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3. Total Pollution Exclusion For Designated Products Or Work Endorsement CG 21 99 is introduced to exclude coverage with respect to bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants which arises out of the product or work scheduled in the endorsement. 4. Amendment Of Personal And Advertising Injury Definition Endorsement CG 24 13 is introduced to remove from the definition of personal and advertising injury the offense of oral and written publication in any manner of material that violates a person s right of privacy. C. OTHER CHANGES 1. Limited Product Withdrawal Expense Endorsement CG 04 36 is revised in part to reinforce that the Participation Percentage is indicated in the Schedule and to reflect that the cost of the insured s participation in each product withdrawal will be borne by the named insured when due. 2. Primary And Noncontributory Other Insurance Condition Endorsement CG 20 01 is introduced to revise the Other Insurance Condition to indicated that coverage is provided to an additional insured on a primary and noncontributory basis provided that certain requirements are met. 3. Additional Insured Endorsements The following additional insured endorsements are revised to indicate that when these endorsements are attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less e CG 20 03 Additional Insured Concessionaires Trading Under Your Name e CG 20 05 Additional Insured Controlling Interest e CG 20 07 Additional Insured Engineers Architects Or Surveyors o CG 20 10 Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization e CG 20 11 Additional Insured Managers Or Lessors Of Premises e CG 20 12 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations e CG 20 13 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations Relating To Premises e CG 20 15 Additional Insured Vendors e CG 20 18 Additional Insured Mortgagee Assignee Or Receiver e CG 20 23 Additional Insured Executors Administrators Trustees Or Beneficiaries e CG 20 24 Additional Insured Owners Or Other Interest From Whom Land Has Been Leased e CG 20 26 Additional Insured Designated Person Or Organization e CG 20 27 Additional Insured Co owner Of Insured Premises e CG 20 28 Additional Insured Lessor Of Leased Equipment e CG 20 29 Additional Insured Grantor Of Franchise e CG 20 30 Oil Or Gas Operations Nonoperating Working Interests e CG 20 31 Additional Insured Engineers Architects Or Surveyors CGP01504 13 Insurance Services Office Inc. 2012 Page 5 of Page 5 of 7 m | 2 |
Page 6 of 7 e CG 20 32 Additional Insured Engineers Architects Or Surveyors Not Engaged By The Named Insured e CG 20 33 Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You e CG 20 34 Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You e CG 20 35 Additional Insured Grantor Of Licenses Automatic Status When Required By Licensor e CG 20 36 Additional Insured Grantor Of Licenses e CG 20 37 Additional Insured Owners Lessees Or Contractors Completed Operations e CG 29 35 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations Professional Services Endorsements The following endorsements are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured e CG 21 16 Exclusion Designated Professional Services e CG 21 52 Exclusion Financial Services e CG 21 56 Exclusion Funeral Services e CG 21 57 Exclusion Counseling Services e CG 21 58 Exclusion Professional Veterinarian Services e CG 21 59 Exclusion Diagnostic Testing Laboratories e CG 22 24 Exclusion Inspection Appraisal And Survey Companies e CG 22 32 Exclusion Professional Services Blood Banks e CG 22 33 Exclusion Testing Or Consulting Errors And Omissions e CG 22 34 Exclusion Construction Management Errors And Omissions e CG 22 36 Exclusion Products And Professional Services Druggists e CG 22 37 Exclusion Products And Professional Services Optical And Hearing Aid Establishments e CG 22 39 Exclusion Camps Or Campgrounds e CG 22 43 Exclusion Engineers Architects Or Surveyors Professional Liability e CG 22 44 Exclusion Services Furnished By Health Care Providers e CG 22 45 Exclusion Specified Therapeutic Or Cosmetic Services e CG 22 48 Exclusion Insurance And Related Operations o CG 22 69 Druggists e CG 22 71 Colleges Or Schools Limited Form e CG 22 72 Colleges Or Schools e CG 22 75 Professional Liability Exclusion Computer Software e CG 22 76 Professional Liability Exclusion Health Or Exercise Clubs Or Commercially Operated Health Or Exercise Facilities e CG 22 77 Professional Liability Exclusion Computer Data Processing e CG 22 79 Exclusion Contractors Professional Liability e CG 22 80 Limited Exclusion Contractors Professional Liability e CG 22 87 Exclusion Adult Day Care Centers e CG 22 88 Professional Liability Exclusion Electronic Data Processing Services And Computer Consulting Or Programming Services e G 2290 Professional Liability Exclusion Spas or Personal Enhancement Facilities Insurance Services Office Inc. 2012 CG P 01504 13 | 2 |
e CG 22 91 Exclusion Telecommunication Equipment Or Service Providers Errors And Omissions e CG 22 96 Limited Exclusion Personal And Advertising Injury Lawyers e CG 22 98 Exclusion Internet Service Providers And Internet Access Providers Errors And Omissions e CG 22 99 Professional Liability Exclusion Web Site Designers e CG 23 01 Exclusion Real Estate Agents Or Brokers Errors Or Omissions e CG 31 15 Construction Project Management Protective Liability Coverage 5. Exclusion Volunteer Workers Endorsement CG 21 66 is revised to delete reference to in the state from Exclusion 2.g. Aircraft Auto Or Watercraft. 6. Exclusion Failure To Supply Endorsement CG 22 50 is revised to expressly state that the exclusion also applies to the failure of any insured to adequately supply biofuel. 7. Pesticide Or Herbicide Applicator Coverage Endorsements CG 22 64 and CG 28 12 and Lawn Care Services Coverage Endorsement CG 22 93 are revised to reflect a change in titles to Herbicide Applicator Limited Pollution Coverage endorsements and Lawn Care Services Limited Pollution Coverage. 8. Real Estate Property Managed Endorsement CG 22 70 is revised to reinforce that the insurance provided is excess over any other insurance available whether such insurance is primary or excess. 9. Colleges Or Schools Endorsements CG 22 71 and CG 22 72 are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured. 10. Waiver Of Governmental Immunity Endorsement CG 24 14 is revised to reference that the endorsement also applies to the Owners And Contractors Protective Liability Coverage Part and the Railroad Protective Liability Coverage Part. 11. Amendment Of Insured Contract Definition Endorsement CG 24 26 and Limited Contractual Liability Railroads Endorsement CG 24 27 are revised to reflect that the defined term insured contract addresses certain liability assumed by the named insured with respect to the tort liability of another party to the extent the assumption of the tort liability is permitted by law. 12. Designated Locationss Aggregate Limit Endorsement CG 25 14 is introduced to make a separate Designated Location Aggregate Limit available for each location of the insured listed in the Schedule of the endorsement. 13. Supplemental Extended Reporting Period Endorsement CG 27 10 and Supplemental Extended Reporting Period Endorsement For Specific Accidents Products Work Or Locations Endorsement CG 27 11 are revised to amend Condition 4. Other Insurance so that the insurance provided is excess over any for which the named insured has been added as an additional insured whether by endorsement or any other means. 14. Principals Protective Liability Coverage Endorsement CG 28 07 is revised to delete reference to in the state from Exclusion2.c.1ei. 15. Liquor Liability Exclusion Endorsements The following endorsements are revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol 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 CGP01504 13 Insurance Services Office Inc. 2012 Page 7 of 7 | 2 |
