or on any other basis a That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work b That is fire lighining or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner c That is insurance purchased by you to cover your liability as a tenant for property damage to premises renfed to you or temporarily occupied by you with permission of the owner or If the loss arises out of the maintenance or use of aircraft autos or watercraft 1o the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability. e That is any other insurance available to an additional insured under this endorsement covering liability arising out of the premises or operations or products completed operations for which the additional insured has been added as an additional insured by that other insurance. C 2 When this insurance is excess we will have no duty under Coverages A or B to defend the additional insured against any suit if any other insurer has a duty to defend the additional insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the additional insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If all of the other insurance available to the additional insured 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 available to the additional insured 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 fimit of insurance to the total applicable limits of insurance of all insurers. 3 4 CG732311 11 72 0001291 Includes copyrighted material of Insurance Services Office Inc. with its permission. 87V 14056 INSURED COPY Page 4 of 6 ACP GLAO7225439696 | 2 |
CG73231111 MEDICAL PAYMENTS SECTION 1l LIMITS OF INSURANCE Paragraph 7. is replaced 7. Subject to 5. above the higher of a. 10000 or b. The amount shown in the Declarations for Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by one person. This coverage does nol apply if Coverage C Medical Payments is excluded either by the provisions of any coverage forms attached to the policy or by endorsement. KNOWLEDGE OF AN OCCURRENCE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to 2. Duties In The Event Of Occurrence Offense Claim Or Suit condition e. Knowledge of an occurrence offense claim or suit by an agenl or employee of any insured shall not in itself constitute knowledge of the insured unless you a partner if you are a partnership or an executive officer or insurance manager if you are a corporation receives such notice of an occurrence offense claim or suit from the agent or employee. f. The requirements in Section IV Conditions Paragraph 2.b. will not be considered breached unless there is knowledge of occurrence as outlined in paragraph e. above. UNINTENTIONAL FAILURE TO DISCLOSE HAZARD SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 6. Representations is amended 1o include d. Your failure to disclose all hazards or prior occurrences or offenses existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior occurrences or offenses is not intentional. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal EMPLOYEE BODILY INJURY TO ANOTHER EMPLOYEE SECTION Il WHO IS AN INSURED The following Paragraph is added 1o 2.a.1 Paragraphs 2.a.1a b and c do not apply to bodily injury to a coemployee in the course of the coemployee s employment by you or to bodily injury to a covolunteer worker while performing duties related to the conduct of your business. BROAD FORM NAMED INSURED SECTION Il WHO IS AN INSURED The following Paragraph is added to 2. e. Any business entity incorporated or organized under the laws of the United State of America including any State thereof its temitories or possessions or Canada including any Province thereof in which the Named Insured shown in the Declarations owns during the policy period an interest of more than fifty percent. If other valid collectible insurance is available to any business entity covered by this solely by reason of ownership by the Named Insured shown in the Declarations in excess of fifty percent this insurance is excess over the other insurance whether primary excess contingent or on any other basis. AGGREGATE LIMIT PER LOCATION SECTION Il LIMITS OF INSURANCE The following paragraph is added to paragraph 2 The General Aggregate Limit under Section 1l Limits of Insurance applies separately to each of your locations owned by or rented to you or temporarily occupied by you with the permission of the owner. For the purposes of this provision location means premises involving the same or connecting lots or premises whose connection is interrupted only by a public street roadway waterway or railroad right of way. AGGREGATE LIMIT PER PROJECT SECTION Il LIMITS OF INSURANCE The following paragraph is added to paragraph 2 The General Aggregate Limit under Section Il Limits of Insurance applies separately to each of your construction projects away from premises owned by or rented to you. CG73231111 Includes copyrighted material of Insurance Services Office Inc. with its permission. ACP GLA07225439696 LB7V 14056 INSURED COPY Page 5 of 6 72 0001292 | 2 |
CG73231111 WAIVER OF SUBROGATION SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 8. Transfer of Rights of Recovery Against Others to Us is amended to include If required by a written contract executed prior to loss we waive any right of subrogation we may have against the contracting person or organization because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazards. LIBERALIZATION SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 10. Liberalization is added as follows If we revise this coverage form to provide more coverage without additional premium charge your policy will automatically provide the additional coverage as of the day the revision is effective in your state. BROADENED BODILY INJURY DEFIN MENTAL ANGUISH SECTION V DEFINITIONS is amend follows 1. 3. Bodily injury is deleted and replace the following Bodily injury means physical sickness or disease to a person arising out of the foregoing mental an mental injury shock or humiliation inc death at any time resulting therefrom. All terms and conditions of this policy apply unless modified by this endorsement. BROADENED BODILY INJURY DEFINITION MENTAL ANGUISH SECTION V DEFINITIONS is amended as follows 1. 3. Bodily injury is deleted and replaced with the following Bodily injury means physical injury sickness or disease to a person and if arising out of the foregoing mental anguish mental injury shock or humiliation including death at any time resulting therefrom. CG73231111 72 0001203 Includes copyrighted material of Insurance Services Office Inc. with its permission. 87V 14056 INSURED COPY Page 6 of 6 ACP GLAO7225439696 | 2 |
COMMERCIAL GENERAL LIABILITY CG74201211 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SUBSIDENCE OF LAND This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability of the Commercial General Liability Coverage Part and Paragraph 2. Section Coverages Prod ucts Completed Operations of the Prod ucts Completed Operations Coverage Part 2. Exclusions This insurance does not apply to Subsidence Of Land Property damage included within the prod ucts completed operations hazard arising out of the subsidence of land. B. The following definition is added to Section V Definitions Subsidence means earth movement resulting from a. Any natural event or b. Any artificial cause specifically including your work or the work of any other person or organization. Earth movement includes but is not limited to landslide mud flow erosion contraction settling sinking rising or shifting. All terms and conditions of this policy apply unless modified by this endorsement. CG74201211 Includes copyrighted material of Insurance Services Office Inc. with its permission. ACP GLA07225439696 LB7V 14056 INSURED COPY Page1of 1 72 0001294 | 2 |
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COMMERCIAL GENERAL LIABILITY CG 2187 0107 GC 21870107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. Applicability Of The Provisions Of This Endorsement 1. The provisions of this endorsement be 3 Redefine terrorism or make insur ance coverage for terrorism subject to provisions or requirements that come applicable commencing on the date when any one or more of the following first occurs. But if your policy meaning the pol icy period in which this endorsement ap plies begins after such date then the pro visions of this endorsement become applicable on the date your policy begins. a. The federal Terrorism Risk Insurance Program Program established by the Terrorism Risk Insurance Act has ter minated with respect to the type of in surance provided under this Coverage Part or Policy or b. A renewal extension or replacement of the Program has become effective with out a requirement to make terrorism coverage available to you and with revi sions that 1 Increase our statutory percentage deductible under the Program for ter rorism losses. That deductible de termines the amount of all certified terrorism losses we must pay in a calendar year before the federal government shares in subsequent payment of certified terrorism loss es. or 2 Decrease the federal government s statutory percentage share in poten tial terrorism losses above such de ductible or differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement be come applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that ad dresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terror ism however defined which results in injury or damage that occurs on or after the date when the provisions of this en dorsement become applicable for claims made policies such an endorse ment is superseded only with respect to an incident of terrorism however de fined that results in a claim for injury or damage first being made on or after the date when the provisions of this en dorsement become applicable and b. Remain applicable unless we notify you of changes in these provisions in re sponse to federal law. 3. If the provisions of this endorsement do NOT become applicable any terrorism en dorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will con tinue in effect unless we notify you of changes to that endorsement in response to federal law. CG 21870107 Page 10f 2 GC 21870107 ACP GLAO7225439696 LB7V 14056 INSURED COPY 72 000129 3 Redefine terrorism or make insur ance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement be come applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that ad dresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terror ism however defined which results in injury or damage that occurs on or after the date when the provisions of this en dorsement become applicable for claims made policies such an endorse ment is superseded only with respect to an incident of terrorism however de fined that results in a claim for injury or damage first being made on or after the date when the provisions of this en dorsement become applicable and b. Remain applicable unless we notify you of changes in these provisions in re sponse to federal law. 3. If the provisions of this endorsement do NOT become applicable any terrorism en dorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will con tinue in effect unless we notify you of changes to that endorsement in response to federal law. Page 10f 2 72 0001295 INSURED COPY | 2 |
CG 2187 0107 GC 21870107 B. The following definitions are added and apply 2. Radioactive material is released and il ap Page 2 of 2 ACP GLAO7225439696 L87V 14056 under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed 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 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupls an electronic communication information or mechan ical system and b. When one or both of the following applies 1 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. 2 C. 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 ex pected incident of terrorism. Any injury or dam age is excluded regardless of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or pears that one purpose of the terrorism was 1o release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceed ed we will include all insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage thal is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment 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 concerl 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 C.5. or C.6. are exceeded. With respect to this Exclusion Paragraphs C.5. and C.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 ap plies to an incident of terrorism there is no cov erage 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. All terms and conditions of this policy apply unless modified by this endorsement. IS0 Properties Inc. 2005 INSURED COPY CG 21870107 GC 21870107 72 0001296 L87V 14056 | 2 |
1L0017 1198 1L0017 1198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliv ering to us advance written notice of cancella tion.. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason.. We will mail or deliver our notice to the first Named Insured s last mailing address known to us.. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date.. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be ef fective even if we have not made or offered a refund.. If notice is mailed proof of mailing will be suffi cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara tions is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and re cords as they relate to this policy at any time dur ing the policy period and up to three years after ward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or rec ommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators.. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay.. 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 in sured. 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 represen tative. 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. IL 00 17 11 98 Copyright Insurance Services Office Inc. 1998 ACP GLAO7225439696 LB7V 14056 INSURED COPY Page 1 of 1 72 0001207 | 2 |
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IL 002109 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply C. Under any Liability Coverage to bodily injury A. Under any Liability Coverage to bodily injury or property damage resuiting from hazard or property damage ous properties of nuclear material if 1 With respect to which an insured under 1 The nuclear material a is at any nuclear 1L 00210908 the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Underwriters Nuclear Insurance Associa tion of Canada or any of their successors or would be an insured under any such pol icy but for its termination upon exhaustion of its limit of liability or Resulting from the. hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi Zzation. 2 B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 3 ISO Properties Inc. 2007 Page 10f2 C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 3 Page 10f2 ACP GLA07225439696 87V 14056 INSURED COPY nan nan nan nan 72.0 1288.0 | 2 |
c Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. d 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material spe cial nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or ex posed to radiation in a nuclear reactor Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear 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 packag ing waste IL 00 2109 08 ISO Properties Inc. 2007 Page 2 of 2 nan nan nan nan 72.0 1299.0 INSURED COPY L87v 14056 ACP GLA07225439696 | 2 |
1L 026108 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following Al CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2.a. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation stating the reasons for cancel lation at least 1 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium 2 30 days before the effective date of cancel lation if we cancel for any other reason. b. If this policy has been in effect for 80 days or more or if it is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 This policy was issued because of material misrepresentation 3 You or any other insured violated any of the material terms and conditions of this policy 4 Unfavorable underwriting factors specific to you exist that were not present at the in ception of this policy 8 A determination by the insurance commis sioner that continuation of coverage could place us in a hazardous financial condition or in violation of the laws of Kansas or 6 A determination by the insurance commis sioner that we no longer have adequate re insurance to meet our needs. B. The following is added and supersedes any condi tion to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expiration of the policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured s last mail ing address known to us. If notice is mailed proof of mailing will be sufficient proof of no tice. 4 8 6 1SO Properties Inc. 2006 INSURED COPY IL 02610907 ACP GLAO7225439696 Page 10f 1 72 0001300 LB7V 14056 | 2 |
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13614 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL CONTINUATION PROVISION SPECIAL CONTINUATION PROVISION if we offer to continue and you or your representative do not accept this policy will automatically terminate at the end of the current policy period. Failure to pay the required continuation premium when due shall mean that you have not accepted our offer. 13614 11 85 ACP GLA07225439696 nan nan nan nan 72.0 1301.0 INSURED COPY LB7V 14056 | 2 |
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Nationwide Underwritten by Scottsdale Indemnity Company Home Office One Nationwide Plaza Columbus Ohio 43215 Administrative Office 8877 North Gainey Center Drive Scottsdale Arizona 85258 1 800 423 7675 A Stock Company In Witness Whereof the Company has caused this policy to be executed and attested. l w 747 Secretary President The information contained herein replaces any similar information contained elsewhere in the policy. Z 7 President UTI COVPG 1 16 Insured Copy | 2 |
Nationwide nwide Scottsdale Insurance Company National Casualty Company Scottsdale Indemnity Company Scottsdale Surplus Lines Insurance Company CLAIM REPORTING INFORMATION Your insurance policy has been placed with a Nationwide insurance company. Our commitment to you is to provide fast fair claim service. Promptly reporting an event that could lead to a claim as required by your policy helps us fulfill this commitment to you. Please refer to your policy for this and all other terms and conditions. To report a claim you may contact us 24 hours a day 7 days a week by calling 1 800 423 7675 or via our website at www.nationwideexcessandsurplus.com. Thank you for your business and as always we appreciate the opportunity to serve you. HOW TO REPORT A CLAIM Call 1 800 423 7675 or visit our website at www.nationwideexcessandsurplus.com. In order to expedite this process please be prepared to furnish as much of the following information as possible Your policy number Date time and location of the loss accident Details of the loss accident Name address and phone number of any involved parties If applicable name of law enforcement agency or fire department along with the incident num ber Please refer to your policy for specific claim reporting requirements. 1 of the loss accident ident ra nimbar Af anyg irvahiad nardiae NOTX0178CW 3 16 Insured Copy | 2 |