POLICY NUMBER GL 263 83 70 POLICY NUMBER GL 263 83 70 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 Decla rations and any other person or organization quali fying 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 organi zation qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section 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 lll 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 explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes c. place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or pro perty damage occurred then any conti nuation 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.. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur.. Damages because of bodily injury include damages claimed by any person Insurance Services Office Inc. 2012 Page 1 of 16 m CG 00010413 | 0 |
or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage ex pected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay dama ges 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 ab sence 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 b 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. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide trans portation with respect to any person that may be under the influence of al cohol 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 distri buting selling serving or furnishing al coholic beverages. For the purposes of this exclusion permitting a person to bring al coholic 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 con duct of the insured s business or 2 The spouse child parent brother or sister of that employee as a con sequence 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. Insurance Services Office Inc. 2012 CG00010413 O Page 2 of 16 | 1 |
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 connec tion with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily of fuels lubricants or other opera ting 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 a rises out of the intentional dis charge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor 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 subcont ractor or iiiBodily 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 de toxify or neutralize or in any way res pond to or assess the effects of pollutants. 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 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 addi tional 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 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 c 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 respon sible or d At or from any premises site or location on which any insured or any Insurance Services Office Inc. 2012 Page 3 of 16 m CG 00010413 | 1 |
Page 4 of 16 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 de toxify or neutralize or in any way res pond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or asses sing the effects of pollutants. However this paragraph does not apply to liability for damages because of pro perty damage that the insured would have in the absence of such request de mand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion 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 main tenance 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 pro vided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury sing out of a The opera equipment t of a land under the d ment if it v pulsory or 1 or other mc where it is raged or b The operatic or equipmer or f.3 of equipment. h. Mobile Equipment Bodily injury or out of 1 The transportat by an auto rented or loane 2 The use of I while in practic pared for any demolition or s i. War Bodily injury or ever caused aris out of 1 War including 2 Warlike action cluding action against an actt any governmer thority using n agents or 3 Insurrection re ped power or mental authorit against any of j. Damage To Proper Property damage 1 Property you including any c by you or any or entity for hancement res such property prevention of mage to anothe 2 Premises you s if the propert any part of tho 3 Property loanec Insurance Services Office Inc. 2012 5 Bodily injury or property damage ari sing 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 equip ment if it were not subject to a com pulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally ga raged 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 2The use of mobile equipment in or while in practice for or while being pre pared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage how ever caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force in cluding action in hindering or defending against an actual or expected attack by any government sovereign or other au thority using military personnel or other agents or 3 Insurrection rebellion revolution usur ped power or action taken by govern mental authority in hindering or defending against any of these. j. 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 en hancement restoration or maintenance of such property for any reason including prevention of injury to a person or da mage 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 CG00010413 O | 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 subcont ractors 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 Sectionlll 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 da maged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically in jured arising out of 1 A defect deficiency inadequacy or dan gerous condition in your product or your work or 2A delay or failure by you or anyone acting on your behalf to perform a cont ract 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 with drawn 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 in jury. 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 sys tems 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.. Recording And Di ution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to vio late 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law Insurance Services Office Inc. 2012 Page 5 of 16 m CG 00010413 | 1 |
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 collec ting 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 lll 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 explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to. 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. Contractual Lial Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. y Personal and advertising injury for which the insured has assumed liability in a cont ract or agreement. This exclusion does not apply to liability for damages that the in sured 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. Infringement Of Copyright Patent Trade mark 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. Insurance Services Office Inc. 2012 CG00010413 O Page 6 of 16 | 1 |