COMMON POLICY DECLARATIONS WLI0000362 Scottsdale Indemnity Company Policy Number Renewal of Number Home Office One Nationwide Plaza o Columbus Ohio 43215 WLI0000369 Administrative Office 8377 N. Gainey Center Drive o Scottsdale Arizona 85258 18004237675 A STOCK COMPANY ITEM 1. Named Insured and Mailing Address CITY OF GARDNER GARDNER ENERGY 1150 E SANTA FE GARDNER KS 66030 Agent Name and Address R T SPECIALTY LLC Agent No. Program No. NONE 1100 WALNUT ST 24712 STE 3200 KANSAS CITY MO 64106 2197 From12 31 2016 To12 31 2017 1201 AM. Standard Time at the mailing address shown in ITEM 1. ITEM 2. Policy Period Term1 Year Business Description PUBLIC ENTITY 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 Summary Commercial General Liability Coverage Part 8794.00 Commercial Property Coverage Part COVERED Commercial Crime And Fidelity Coverage Part COVERED Commercial Inland Marine Coverage Part COVERED Commercial Auto Coverage Part COVERED Professional Liability Coverage Part COVERED Total Policy Premium 8794.00 Policy Total 8794.00 Forms and Endorsements made a part of this policy at time of issue See Schedule of Forms and Endorsements 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. OPLD1 810 Administrative Office 8 1 800 423 7675 A STOCK COMPANY TEM 1.Named Insured and Mailing Address ITY OF GARDNER GARDNER ENERGY 1150 E SANTA FE SARDNER KS 66030 gent Name and Address R T SPECIALTY LLC Agent No. 1100 WALNUT ST STE 3200 24712 ANSAS CITY MO 64106 2197 Program No. NONE Loverage Farqs Commercial General Liability Coverage Part Commercial Property Coverage Part Commercial Crime And Fidelity Coverage Part Commercial Inland Marine Coverage Part Commercial Auto Coverage Part Professional Liability Coverage Part Total Policy Premium NC NC NC NC NC Insured Copy | 2 |
Scottsdale Indemnity Company SCHEDULE OF FORMS AND ENDORSEMENTS Policy No. WLI0000369 Effective Date 12 31 16 1201 A.M. Standard Time Named Insured CITY OF GARDNER GARDNER ENERGY AgentNo. 24712 COMMON POLICY FORMS AND ENDORSEMENTS UTI COVPG COVER PAGE NOTX0178CW CLAIM REPORTING INFORMATION COMMON POLICY DECLARATIONS SCHEDULE OF FORMS ENDORSEMENT SCHEDULE OF LOCATIONS COMMON POLICY CONDITIONS NUCLEAR ENERGY LIABILITY EXCLUSION ENDT KANSAS CHANGES CANC NONREN. PUNITIVE OR EXEMPLARY DAMAGE EXCLUSION ENDORSEMENTS CLI SD1L COMMERCIAL LIABILITY COVERAGE PART DEC GENERAL LIABILITY COVERAGE PART EXT. COMMERCIAL GENERAL LIABILITY COV FORM DEDUCTIBLE LIABILITY INSURANCE EXCL ACC DISCL OF CONFI OR PERSONAL INFO EXCL DESIGNATED PROFESSIONAL SERVICES EXCL COV C MEDICAL PAYMENTS TOTAL POLLUTION EXCLUSION ENDORSEMENT FUNGI OR BACTERIA EXCLUSION EXCLUSION OF CERTIFIED ACTS OF TERRORISM SILICA OR SILICA RELATED DUST EXCLUSION EXCL FAILURE TO SUPPLY EXCL INJURY TO VOLUNTEER FIREMEN GOVERNMENTAL SUBDIVISIONS KANSAS CHANGES CONCEALMENT OR FRAUD DESIGNATED OPERATIONS EXCLUSION KNOWN INJURY DAMAGE EXCL PERS ADV INJU HYDRAULIC FRACTURING EXCLUSION ASBESTOS EXCLUSION LEAD CONTAMINATION EXCLUSION 00 03 21 21 21 21 21 21 21 22 22 24 26 1 0 8 GLI GLI2 GLI341s UTI266 G UTI267 G 01 00 06 16 35 49 67 73 96 50 56 09 82 3s 9s COOHO OO0 OO OHOHOO O GO1OH RFJJ8W RNV ORGR NN AN WO HOOHVVHO HOWORH O 0000 N IN Y0000 WUT LTI O R WS O SCHE mpany DORSEMENTS ffective Date 12 31 16 1201 A.M. Standard Time OMMON POLICY FORMS AND ENDORSEMENTS JTI COVPG VOTX0178CW NN NN NN NN OO ABNNR RRRRHR OUIUIL oV WHO OO NGO WO TG OF JTI266 G JTI267 G 09 99 12 04 01 15 03 05 04 13 07 98 07 98 01 16 09 02 11 07 08 12 05 98 05 98 COVER PAGE CLAIM REPORTING INFORMATION COMMON POLICY DECLARATIONS SCHEDULE OF FORMS ENDORSEMENT SCHEDULE OF LOCATIONS COMMON POLICY CONDITIONS NUCLEAR ENERGY LIABILITY EXCLUSION ENDT KANSAS CHANGES CANC NONRENL PUNITIVE OR EXEMPLARY DAMAGE EXCLUSION ENDORSEMENTS COMMERCIAL LIABILITY COVERAGE PART DEC GENERAL LIABILITY COVERAGE PART EXT. COMMERCIAL GENERAL LIABILITY COV FORM DEDUCTIBLE LIABILITY INSURANCE EXCL ACC DISCL OF CONFI OR PERSONAL INFO EXCL DESIGNATED PROFESSIONAL SERVICES EXCL COV C MEDICAL PAYMENTS TOTAL POLLUTION EXCLUSION ENDORSEMENT FUNGI OR BACTERIA EXCLUSION EXCLUSION OF CERTIFIED ACTS OF TERRORISM SILICA OR SILICA RELATED DUST EXCLUSION EXCL FAILURE TO SUPPLY EXCL INJURY TO VOLUNTEER FIREMEN GOVERNMENTAL SUBDIVISIONS KANSAS CHANGES CONCEALMENT OR FRAUD DESIGNATED OPERATIONS EXCLUSION KNOWN INJURY DAMAGE EXCL PERS ADV INJU HYDRAULIC FRACTURING EXCLUSION ASBESTOS EXCLUSION LEAD CONTAMINATION EXCLUSION UTI SP2L 12 95 Insured Copy | 2 |
Scottsdale Indemnity Company SCHEDULE OF LOCATIONS Policy No. WLI0000369 Effective Date 12 31 16 1201 A.M. Standard Time Named Insured CITY OF GARDNER GARDNER ENERGY AgentNo. 24712 Prem. Bldg. Designated Premises No. No. Address City State Zip Code Occupancy 001 001 1150 E. SANTA FE GARDNER KS 66030 Scottsdale Indemnity C SCHEDULE OF LOC olicy No. WLI0000369 mpany IONS ffective Date 12 31 16 1201 A.M. Standard Time No. No. Address City State Zip Code Occupancy 001 001 1150 E. SANTA FE GARDNER KS 66030 UTI SP3 8.96 Insured Copy | 2 |
IL 0017 1198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliv ering to us advance written notice of cancella tion. 2. We may cancel this policy by mailing or deliver ing to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancella tion if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancella tion if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suffi cient proof of notice.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy.. Examination Of Your Books And Records We may examine and audit your books and re cords as they relate to this policy at any time dur ing the policy period and up to three years after ward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not war rant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators.. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay.. 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 in sured. If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal rep resentative. Until your legal representative is ap pointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Page 10f 1 o Copyright Insurance Services Office Inc. 1998 Insured Copy IL 0017 1198 | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwrit 2 C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent 2 ers Nuclear Insurance Association of Can ada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into 3 fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured o The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. by the United States of America or any agency thereof with any person or organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or 3 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. ISO Properties Inc. 2007 Insured Copy Page 10f 2 m IL 00 21 09 08 | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. d Page 2 of 2 ISO Properties Inc. 2007 Insured Copy IL 00 21 09 08 o | 2 |
IL 02 61 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following A CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2.a. We may cancel this policy by mailing or deliver ing to the first Named Insured written notice of cancellation stating the reasons for cancella tion at least 1 10 days before the effective date of cancella tion if we cancel for nonpayment of pre mium. 2 30 days before the effective date of cancella tion if we cancel for any other reason. b. If this policy has been in effect for 90 days or more or if it is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 This policy was issued because of material misrepresentation 3 You or any other insured violated any of the material terms and conditions of this policy 4 Unfavorable underwriting factors specific to you exist that were not present at the in ception of this policy 5 A determination by the insurance commis sioner that continuation of coverage could place us in a hazardous financial condition or in violation of the laws of Kansas or 6 A determination by the insurance commis sioner that we no longer have adequate re insurance to meet our needs. B. The following is added and supersedes any condi tion to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the ex piration of the policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured s last mail ing address known to us. If notice is mailed proof of mailing will be sufficient proof of no tice. ISO Properties Inc. 2006 Insured Copy Page 10f1 m IL 02 61 09 07 | 2 |
Scottsdale Indemnity Company Attached to and forming a part of Endorsement Effective Date 12 31 16 Policy No. WL.I000036 1201 A M. Standard Time Nemed Insured CITY OF GARDNER GARDNER ENERGY AgentNo. 24712 o THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PUNITIVE OR EXEMPLARY DAMAGE EXCLUSION In consideration of the premium charged it is agreed that this policy does not apply to a claim of or indem nification for punitive or exemplary damages. Punitive or exemplary damages also include 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 any insured for a claim falling within coverage provided under the policy seeking both compensatory and punitive or exemplary damages then the Company will afford a defense to such action however the Company will have no obligation to pay for any costs interest or damages attributable to punitive or exemplary damages. DATE AUTHORIZED REPRESENTATIVE Insured Copy UTI74 g 8 95 | 2 |