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 publishing or telecasting 2 Designing or determining content of web sites for others or 3An 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 dis charge dispersal seepage migration re lease or escape of pollutants at any time.. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up re move contain treat detoxify or neutra lize or in any way respond to or assess the effects of pollutants or 2Claim or suit by or on behalf of a governmental authority for damages be. Recording And Di cause of testing for monitoring cleaning up removing containing treating de toxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 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 in cluding action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usur ped power or action taken by govern mental authority in hindering or defending against any of these. ution 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 vio late 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 3The 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 collec ting recording sending transmitting communicating or distribution of material or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an acci dent 1 On premises you own or rent Insurance Services Office Inc. 2012 Page 7 of 16 m CG 00010413 | 1 |
2On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the cove rage territory and during the policy period b The expenses are incurred and re ported to us within one year of the date of the accident and c The injured person submits to exa mination at our expense by physi cians 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 de vices and 3 Necessary ambulance hospital profes sional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on be half of any insured or a tenant of any in sured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activiti To a person injured while practicing ins tructing or participating in any physical exercises or games sports or athletic con tests. es f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys ex penses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. 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 in demnitee if all of the following conditions are met Insurance Services Office Inc. 2012 CG00010413 O Page 8 of 16 | 1 |
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. An individual you and your spouse are in sureds 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 stock holders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured a. Your volunteer workers only while per forming 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 in sureds for 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 occur rence 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 f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investi gation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the in demnitee and d Cooperate with us with respect to coordinating other applicable insu rance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by wus 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 Insurance Services Office Inc. 2012 Page 9 of 16 m CG 00010413 | 1 |
1 Bodily injury or personal and adver tising 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 busi ness b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay some one else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any pur pose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. 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. How ever a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability com pany that is not shown as a Named Insured in the Declarations. SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Decla rations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages wunder Coverage A except damages because of bodily injury or pro perty damage included in the pro ducts completed operations hazard and c. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the pro ducts 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 ad vertising injury sustained by any one person or organization. o iding or health tody or physical ny pur s m T T Insurance Services Office Inc. 2012 CG00010413 O Page 10 of 16 | 1 |
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 occu pied 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 claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense a gainst the suit and 4 Assist us upon our request in the en forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an in sured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative.. Other Insurance If other valid and collectible insurance is avai lable 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 Para graph b. below applies. If this insurance is ses of determining the Limits of OMMERCIAL GENERAL LIABILITY r insolvency of the insured or of estate will not relieve us of our der this Coverage Part. e Event Of Occurrence Offense see to it that we are notified as acticable of an occurrence or an hich may result in a claim. To the sible notice should include vhen and where the occurrence 1se took place mes and addresses of any injured s and witheccaa and o o e Insurance Services Office Inc. 2012 Page 110f 16 O CG 00010413 | 1 |
primary our obligations are not affected un less 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 ii That is Fire insurance for premises rented to you or temporarily occu pied by you with permission of the owner i That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or tempo rarily occupied by you with per mission of the owner or ivIf the loss arises out of the main tenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or opera tions 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 entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of 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 pro vision 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 contri bution 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 contri bute 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 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 b. The statements in the Declarations are accu rate and complete Those statements are based presentations you made to us and upon re. 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 Insurance Services Office Inc. 2012 CG00010413 O Page 12 of 16 | 1 |
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 In sured 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 suffi cient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broad cast or published to the general public or speci fic market segments about your goods pro ducts 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 elec tronic 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 custo mers or supporters is considered an adver tisement. 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. However auto does not include mobile equipment. 3. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communi cation provided the insured s responsibility to pay damages is determined in a suit on the me rits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Hostile fire means one which becomes un controllable or breaks out from where it was in tended to be.. Impaired property means tangible property that other than your product or your worl can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defec tive deficient inadequate or dangerous or b. You have failed to fulfill the terms of a cont ract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement.. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or sured were the only sured against whom is brought. covery Against Others o recover all or part of e made under this hts are transferred to nothing after loss to uest the insured will hose rights to us and w this Coverage Part o the first Named In arations written notice s than 30 days before f mailing will be suffi notice that is broad eneral public or speci Insurance Services Office Inc. 2012 Page 130f 16 O CG 00010413 | 1 |