Scottsdale Indemnity Company COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS Policy No. WLI0000369 Effective Date 12 31 16 1201 A.M. Standard Time Named Insured CITY OF GARDNER GARDNER ENERGY AgentNo. 24712 Item 1. ts of Insurance Coverage Limit of Liability Aggregate Limits of Liability Products Completed 2000000 Operations Aggregate General Aggregate other than 2000000 Products Completed Operations Coverage A Bodily Injury and any one occurrence subject to Property Damage Liability the Products Completed Operations and General 1000000 Aggregate Limits of Liability Damage To Premises Rented any one premises subject to the To You Coverage A occurrence and the General Aggregate Limits of 500000 jabilty Coverage B Personal and any one person or organization Advertising Injury subject to the General Aggregate 1000000 Liability. Limits of Liability Coverage C Medical Payments any one person subject to the Coverage A occurrence and the General Aggregate Limits of NOT COVERED Liability Form of business PUBLIC ENTITY Individual Partnership Joint Venture Trust Limited Liability Company X Organization including a corporation other than Partnership Joint Venture or Limited Liability Company Location of All Premises You Own Rent or Occupy See Schedule of Locations Item 3. Forms and Endorsements Forms and Endorsements made a part of this policy at time of issue See Schedule of Forms and Endorsements Item 4. Premiums Coverage Part Premium 8794.00 Other Premium Total Premium 8794.00 THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. CLI SD1L 0801 Scottsdale Indemnity Company COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS olicy No. WLI0000369 Effective Date 12 31 16 1201 A.M. Standard Time FropenyDmage Liability Damage To Premises Rented To You Damage To Premises Rented To You ip Joint Venture Trust Limited Liability Company rporation other than Partnership Joint Venture or Limited Liability Company Rent or Occupy Insured Copy | 2 |
Scottsdale Indemnity Company COMMERCIAL GENERAL LIABILITY COVERAGE PART EXTENSION OF SUPPLEMENTAL DECLARATIONS Policy No. WLI0000369 Effective Date 12 31 16 1201 A.M. Standard Time Named Insured CITY OF GARDNER GARDNER ENERGY Agent 24712 Prem. No. Bldg. No. Class Code Exposure Basis 001001 92445 1244700. PAYROLL NEAREST THOUSAND Class Description Premises Operations ELECTRIC LIGHT OR POWER COMPANIES PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE Premium GENERAL AGGREGATE LIMIT 7.065 8794.00 Products Comp Operations Class Description Premises Operations Products Comp Operations Premium Prem. No. Bldg. No. Class Code Exposure Class Description Premises Operations Premium Products Comp Operations Prem. No. Bldg. No. Class Code Exposure Class Description Premises Operations Rate Premium Products Comp Operations Premium PART IONS e 12 31 16 1201 A.M. Standard Time LECTRIC LIGHT OR POWER COMPANIES PRODUCTS DMPLETED OPERATIONS ARE SUBJECT TO THE iNERAL AGGREGATE LIMIT CLI SP1L 10 93 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicity provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory c.. Bodily injury or. Damages because of bodily 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or clam knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. 3 property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. his policy restrict coverage. carefully to determine rights 10 t covered. e words you and your refer own in the Declarations and nization qualifying as a Named y. The words we us and providing this insurance. s any person or organization er Section Il Who Is An es that appear in quotation ning. Refer to Section V S INJURY AND PROPERTY ums that the insured becomes pay as damages because of roperty damage to which this We will have the right and e insured against any suit 1vaaes. However. we will have z CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 1 of 16 | 0 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Lial Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. b This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or faling to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Page 2 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a 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 i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or i Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or i Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels Ilubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. ii CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 3 of 16 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 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 clam or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or b 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 3 Page 4 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behaf 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.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or usion does not apply to ded in the products ard. ur product arising out ur work arising out of it luded in the products ard. apply if the damaged CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 5 of 16 | 1 |
4 Any federal state or local statute 2. Exclusions This insurance does not apply to ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicity 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. a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. ance applies to this coverage 1 Il Limits Of Insurance. IAL AND ADVERTISING ums that the insured becomes pay as damages because of ertisina iniurv to which this Page 6 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. publishing or n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 3 CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law.. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests.. Products Completed Operations Hazard Included within the products completed operations hazard.. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 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. 2. Exclusions el d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual 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. loss of earnings up to 250 a day because of time off from work.. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured.. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. as described an accident u own or rent 1 the coverage icy period 1 and renarted time of an ray and dental vices and professional jury vorkers. Page 8 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. 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 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 limits of f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 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. b c d 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 Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. Anindividual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. eSIS Ol the Inaemnitee the insured ask us to the defense of that 1 suit and agree that we counsel to defend the tee and CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business 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 b c c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or 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. damages with or repay someone elsg fvho No person or organization is an insured with respect to must pay damages because of the injury the conduct of any current or past partnership joint described in Paragraph 1a or b venture or limited liability company that is not shown as above or aNamed Insured in the Declarations. Arising out of his or her providing or SECTION Iil LIMITS OF INSURANCE failing to provide professional health care 4 e imits of Insurance shown i the Declarations services. and the rules below fix the most we will pay 2 Property damage to property regardless of the number of a Owned occupied or used by a. Insureds b Rented to in the care custody or control b. Claims made or suits brought or of or over which physical COOI is being c. Persons or organizations making claims or exercised for any purpose by bringing suits. you arly of your employees volunteer 2. The General Aggregate Limit is the most we will pay workers any partner or member if you are a for the sum of partnership or joint venture or any member B a. Medical expenses under Coverage C if you are a limited liability company. b. Any person other than your employee or b. Damages under Coverage A except damages because of bodily injury or property damage volunteer worker or any organization while acting as your real estate manager. included in the products completed operations hazard and c. Damages under Coverage B. d Page 10 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claimis made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent.. 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 settltment 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. wioTL AP Personal And will pay under s because of tained by any e whichever the most we erty damage Damage To most we will 5 because of while rented while rented y you with e last preceding period for purposes Limits of Insurance. DMMERCIAL GENERAL LIABILITY CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 11 of 16 | 1 |