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. A sidetrack agreement Any easement or license agreement except in connection with construction or demo lition operations on or within 50 feet of a railroad. An obligation as required by ordinance to indemnify a municipality except in connec tion with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connec tion 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 ab sence 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 under pass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3Under 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 ins pection architectural or engineering acti vities. 10. Leased worker means a person leased to you 1 by a labor leasing firm under an agreement between you and the labor leasing firm to per form duties related to the conduct of your business. Leased worker does not include a temporary worker.. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or 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 mecha nical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent 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 2Road construction or resurfacing equip ment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for pur poses other than the transportation of persons or cargo. Insurance Services Office Inc. 2012 CG00010413 O Page 14 of 16 | 1 |
to be recycled reconditioned or reclaimed. 16. Products completed operations hazard b. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your pro duct or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or sub contractor working on the same pro ject. Work that may need service main tenance correction repair or replace ment but which is otherwise complete will be treated as completed. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equip ment 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 pro ducts completed operations are subject to the General Aggregate Limit. 17. Property damage means 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. 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. 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 construc tion or resurfacing or c Street cleaning 2Cherry 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 responsi bility law or other motor vehicle insurance law are considered autos. 13. Occurrence means an accident including continuous or repeated exposure to substan tially the same general harmful conditions. 14. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 15. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials Insurance Services Office Inc. 2012 Page 150f 16 O CG 00010413 | 1 |
property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose busi ness or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 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 in sured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 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 Insurance Services Office Inc. 2012 CG00010413 O Page 16 of 16 | 1 |
POLICY NUMBER GL 263 83 70 COMMERCIAL GENERAL LIABILITY CG 01 03 06 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. With regard to liability for Bodily Injury Prop or any insured to give notice of occurrence erty Damage and Personal And Advertising In claim or suit or forward demands notices jury unless we are prejudiced by the insured s summonses or legal papers in connection with a or your failure to comply with the requirement claim or suit will bar coverage under this Cov no provision of this Coverage Part requiring you erage Part. POLICY NUMBER GL 263 83 70 CG 01 03 06 06 IS0 Properties Inc. 2005 Page 1of1 O | 2 |
Y NUMBER GL 263 83 70 COMMERCIAL GENERAL LIABILITY CG 03 00 0196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER GL 263 83 70 DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Chvarama Amaiint and Racic LAEVULE Coverage Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE Bodily Injury Liability OR Property Damage Liability OR Bodily Injury Liability andor Property Damage Liability Combined 5000 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 endorse ment. If no limitation is entered the deductibles apply to damages for all bodily injury and property damage however caused Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE 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 deductlble amount on either a per claim or a per occurrence basis. Your selected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Schedule above. The deductible amount stated in the Schedule above applies as follows 1.PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to all damages sustained by any one person because of bodily injury b. Under Property Damage Liability Cov erage to all damages sustained by any one person because of property damage or c. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages sustained by any one person because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property dam age combined as the result of any one occurrence. If damages are claimed for care loss of services or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to property damage per son includes an organization. CG 03 00 0196 Copyright Insurance Services Office Inc. 1994 Page 1of 2 | 2 |
2. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a per occurrence basis that deductible amount applies as follows a. Under Bodily Injury Liability Coverage to all damages because of bodily in jury b. Under Property Damage Liability Cov erage to all damages because of property damage or c. Under Bodily Injury Liability andor Property Damage Liabilitz Coverage Combined to all damages because of 1 Bodily injury 2 Property damageor 3 Bodlly injury and property dam age combined as the result of any one occurrence regardless of the number of persons or organizations who sustain damages be cause of that occurrence. C. The terms of this insurance including those with respect to 1. Our right and duty to defend the insured against any suits seeking those damages and 2. Your duties in the event of an occur apply irrespective of the application of the deductible amount. D. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us. Page 2 of 2 Copyright Insurance Services Office Inc. 1994 CG 03 00 0196 | 2 |
POLICY NUMBER GL 263 83 70 POLICY NUMBER GL 263 83 70 COMMERCIAL GENERAL LIABILITY CG 04 35 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Coverage Limit Of Insurance Each Employee Premium Deductible Employee Benefits 1000000 each employee 5000 INCLUDED Programs 1000000 aggregate Retroactive Date 03162015 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as dam ages because of any act error or omis sion of the insured or of any other per son for whose acts the insured is legally liable to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. We may at our discretion investigate any report of an act error or omission and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Paragraph D. Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is cov ered unless explicitly provided for under Supplementary Payments. b. This insurance applies to damages only if 1 The act error or omission is negli gently committed in the administra tion of your employee benefit pro gram 2 The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and 3 A claim for damages because of an act error or omission is first made against any insured in accord ance with Paragraph c. below during the policy period or an Extended Re porting Period we provide under Para graph F. of this endorsement. c. A claim seeking damages will be deemed to have been made at the earlier of the following times 1 When notice of such claim is re ceived and recorded by any insured or by us whichever comes first or 2 When we make settlement in ac cordance with Paragraph a. above. IS0 Properties Inc. 2006 Page 1 of 6 m CG 04 35 1207 | 2 |