4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below.. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitlied to the insured s rights against all those other insurers. i iii 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. b. We will compute all premiums for this Coverage Part in accordance with our rules and rates. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured.. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations accurate and complete are Page 12 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
b. Those statements are based representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. upon 3.. Hostile However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. 2 3. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. fire means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. 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 the repair replacement adjustment or removal of your product or your work or your fuffiling the terms of the contract or agreement. Yy deeiylizid b e lamed Insured this vere the only Named gainst whom claim is Against Others To ver all or part of any this Coverage Part us. The insured must them. At our request ansfer those rights to overage Part we will ed Insured shown in CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 13 of 16 | 1 |
9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 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. b 10. 1 12 Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto it is in or on an aircraft watercraft or s or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. e agreement except in ruction or demolition 0 feet of a railroad ired by ordinance to except in connection ty A ranment Page 14 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
13. 14. 15. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. 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. 16. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. 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. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means a. Physical injury 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. b c equipmen but will be imarily for but not construction nilar devices mounted chassis and used to and mps and generators welding building exploration lighting oment. does not include any t to a compulsory or r other motor vehicle icensed or principally ct to a compulsory or r other motor vehicle autos. accident including ure to substantially the ns.. TR HOMLY out of ry into cy of a person of its ner of son or or CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 15 of 16 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising 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. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. failure to provide 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or warnings or instructions. failure to provide Page 16 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
POLICY NUMBER WLI0000369 IBER WLI0000369 COMMERCIAL GENERAL LIABILITY CG 03 00 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Coverage Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE Bodily Injury Liability OR Property Damage Liability OR Bodily Injury Liability and or Property Damage Liability Combined 2000 S If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. Ifno limitation is entered the deductibles apply to damages for all bodily injury and property damage however caused A. Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. B. You may select a deductible amount on either a per claim or a per occurrence basis. Your se lected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Sched ule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to all damages sustained by any one person because of bodily injury b. Under Property Damage Liability Cover age to all damages sustained by any one person because of property damage or. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages sustained by any one person because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence. If damages are claimed for care loss of serv ices or death resulting at any time from bodily injury a separate deductible amount will be applied to cach person making a claim for such damages. With respect to property damage person in cludes an organization. CG 03 00 01 96 Copyright Insurance Services Office Inc. 1994 Page 1 of 2 Insured Copy | 2 |
as the result of any one occurrence regardless of the number of persons or organizations who sustain damages because of that occurrence. The terms of this insurance including those with respect to 1. Our right and duty to defend the insured against any suits secking those damages and 2. Your duties in the event of an occurrence claim or suit apply irrespective of the application of the deducti ble amount. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deducti ble amount as has been paid by us. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a per occurrence basis that deductible amount applies as follows a. Under Bodily Injury Liability Coverage to all damages because of bodily injury b. Under Property Damage Liability Coverage to all damages because of property damage or. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined CG 03 00 01 96 Page 2 of 2 Copyright Insurance Services Office Inc. 1994 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY CG 2106 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A As used in this exclusion electronic data Bodily Injury And Property Damage Liability is means information facts or programs replaced by the following stored as or on created or used on or 2. Exclusions transmitted to or from computer software This insurance does not apply to p Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. 2 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. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information 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. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CG 2106 05 14 Insurance Services Office Inc. 2013 Insured Copy Page 1of 1 | 2 |
POLICY NUMBER WLI0000369 POLICY NUMBER WLI0000369 COMMERCIAL GENERAL LIABILITY CG 21160413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Professional Services 1. ALL PROFESSIONAL SERVICES OF ANY INSURED. With respect to any professional services shown in the Schedule the following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury due to the rendering of or failure to render any professional service. Information required to complete this Schedule if not shown above will be shown in the Declarations. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. CG 21160413 Insurance Services Office Inc. 2012 Insured Copy Page 1 of 1 | 2 |
POLICY NUMBER WLI0000369 POLICY NUMBER WLI0000369 COMMERCIAL GENERAL LIABILITY CG 21351001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION COVERAGE C MEDICAL PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE IDescription And Location Of Premises Or Classification JALL PREMISES AND CLASSIFICATIONS If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. With respect to any premises or classification shown 2. The following is added to Section Supple in the Schedule mentary Payments 1. Section Coverage C Medical Payments h. Expenses incurred by the insured for first does not apply and none of the references to it aid administered to others at the time of an in the Coverage Part apply and accident for bodily injury to which this in surance applies.. PREMISES AND CLASSIFICATIONS 2. The following is added to Section Supple mentary Payments h. Expenses incurred by the insured for first aid administered to others at the time of an accident for bodily injury to which this in surance applies. ISO Properties Inc. 2000 Insured Copy Page 1 of 1 o CG 21351001 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2149 09 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion. under Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability is replaced by the foliowing This insurance does not apply to. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. 2 Any loss cost or expense arising out of any a 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 govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Page 1of 1 CG 214909 99 Copyright. Insurance Services Office Inc. 1998 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIAEXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage.. Any loss cost or expenses arising out of the abating testing for monitoring clean ing up removing containing treating de toxifying neutralizing remediating or dis posing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liabilif 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury.. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or assess ing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CG 21671204 ISO Properties Inc. 2003 Insured Copy Page 1 of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG21730115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part 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. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CG 21730115 Insurance Services Office Inc. 2014 Insured Copy Page 1of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21 96 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Liability 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of sil ica or silica related dust.. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to ex istence of or presence of silica or silica related dust.. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing contain ing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of in gestion of contact with exposure to exis tence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing contain ing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. C. The following definitions are added to the Defini tions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms sil ica particles silica dust or silica compounds. Silica related dust means a mixture or combi nation of silica and other dust or particles. CG 21 96 03 05 ISO Properties Inc. 2004 Insured Copy Page 1 of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 22500413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION FAILURE TO SUPPLY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to bodily injury or property damage arising out of the failure of any insured to adequately supply gas oil water electricity steam or biofuel. This exclusion does not apply if the failure to supply results from the sudden and accidental injury to tangible property owned or used by any insured to procure produce process or transmit the gas oil water electricity steam or biofuel. CG 22500413 Insurance Services Office Inc. 2012 Insured Copy Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2256 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INJURY TO VOLUNTEER FIREFIGHTERS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Ex This insurance does not apply to bodily injury or per clusions of Section I Coverage A Bodily Injury And sonal and advertising injury to any volunteer fire Property Damage Liability and Paragraph 2. Exclu fighters whether or not they are membersof your organ sions of Section I Coverage B Personal And Adver ization while in the course of their duties as such. tising Injury Liability Page 1of 1 CG 225607 98 Copyright Insurance Services Office Inc. 1997 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY CG 24 0907 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GOVERNMENTAL SUBDIVISIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II Who Is An Insured is amended to in clude as an insured any elective or appointive offi cer or a member of any board or commission or agency of yours while acting within the scope of their duties as such. B. Paragraph b. of the definition of mobile equip ment in the Definitions Section is replaced by the following 12. Mobile equipment means any of the follow ing types of land vehicles including any at tached machinery or equipment Vehicles maintained for use solely on or next to premises you own or rent. How ever any land motor vehicle trailer or semitrailer designed for travel on public roads including any machinery or appara tus that is attached owned or leased by you shall be deemed an auto and not mobile equipment if the only reason for considering it mobile equipment is that it ismaintained for use exclusively on streets or highways owned by you. Page 1 of 1 CG 2409 07 98 Copyright Insurance Services Office Inc. 1997 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY CG 26820116 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CONCEALMENT OR FRAUD This endorsement modifies insurance provided under the following PRODUCT WITHDRAWAL COVERAGE PART The Concealment Or Fraud paragraph under 2. Conceals information concerning any material fact Section IV Conditions is replaced by the following relating to a product withdrawal or product Concealment Or Fraud withdrawal expense incurred by you for the f misleading. We will not provide coverage under Coverage A of purpose of misleading this Coverage Part if you or any other insured in relation to an insurance application rating claim or coverage under this policy knowingly and with intent to defraud 1. Presents causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer purported insurer broker or any agent thereof any written electronic electronic impulse facsimile magnetic oral or telephonic communication or statement which such person knows to contain materially false information concerning any material fact or 2. Conceals information concerning any material fact relating to a product withdrawal or product withdrawal expense incurred by you for the purpose of misleading. CG 26 820116 Insurance Services Office Inc. 2015 Insured Copy Page 1 of 1 | 2 |
ENDORSEMENT Scottsdale Indemnity Company No. Attached to and forming a part of Endorsement Effective Date 12 31 16 Policy No. WLI0000369 1201 A.M. Standard Time Named Insured CITY OF GARDNER GARDNER ENERGY AgentNo. 24712 mpany e THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED OPERATIONS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM HOSPITAL PROFESSIONAL LIABILITY COVERAGE FORM ERRORS AND OMISSIONS COVERAGE PART PROFESSIONAL LIABILITY INSURANCE BEAUTY PARLOR BARBER SHOP PROFESSIONAL LIABILITY INSURANCE SCHEDULE Description of excluded operations ALL OPERATIONS OF THE CITY OF GARDNER EXCEPT FOR GARDNER ENERGY PREMISES This insurance does not apply to any medical incident damages bodily injury property damage or personal and advertising injury arising out of the operations shown in the schedule above. NERGY PREMISES AUTHORIZED REPRESENTATIVE DATE GLI103s 902 Insured Copy | 2 |
ENDORSEMENT Scottsdale Indemnity Company No. Attached to and forming a part of Endorsement Effective Date 12 31 16 Policy No. WLI0000369 1201 A.M. Standard Time Named Insured CITY OF GARDNER GARDNER ENERGY AgentNo. 24712 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KNOWN INJURY OR DAMAGE EXCLUSION PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following exclusion is added to Paragraph 2. Exclu occurred by any insured listed under Para sions of SECTION COVERAGES COVERAGE B PER graph 1. of SECTION Il WHO IS AN IN SONAL AND ADVERTISING INJURY LIABILITY SURED or an employee authorized by you to give or receive notice of an offense or Known Injury Or Damage claim includes any continuation change or This insurance does not apply to personal and resumption of that personal and advertising advertising injury arising from an offense injury after the end of the policy period. a. That occurs during the policy period and A personal and advertising injury arising from an of prior to the policy period an insured listed fense will be deemed to have been known to have oc under Paragraph 1. of SECTION Il WHO IS curred at the earliest time when any insured listed AN INSURED or an employee authorized by under Paragraph 1. of SECTION Il WHO IS AN IN you to give or receive notice of an offense or SURED or an employee authorized by you to give or claim knew that the personal and advertising receive notice of an offense or claim injury had occurred prior to the policy period 1 Reports all or any part of the personal in whole or in part. If such a listed insured or P TN y p P 5 and advertising injury to us or any other authorized employee knew prior to the pol insurer icy period that the personal and advertising injury occurred then any continuation 2 Receives a written or verbal demand or change or resumption of such offense during claim for damages because of the per or after the policy period will be deemed to sonal and advertising injury or have been known prior to the policy period orv wn pri policy period 3 Becomes aware by any other means that personal and advertising injury has oc b. That occurs during the policy period and was curred or has begun to occur. prior to the policy period known to have mpany e AUTHORIZED REPRESENTATIVE Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2006 Page 1 of 1 Insured Copy DATE GLI289s 1107 | 2 |
Attached to and forming a part of Policy No. WLI0000369 ENDORSEMENT Scottsdale Indemnity Company NO. Endorsement Effective Date 12 31 16 1201 A.M. Standard Time Named Insured CITY OF GARDNER GARDNER ENERGY AgentNo. 24712 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HYDRAULIC FRACTURING EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ERRORS AND OMISSIONS COVERAGE PART A. The following is added to Paragraph 2. Exclusions of Section Coverage A. Bodily Injury And Property Damage Liability of the Commercial General Liability Coverage Part and Paragraph 2. Exclusions of SEC TION I COVERAGE of the Errors And Omissions Coverage Part This insurance does not apply to Hydraulic Fracturing 1. Bodily injury property damage or error or omission a. Arising in whole or in part out of any opera tion involving substances under pressure be ing pumped underground with the objective of creating fractures in geologic formations to facilitate the release and extraction of hydro carbons including but not limited to oil or natural gas. Such operations include but are not limited to hydraulic fracturing gas fracking andor the actual alleged threat ened or suspected contact with exposure to existence of or presence of any flowback or the handling transporting storage release or disposal of any flowback by any insured or by any other person or entity or b. Caused directly or indirectly or in whole or in part by the movement in any direction of earth or land arising in whole or in part out of any operation involving substances under pressure being pumped underground with the objective of creating fractures in underground geologic formations to facilitate the release and extraction of hydrocarbons including but not limited to oil or natural gas. Such op erations include but are not limited to hy draulic fracturing or gas fracking. 2. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating reme diating or disposing of or in any way responding to or assessing the effects of hydraulic fractur ing gas fracking or flowback by any insured or by any other person or entity. We will have no duty to settle any claim or defend any suit against the insured arising out of or in any way related to items 1. or 2. above. The following is added to Paragraph 2. Exclusions of Section Coverage B. Personal And Advertising In jury Liability of the Commercial General Liability Cov erage Part This insurance does not apply to Hydraulic Fracturing 1. Personal and advertising injury a. Arising in whole or in part out of any opera tion involving substances under pressure be ing pumped underground with the objective of creating fractures in underground geologic formations to facilitate the release and extrac tion of hydrocarbons including but not limited to oil or natural gas. Such operations indude mpany e GLI341s 812 Page 1 of 2 Insured Copy | 2 |