A claim received and recorded by the insured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is a vailable to cover the claim.. All claims for damages made by an employee because of any act error or omission or a series of related acts errors or omissions including damages claimed by such employee s depen dents and beneficiaries will be deemed to have been made at the time the first of those claims is made against any in sured. 2. Exclusions This insurance does not apply to b. d. f. Dishonest Fraudulent Criminal Or Malici ous Act Damages arising out of any intentional dishonest fraudulent criminal or malici ous act error or omission committed by any insured including the willful or reckless violation of any statute. Bodily Injury Property Damage Or Per sonal And Advertising Injury Bodily injury property damage or personal and advertising injury. Failure To Perform A Contract Damages arising out of failure of per formance of contract by any insurer. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee ben efit program.. Inadequacy Of Performance Of Invest ment Advice Given With Respect To Par ticipation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with re spect to that person s decision to participate or not to participate in any plan included in the employee bene fit program. Workers Compensation Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemploy ment compensation insurance social security or disability benefits law or any And Similar similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Se curity Act of 1974 as now or hereafter a mended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds ac crued or other collectible insurance. i. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. j. Employment Related Practices Damages arising out of wrongful termina tion of employment discrimination or other employment related practices. B. For the purposes of the coverage provided by this endorsement 1. 2. All references to Supplementary Payments Coverages A and B are replaced by Sup plementary Payments Coverages A B and Employee Benefits Liability. Paragraphs 1.b. and 2. of the Supplemen tary Payments provision do not apply. C. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of Sec tion Il Who Is An Insured are replaced by the following 2. 3. Each of the following is also an insured a. Each of your employees who is or was authorized to administer your employee benefit program. b. Any persons organizations or employ ees having proper temporary authoriza tion to administer your employee benefit program if you die but only until your legal representative is appointed. c. 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 Endorsement. 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 no other similar insurance applies to that organi zation. However a. Coverage under this provision is afforded only until the 90th day after you acquire IS0 Properties Inc. 2006 CG04351207 O Page 2 of 6 | 2 |
or form the organization or the end of the policy period whichever is earlier.. Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement Section lll Limits Of Insur ance is replaced by the following 1. Limits Of Insurance The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the num ber of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits 4 Acts errors or omissions or 5 Benefits included in your employee benefit program. The Aggregate Limit is the most we will pay for all damages because of acts errors or omissions negligently committed in the administration of your employee benefit program.. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries as a result of 1 An act error or omission or 2 A series of related acts errors or o missions negligently committed in the administra tion of your employee benefit pro However the amount paid under this endorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. The Limits of Insurance of this endorse ment apply separately to each consecu tive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the addi tional period will be deemed part of the last preceding period for purposes of de termining the Limits Of Insurance. 2. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Schedule as ap plicable to Each Employee. The limits of insurance shall not be reduced by the amount of this deductible. b. The deductible amount stated in the Schedule applies to all damages sus tained by any one employee including such employee s dependents and bene ficiaries because of all acts errors or o missions to which this insurance applies. c. The terms of this insurance including those with respect to 1 Our right and duty to defend any suits seeking those damages and 2 Your duties and the duties of any other involved insured in the event of an act error or omission or claim apply irrespective of the application of the deductible amount. d. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon noti fication of the action taken you shall promptly reimburse us for such part of the deductible amount as we have paid. E. For the purposes of the coverage provided by this endorsement Conditions 2. and 4. of Sec tion IV Commercial General Liability Conditions are replaced by the following 2. Duties In The Event Of An Act Error Or Omission Or Claim Or Sui a. You must see to it that we are notified as soon as practicable of an act error or omission which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and 2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date re ceived 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. IS0 Properties Inc. 2006 Page 3 of 6 m CG 04 35 1207 | 2 |
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 Authorize us to obtain records and other information 3 Cooperate with us in the investiga tion or settlement of the claim or de fense 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 an act error or omission to which this insur ance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any ex pense without our consent. 2. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this endorsement our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insur ance is primary our obligations are not affected unless any of the other insur ance is also primary. Then we will share with all that other insurance by the meth od described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Schedule of this insurance and that applies to an act error or omis sion on other than a claims made basis if a No Retroactive Date is shown in the Schedule of this insurance or b The other insurance has a policy period which continues after the Retroactive Date shown in the Schedule of this insurance. 2 When this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured a gainst that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. c. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insur ance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Schedule of this endorsement. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this ap proach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss re mains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this meth od each insurer s share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. 4 F. For the purposes of the coverage provided by this endorsement the following Extended Re porting Period provisions are added or if this endorsement is attached to a claims made Cov erage Part replaces any similar Section in that Coverage Part EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Ex tended Reporting Period as described be low if b. This endorsement is canceled or not re newed or We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this endorsement or 2 Does not apply to an act error or omission on a claims made basis. 2. The Extended Reporting Period does not ex tend the policy period or change the scope of coverage provided. It applies only to IS0 Properties Inc. 2006 Page 4 of 6 m CG 04 35 1207 | 2 |
claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect the Extended Reporting Period may not be canceled. 3. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In do ing so we may take into account the follow ing a. The employee benefit programs in sured b. Previous types and amounts of insur ance c. Limits of insurance available under this endorsement for future payment of dam ages and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this en dorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section applicable to the Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available un der policies in force after the Extended Re porting Period starts. 4. If the Extended Reporting Period is in effect we will provide an extended reporting period aggregate limit of insurance described be low but only for claims first received and re corded during the Extended Reporting Per iod. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this en dorsement under Limits of Insurance. Paragraph D.1.b. of this endorsement will be amended accordingly. The Each Employee Li mit shown in the Schedule will then contin ue to apply as set forth in ParagraphD.1.c. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the Definitions Section 1. Administration means a. Providing information to employees including their dependents and benefi ciaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit pro gram. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or sui made by an employee or an employee s de pendents and beneficiaries for damages as the result of an act error or omission. 4. Employee benefit program means a pro gram providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility require ments b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such bene fits and such benefits are made generally available to all employees who are eli gible under the plan for such benefits c. Unemployment insurance social securi ty benefits workers compensation and disability benefits d. Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans trans portation and health club subsidies and e. Any other similar benefits designated in the Schedule or added there to by en dorsement. H. For the purposes of the coverage provided by this endorsement Definitions 5. and 18. in the Definitions Section are replaced by the follow ing IS0 Properties Inc. 2006 CG04351207 O Page 5 of 6 | 2 |
5. 18. Employee means a person actively em ployed formerly employed on leave of ab sence or disabled or retired. Employee in cludes a leased worker. Employee does not include a temporary worker. Suit means a civil proceeding in which damages because of an act error or omis sion 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. IS0 Properties Inc. 2006 Page 6 of 6 m CG 04 35 1207 | 2 |
POLICY NUMBER GL 263 83 70 POLICY NUMBER GL 263 83 70 COMMERCIAL GENERAL LIABILITY CG 20150413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED VENDORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Vendor Your Products ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. PER THE CONTRACT OR AGREEMENT Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations referred to throughout this endorsement as vendor shown in the Schedule but only with respect to bodily injury or property damage arising out of your products shown in the Schedule which are distributed or sold in the regular course of the vendor s business. However 1. The insurance afforded to such vendor only applies to the extent permitted by law and 2. If coverage provided to the vendor is required by a contract or agreement the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. B. With respect to the insurance afforded to these vendors the following additional exclusions apply 1. The insurance afforded the vendor does not apply to CG 20 1504 13 Insurance Services Office Inc. 2012 Bodily injury or property damage for which the vendor 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 that the vendor would have in the absence of the contract or agreement. Any express warranty unauthorized by you. Any physical or chemical change in the product made intentionally by the vendor. Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container. Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products Page 1 of 2 CG 20 1504 13 | 2 |
f. Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product g. Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or h. Bodily injury or property damage ng out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to 1 The exceptions contained in Sub paragraphs d. or f. or 2 Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accom panying or containing such products. C. With respect to the insurance afforded to these vendors the following is added to Section Il Limits Of Insurance If coverage provided to the vendor is required by a contract or agreement the most we will pay on behalf of the vendor is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Insurance Services Office Inc. 2012 CG 20 15 04 13 m | 2 |
POLICY NUMBER GL 263 83 70 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. Information required to complete this Schedule if not shown above will be shown in the Declarations. With respect to any professional services shown in the Schedule the following exclusion is added to Paragraph 2. Exclusions of Section I 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. 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 Page 1 of 1 m | 2 |
POLICY NUMBER GL 263 83 70 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INTERCOMPANY PRODUCTS SUITS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This insurance does not apply to any claim for damages by any Named Insured against another Named Insured because of bodily injury or property damage arising out of your products and included within the products completed operations hazard. Page 1 of 1 CG 21 41 11 85 Copyright Insurance Services Office Inc. 1984 | 2 |
POLICY NUMBER GL 263 83 70 COMMERCIAL GENERAL LIABILITY CG 21520413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION FINANCIAL SERVICES 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 This insurance does not apply to bodily injury property damage or personal and advertising injury resulting from the rendering of or the failure to render financial services by any insured to others. For the purpose of this exclusion financial services include but are not limited to 1. Planning administering or advising on a. Any 1 Investment 2 Pension 3 Annuity 4 Savings 5 Checking or 6 Individual retirement plan fund or account b. The issuance or withdrawal of any bond debenture stock or other securities c. The trading of securities commodities or currencies or d. Any acquisitions or mergers 2. Acting as a dividend disbursing agent ex change agent redemption or subscription agent warrant or scrip agent fiscal or paying agent tax withholding agent escrow agent clearing agent or electronic funds transfer agent 3. Lending or arranging for the lending of money including credit card debit card leasing or mortgage operations or activities or interbank transfers 4. Repossessing of real or personal property from a borrower or acting as an assignee for the benefit of creditors 5. Checking or reporting of credit Maintaining of financial accounts or records 7. Tax planning tax advising or the preparation of tax returns or 8. Selling or issuing traveler s checks letters of credit certified checks bank checks or money orders. 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 the failure to render financial services by any insured to others. POLICY NUMBER GL 263 83 70 ring or advising on or etirement ccount or withdrawal of any bond ck or other securities comiritioe rammaditiee Ar CG 21520413 Insurance Services Office Inc. 2012 Page 1of1 O | 2 |
POLICY NUMBER GL 263 83 70 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sec tion IV Conditions We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing opera tions or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. POLICY NUMBER GL 263 83 70 URSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 1of1 O | 2 |
POLICY NUMBER GL 263 83 70 POLICY NUMBER GL 263 83 70 COMMERCIAL GENERAL LIABILITY CG 26 39 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES 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 employ ment or c Employment related practices policies acts or omissions such as coercion de motion evaluation reassignment disci pline defamation harassment humilia tion discrimination or malicious prosecu tion directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices 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 be fore employment during employment or af ter employment 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 to repay someone else who must pay dam ages because of the injury.. 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 employ ment or c Employment related practices policies acts or omissions such as coercion de motion evaluation reassignment disci pline defamation harassment humilia tion discrimination or malicious prosecu tion directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of per sonal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. 1SO Properties Inc. 2006 CG 26 39 12 07 Page 1of1 O | 2 |
POLICY NUMBER GL 263 83 70 IL00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation D. 1. 6. The first Named Insured shownin the Decla rations may cancel this policy by mailing or delivering to us advance written notice of cancellation. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10days beforetheeffective date of can cellation if we cancel for nonpaymentof premium or b. 30days before the effectivedate of can cellation if we cancel for any other reason. We willmail or deliver our notice to the first Named Insured s lastmailing 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 willsend 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 cancellationwill be effective even if we have not made or offered a refund. If notice is mailed proof of mailing will be sufficient 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 rec ords as theyrelate to this policy at any time dur ing the policy period and up to three years afterward. 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 inspec tions surveys reports or recommenda tions and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply withlaws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating ad visory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this conditiondoes not apply to any inspections surveys reports or re commendations we may make relative tocer tification under state or municipal statutes ordinances or regulations of boilers pres sure vessels or elevators. Premiums The first Named Insured shown in the Decla rations 1. Is responsible for the payment of all pre miums and 2. Will be the payee forany 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 Insured. 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 representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL00 17 11 98 IL00 17 11 98 Copyright Insurance Services Office Inc. 1998 Page 1of 1 O | 2 |
POLICY NUMBER GL 263 83 70 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 in jury or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Underwriters Nuclear Insurance Associa tion of Canada or any of their succes sors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous proper ties of nuclear material and with re spect to which a any person or organi zation is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be en titled 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 there of with any person or organization. 2 B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous proper ties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily in jury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nu clear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an in sured of services materials parts or equipment in connection with the plan ning construction maintenance opera tion or use of any nuclear facility but if such facility is located within the United States of America its territories or pos sessions or Canada this exclusion 3 ap plies only to property damage to such nuclear facility and any property there at. 3. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product mate rial. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reac tor. S0 Properties Inc. 2007 Page 1 of 2 m IL 00 21 09 08 | 2 |
Waste means any waste material a contain ing by product material other than the tailings or wastes produced by the extraction or con centration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear fa cility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or c used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is lo cated consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation prem ises or place prepared or used for the storage or disposal of waste and includes the site on which any of the fore going is located all operations conducted on such site and all premises used for such opera tions. Nuclear reactor means any apparatus de signed 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 radio active contamination of property. S0 Properties Inc. 2007 ILO0 210908 O Page 2 of 2 | 2 |
POLICY NUMBER GL 263 83 70 POLICY NUMBER GL 263 83 70 IL 01 68 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES DUTIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES 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 The following is added to the Duties Condition. 2. Any settlement of a claim made or suit We will notify the first Named Insured in writing brought against the insured under this cover of age. The notice will be given not later than.. the 30th day after the date of the settle 1. An initial offer to compromise or settle a ment. claim made or suit brought against any in sured under this coverage. The notice will be given not later than the 10th day after the date on which the offer is made. IL 01 68 09 08 IS0 Properties Inc. 2007 Page 1of1 O | 2 |