but are not limited to hydraulic fracturing gas fracking andor the actual alleged threatened or suspected contact with expo sure to existence of or presence of any flowback or the handling transporting stor age release or disposal of any flowback by any insured or by any other person or entity or b. Caused directly or indirectly or in whole or in part by the movement in any direction of For purposes of this endorsement the following defini tions apply 1. Hydraulic fracturing or hydrofracking means the process by which water proppants chemicals andor other fluid additives are injected at high pressure into underground geologic formations to create fractures to facilitate the extraction of any hydrocarbons including but not limited to natural gas and or oil... 2. Flowback means any substance containing re earth or land arising in whole or in part out. s L N turned hydraulic fracturing fluid including but of any operation involving substances under.. not limited to water proppants hydraulic frac pressure being pumped underground with the e. y. turing fluid additives and any hydrocarbon com objective of creating fractures in underground N... L pounds salts conventional pollutants organics geologic formations to facilitate the release. metals and naturally occurring radioactive mate and extraction of hydrocarbons including rial brought to the surface with the water. but not limited to oil or natural gas. Such op erations include but are not limited to hy 3. Gas fracking or liquefied propane butane gas draulic fracturing or gas fracking. fracturing means the waterless process by which Any loss cost or expense arising in whole or in propane gel and proppants are nJeced l high. pressure into underground geologic formations to part out of the abating testing for monitoring i.. L create fractures to facilitate the release and ex cleaning up removing containing treating reme... traction of natural gas. diating or disposing of or in any way responding to or assessing the effects of hydraulic fractur 4. Proppant means particles that are used to ing gas fracking or flowback by any insured or by any other person or entity. keep fractures open after a hydraulic fracturing treatment. We will have no duty to settle any claim or defend any suit against the insured arising out of or in any way related to items 1. or 2. above. AUTHORIZED REPRESENTATIVE DATE GLI341s 812 Page 2 of 2 Insured Copy | 2 |
ENDORSEMENT Scottsdale Indemnity Company No. Attached to and forming a part of Endorsement Effective Date 12 31 16 Policy No. WLI0000369 1201 A.M. Standard Time Named Insured CITY OF GARDNER GARDNER ENERGY AgentNo. 24712 mpany e THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This policy does notapply to 1 Damages inany way or to any extent arising out of or involving asbestos asbestos fibers or any product containing asbestos or asbestos fibers. 2 Any economic loss diminution of property value abatement costs or any other loss cost or expense including equitable relief in any way or to any extent arising out of or involving asbestos asbestos fibers or any product containingasbestos or asbestos fibers. Any fees fines costs or expenses of any nature whatsoever in the investigation or defense of any claim or suit arising out of or involving asbestos asbestos fibers orany product containing asbestos or asbestos fibers. AUTHORIZED REPRESENTATIVE DATE UTI266 g 5 98 Insured Copy | 2 |
ENDORSEMENT Scottsdale Indemnity Company No. Attached to and forming a part of Endorsement Effective Date 12 31 16 Policy No. WLI0000369 1201 A.M. Standard Time Named Insured CITY OF GARDNER GARDNER ENERGY AgentNo. 24712 mpany e THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD COMTAMINATION EXCLUSION This policy does not apply to 1. Any damages arising out of the ingestion inhalation or absorption of lead in any form. 2. Any loss cost or expense arising out of any a Request demand or order than any insured or others test for monitor clean up remove con tain treat dedtoxify or neutralize or in any way respond to or assess the effects of lead or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of lead. AUTHORIZED REPRESENTATIVE DATE UTI267 g 5 98 Insured Copy | 2 |
Policy Number 263 83 70 Date 12292015 BECKY YU 0001 0001 646 857 1658 NURHIDAYU KAMIS Underwriter Name Underwriter Region Underwriter Branch Underwriter Telephone Operator Name Operator Telephone Issuing Division Policy Effective Date Transaction Type Set Copy Name 0044 01012016 REN ELECTRONIC COPY EPS TRACKING1D UUF98756500312292015 POLICY NUMBER 002638370 TABLE EFFECTIVE DATE 12222015 TABLE WRITTEN DATE 12222015 DocuCorp International eUPS | 2 |
BECKY YU NEW YORK FINANCIAL SQUARE 32 OLD SLIP NEW YORK NEW YORK 10005 Re LUC URETHANES INC PRODUCER IS 0036877 LOCKTON COMPANIES LLC b4k W. 47TH STREET SUITE 900 KANSAS CITY MO 64112 263 83 70 PRODUCER COV LTR | 2 |
AIG Insurance 877 To Serve 867 3783 Email toserveAIG.com 12292015 BECKY WEST LOCKTON COMPANIES LLC 444 W. 47TH STREET SUITE 900 KANSAS CITY MO 64112 Re INSURED NAME LUC URETHANES INC Policy No. GL 263 83 70 Effective Date 01012016 Dear BECKY WEST Enclosed please find the following document New Policy Thank you for your binder. Enclosed please find the original and broker copies of the policy issued to the above named insured. Renewal Thank you for your renewal binder. Enclosed please find the original and broker copies of the policy issued to the above named insured. Endorsements No. and Type of Change Enclosed please find the original and one copy of the change endorsements as requested. The enclosed documents provide a complete and accurate representation of the coverages agreed to under the terms and conditions set out in the binder or change request document. Upon your review please contact your underwriter promptly with any questions or concerns. We appreciate your business and strive to makeyour satisfaction our 1 priority. | 2 |
POLICYHOLDER NOTICE Thank you for purchasing insurance from a member company of American International Group Inc. AIG. The AIG member companies generally pay compensation to brokers and independent agents and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aig.comproducercompensation or by calling 1 800 706 3102. 91222 413 | 2 |
R of No. 712 Peney o Ml 183 83.70 cZ2952.33.7o CG D Coverage is provided by ILLINOIS NATIONAL INSURANCE CO a capital stock company 175 Water Street New York NY 10038 212 458 5000 COMMERCIAL GENERAL LIABILITY DECLARATIONS CG DS 011001 NAMED INSURED MAILING ADDRESS LUC URETHANES INC 3411 POLLOKDRIVE CONROE TX 77303 PRODUCER S NAME MAILING ADDRESS LOCKTON COMPANIES LLC 4hk W. 47TH STREET SUITE 900 KANSAS CITY MO 64112 POLICY PERIOD From 01012016 to 01012017 at 1201 A.M. Standard Time at your mailing address shown above. FORM OF BUSINESS X CORPORATION PARTNERSHIP O LIMITED LIABILITY COMPANY INDIVIDUAL O OTHER BUSINESS DESCRIPTION PLASTIC MFG. LOCATION OF ALL PREMISES YOU OWN RENT OR OCCUPY SEE SCHEDULE 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. POLICY PREMIUM 3605 PREMIUM SHOWN IS PAYABLE 3605 at inception. This policy is subject to annual audit Premium for Certified Acts of Terrorism Coverage Under Terrorism Risk Insurance Act 2002 as amended by the Terrorism Risk Insurance Program Reauthorization Act 2007 105 Included In Policy Premium SCHEDULE OF STATE TAXES FEES AND SURCHARGES IF APPLICABLE State Taxes Fees and Surcharges shown are in addition to the above referenced Policy Premium. ENDORSEMENTS ATTACHED TO THIS POLICY SEE ATTACHED FORMS SCHEDULE THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS IF APPLICABLE TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY. Date Issued 12292015 93837 1206 CGDS011001 Includes copyrighted material of Insurance Services Office Inc. with its permission ISO Properties Inc. 2000 Page1 of 2 | 2 |
LIMITS OF INSURANCE EACH OCCURRENCE LIMIT DAMAGE TO PREMISES RENTED TO YOU LIMIT MEDICAL EXPENSE LIMIT PERSONAL ADVERTISING INJURY LIMIT GENERAL AGGREGATE LIMIT PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 1000000 100000 10000 1000000 2000000 2000000 Any one premise Any one person Any one person or organization RETROACTIVE DATE CG 00 02 ONLY THIS INSURANCE DOES NOT APPLY TO BODILY INJURY PROPERTY DAMAGE OR PERSONAL AND ADVER TISING INJURY WHICH OCCURS BEFORE THE RETROACTIVE DATE IF ANY SHOWN BELOW. RETROACTIVE DATE NONE ENTER DATE OR NONE IF NO RETROACTIVE DATE APPLIES. CLASSIFICATION AND PREMIUM RATE ADVANCE PREMIUM CODE PREMIUM prem Prod comp Prem Prod comp CLASSIFICATION NO. BASE Ops Ops Ops Ops LOC0001 ADDRESS SLOC001 3411 POLLOK DRIVE TERR 004 CONROE TX 77303 PLASTIC OR RUBBER GOODS MFG OTHER THAN 58058 FLAT 471 HOUSEHOLD NOC PLASTIC OR RUBBER GOODS MFG OTHER THAN 58058 FLAT 1205.00 HOUSEHOLD NOC EMPLOYEE BENEFITS 73444 FLAT 1824 TERRORISM RISK INSURANCE ACT TRIA 7711 FLAT 52 PREM OPS PRODS COMPL OPS PRODS ONLY TERRORISM RISK INSURANCE ACT TRIA 7711 FLAT 53.00 PREM OPS PRODS COMPL OPS PRODS ONLY A AREA Total 3605 TOTAL COST DMISSIONS AYROLL ROSS SALES THER UNITS EACH C M P S T OTAL OPERATING EXPENSES OuU LIMIT.OK DRIVE X 77303 DODS MFG OTHER THAN DODS MFG OTHER THAN RANCE ACT TRIA VIPL OPS PRODS ONLY RANCE ACT TRIA MPL OPS PRODS ONLY 5805 5805 7344 7711 7711 AT FL AT AT FL 471 53. 93837 1206 CGDS011001 Includes copyrighted material of Insurance Services Office Inc. with its permission ISO Properties Inc. 2000 Page2 of 2 | 2 |
IN WITNESS WHEREOF the Insurer has caused this Policy to be signed by its President Secretary and Authorized Representative. ol s President ILLINOIS NATIONAL INSURANCE CO DR Secretary ILLINOIS NATIONAL INSURANCE CO This Policy shall not be valid unless signed below at the time of issuance by an authorized representative of the insurer. Hacun Sy Autfforized Representative SIGNUJ | 2 |
FORMS SCHEDULE EFFECTIVE DATE 01012016 NAMED INSURED LUC URETHANES INC POLICY NO GL 263 83 70 CGO0O1 0413 G0103 0606 CGO300 0196 CG0435 1207 CG2015 0413 CG2116 0413 CG2141 1185 CG2152 0413 CG2404 0509 CG2639 1207 IL0017 1198 1L0021 0908 1L0168 0908 1L0275 1113 53365 0796 58332 0793 59025 0395 62132 0395 61707 1294 61712 1206 61944 0914 62251 0901 62898 0712 64004 0712 64007 0405 65322 0901 78689 0703 78880 1101 82540 0712 86281 0704 89644 0613 94396 0515 115924 1013 COMM GENERAL LIAB COV FORM TEXAS CHANGES DEDUCTIBLE LIABILITY INSURANCE EMPLOYEE BENEFITS LIAB COVG ADDITIONAL INSURED VENDORS EXCL DESIGNATED PROFESSIONAL SVS INTERCOMPANY PRODUCTS SUITS EXCLUSION FINANCIAL SERVICES WAIVER OF TRANS RIGHTS OF RECOV EMPL RELATED PRACTICES EXCL COMMON POLICY CONDITIONS NUCLEAR ENERGY LIAB EXCL BROAD FORM TEXAS CHANGES DUTIES TEXAS CHANGES CANC NONRENEWAL NOTICE TO POLICYHOLDER LOSS CTRL TOTAL LEAD EXCLUSION TX AMEND CANC NONRENEW UNINTENTIONAL ERRORS AND OMISSIONS AMENDT OF DUTIES OCC OFFNSE CL SUIT ADDL INSRD WHERE REQD UNDER CONTRACT BROAD FORM NAMED INSURED AIRCRAFT PRODUCTS EXCL GROUNDING RADIOACTIVE MATTER EXCLUSION ERISA EXCLUSION FELLOW EMPLOYEE EXCLUSION DELETED SECURITIES FINANCIAL INTEREST EXCL FUNGUS EXCLUSION TX BLENDED POLLUTION EXCLUSION ASBESTOS AND SILICA EXCL ENDT WELDING EXCLUSION ECONOMICS SANCTIONS ENDORSEMENT TEXAS NOTICE INDIANA AMENDATORYDEFIN OF POLLU CE Svs ES cov | 2 |
COMMERCIAL GENERAL LIABILITY CG P 01504 13 POLICY NUMBER GL 263 83 70 2012 GENERAL LIABILITY MULTISTATE FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS This is a summary of the major changes in your policy. No coverage is provided by this summary nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. The major areas within the policy that broaden or reduce coverage and other changes are highlighted below. This notice does not reference every editorial change made in your policy. We have followed the policy sequence of provisions in setting out this material. COMMERCIAL GENERAL LIABILITY COVERAGE FORMS CG 000104 13 AND CG 00 02 04 13 I. EXCLUSIONS A.BROADENING OF COVERAGE 1. Coverage A Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to allowing a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Coverage A Exclusion 2.p. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. B. OTHER CHANGES 1. Coverage A Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. 2. Coverage A Exclusion 2.g. Aircraft Auto Or Watercraft is revised to delete reference to in the state. 3. Coverage A Exclusion 2.q. and Coverage B Exclusion 2.p. Recording And Distribution Of Material Or Information In Violation Of Law were previously added to your policy via mandatory endorsement. The endorsement contained an exclusion addressing injury or damage arising out of any action or omission that violates or is alleged to violate certain statutes ordinances and regulations. This exclusion has been incorporated directly into your policy. 4. Coverage B Exclusions 2.b. and 2.c. Material Published With Knowledge Of Falsity and Material Published Prior To Policy Period are revised to reference in any manner with respect to oral or written publication for consistency with the definition of personal and advertising injury. 1. CONDITIONS OTHER CHANGES Condition 4. Other Insurance is generally revised so that the insurance provided is excess over any for which the named insured has been added as an additional insured whether by endorsement or any other means. Insurance Services Office Inc. 2012 CG P 01504 13 Page 10f 7 O | 2 |
1ll. DEFINITIONS OTHER CHANGES 1. Definition 2. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 2. Definition 12. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR CG 000904 13 I. EXCLUSIONS BROADENING OF COVERAGE Exclusion 2.1. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. Il. DEFINITIONS OTHER CHANGES 1. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 2. Definition 10. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. LIQUOR LIABILITY COVERAGE FORMS CG 00 3304 13 AND CG 00 3304 13 WHO IS AN INSURED BROADENING OF COVERAGE We have included trusts as Named Insureds. In addition trustees have been included as insureds but only with respect to their duties as trustees. CG 00 35 04 13 RAILROAD PROTECTIVE LIABILITY COVERAGE FORM EXCLUSIONS BROADENING OF COVERAGE Exclusion 2.f.3a Pollution is amended to expand the exception to the exclusion with respect to bodily injury or property damage arising out of fuel or lubricants for equipment used at the job location not just when they escape from such equipment. Insurance Services Office Inc. 2012 Page 2 of 7 CGP 01504 13 o | 2 |
PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM CG 00 37 04 13 AND CG 00 38 04 13 I. EXCLUSIONS BROADENING OF COVERAGE 1. Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to allowing a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Exclusion 2.I. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. Il. DEFINITIONS OTHER CHANGES 1. Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. 2. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 3. Definition 10. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. CG 00 39 04 13 POLLUTION LIABILITY COVERAGE FORM DESIGNATED SITES CG 00 40 04 13 POLLUTION LIABILITY LIMITED COVERAGE FORM DESIGNATED SITES I. EXCLUSIONS A.BROADENING OF COVERAGE Exclusion 2.p. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. B. OTHER CHANGES Exclusion Aircraft Auto Rolling Stock Or Watercraft is generally revised to reinforce that the 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. The exclusion is also revised to express that a land motor vehicle subject to compulsory or financial responsibility laws or other motor vehicle insurance laws will not be covered with respect to its over the road exposures. Il. DEFINITIONS OTHER CHANGES 1. Exclusion 2.j. Aircraft Auto Rolling Stock Or Watercraft is revised to delete reference to in the state. CG 00 40 only 2. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 3. Definition Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. Insurance Services Office Inc. 2012 CG P 01504 13 Page 3 of 7 a | 2 |
CG 00 42 04 13 UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS EXCLUSIONS BROADENING OF COVERAGE Exclusion 2.i. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. CG 00 65 04 13 ELECTRONIC DATA LIABILITY COVERAGE FORM EXCLUSIONS OTHER CHANGES Exclusion 2.g. Infringement Of Intellectual Property Rights is revised to delete the exception pertaining to the use of another s advertising idea. MULTISTATE ENDORSEMENTS A. BROADENING OF COVERAGE 1. Electronic Data Liability Endorsement CG 04 37 is revised to introduce an exception to the electronic data exclusion in order to provide that the exclusion does not apply to liability for damages because of bodily injury. Additional Insured Owners Lessees Or Contractors Automatic Status For Other Parties When Required In Written Construction Agreement Endorsement CG 20 38 is introduced to provide additional insured status to those parties whom the named insured is obligated in writing in a contract or agreement to name as an additional insured. Druggists Endorsement CG 22 69 is revised to introduce an exception for the administering of vaccinations. Liquor Liability Bring Your Own Alcohol Establishments Endorsement CG 24 06 is introduced to provide coverage to insureds who permit any person to bring any alcoholic beverage on an insured s premises for consumption on the insured s premises. B. REDUCTIONS OF COVERAGE 1. 2. Additional Insured Users Of Golfmobiles Endorsement CG 20 08 is revised to include a definition of the term golfmobile. Liquor Liability Exclusion Endorsements The following endorsements are revised to indicate that the liquor liability exclusion will apply if a named insured permits any person to bring any alcoholic beverages on the named insured s premises for consumption on the named insured s premises e CG 21 50 Amendment Of Liquor Liability Exclusion for use with Commercial General Liability Coverage Part e CG 21 51 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Commercial General Liability Coverage Part e CG 29 52 Amendment Of Liquor Liability Exclusion for use with Products Completed Operations Liability Coverage Part e CG 29 53 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Products Completed Operations Liability Coverage Part Page 4 of 7 Insurance Services Office Inc. 2012 CGP 01504 13 o | 2 |
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