POLICY NUMBER GL 263 83 70 IL02751113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES CANCELLATION AND NONRENEWAL PROVISIONS FOR CASUALTY LINES AND COMMERCIAL PACKAGE POLICIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY FARM COVERAGE PART FARM LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This endorsement also modifies insurance provided under the following when written as part of a Commer cial Package Policy CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common whom we Policy Condition is replaced by the following randum 2. We may cancel this policy delivering address k a. By mailing or delivering to the first Named Insured written notice of can b. For the f cellation stating the reason for can does not cellation at least 10 days before the mental ur effective date of cancellation. ADMlN d However if this policy covers a con one.an dominium association and the con 11f this pe dominium property contains at least one days or residence or the condominium dec reason ex larations conform with the Texas Uniform of the T Condominium Act then the notice of not cance cancellation as described above will be policyholc provided to the first Named Insured 30 2 If this pol days before the effective date of can than 60 d cellation. We will also provide 30 days tinuation written notice to each unit owner to IL0275 1113 Insurance Services Office Inc. 2013 whom we issued a certificate or memo randum of insurance by mailing or delivering the notice to each last mailing address known to us. b. For the following reasons if this policy does not provide coverage to a govern mental unit as defined under 28 TEX. ADMIN. CODE Section 5.7001 or on one and two family dwellings 1If this policy has been in effect for 60 days or less we may cancel for any reason except that under the provisions of the Texas Insurance Code we may not cancel this policy solely because the policyholder is an elected official. 2 If this policy has been in effect for more than 60 days or if it is a renewal or con tinuation of a policy issued by us we Page10f2 O | 2 |
may cancel only for one or more of the following reasons a Fraud in obtaining coverage b Failure to pay premiums when due c An increase in hazard within the con trol of the insured which would produce an increase in rate d Loss of our reinsurance covering all or part of the risk covered by the policy or e If we have been placed in supervision conservatorship or receivership and the cancellation is approved or direc ted by the supervisor conservator or receiver. c. For the following reasons if this policy provides coverage to a governmental unit as defined under 28 TEX. ADMIN. CODE Section 5.7001 or on one and two family dwellings N If this policy has been in effect for less than 90 days we may cancel coverage for any reason. 2 If this policy has been in effect for 90 days or more or if it is a renewal or continuation of a policy issued by us we may cancel coverage only for the following reasons a If the first Named Insured does not pay the premium or any portion of the premium when due b If the Texas Department of Insu rance determines that continuation of this policy would result in vio lation of the Texas Insurance Code or any other law governing the business of insurance in Texas c If the Named Insured submits a fraudulent claim or d If there is an increase in the hazard within the control of the Named Insured which would produce an increase in rate. B. The following condition is added and super sedes any provision to the contrary Nonrenewal 1. We may elect not to renew this policy except that under the provisions of the Texas Insurance Code we may not refuse to renew this policy solely because the policy holder is an elected official. 2. This paragraph 2. applies unless the policy qualifies under Paragraph 3. below. If we elect not to renew this policy we may do so by mailing or delivering to the first Named Insured at the last mailing address known to us written notice of nonrenewal stating the reason for nonrenewal at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date this policy will remain in effect until the 61st day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year s premium. 3. If this policy covers a condominium association and the condominium property contains at least one residence or the con dominium declarations conform with the Texas Uniform Condominium Act then we will mail or deliver written notice of non renewal at least 30 days before the ex piration or anniversary date of the policy to a. The first Named Insured and b. Each unit owner to whom we issued a certificate or memorandum of insurance. We will mail or deliver such notice to each last mailing address known to us. 4. If notice is mailed proof of mailing will be sufficient proof of notice. 5. The transfer of a policyholder between admitted companies within the same insu rance group is not considered a refusal to renew. Insurance Services Office Inc. 2013 Page 2 of 2 IL02751113 O | 2 |
NOTICE TO POLICYHOLDER OF LOSS CONTROL PROGRAMS This notice is to inform you of our loss control programs available in the State of Texas. We have Field Safety Representatives with the experience and expertise to provide accident loss prevention services reasonably commensurate with the hazard loss experience size and nature of your business operation. Our services may include loss prevention surveys risk exposure analysis staff training counseling accident and loss analysis worker health and safety evaluations risk improvement recommendations educational material and literature related to your specific profession or industry. In the event you decide not to utilize our loss control services and opt to use your own safety department or hire an outside contractor the service must be provided by qualified loss prevention representatives who are recognized by the State of Texas. If you elect not to utilize our loss control services we require you to provide us with the following information on your company letterhead stationary signed by an officer of your firm. Acknowledgement of our offer of loss control services and your written rejection.. Your reasons for selection of an alternative.. Your alternative loss control program which must be reasonably commensurate with the risk.. Verification of the qualification of those who will be performing your loss control services.. Acknowledgement that quarterly summaries of activities outlined in your loss control program will be submitted to us for review. If you have any questions or wish to discuss this matter contact our Texas Loss Control Service Coordinating Unit Global Loss Prevention Inc. at 1 800 221 0651. 53365 0796 | 2 |
ENDORSEMENT This endorsement effective 1201 AM. 01012016 forms a part of policy No. GL 263 83 70 issued to LUC URETHANES INC by ILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ CAREFULLY TOTAL LEAD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY This insurance does not apply to any bodily injury property damage personal injury or advertising injury or any other loss cost or expense arising out of the presence ingestion inhalation or absorption of or exposure to lead in any form or products containing lead. 58332 793 | 2 |
ENDORSEMENT This endorsement effective 1201 AM. 01012016 forms a part of policy No. GL 263 83 70 issued to LUC URETHANES INC by ILLINOIS NATIONAL INSURANCE CO TEXAS LIABILITY INSURANCE AMENDATORY ENDORSEMENT CANCELLATION AND NONRENEWAL Wherever used in this endorsement 1 Insurer means the insurance company which issued this policy and 2 In sured means the Named Corporation Named Organization Named Sponsor or Named Insured stated in the decla rations page and 3 Liability insurance means the following types of insurance general liability professional liability other than medical professional liability commercial multi peril coverage and any other types of lines of liability insur ance designated by the State Board of Insurance. It is hereby agreed that the cancellation provision of this policy is deleted in its entirety and replaced by the following CANCELLATION AND NONRENEWAL A Cancellation 1. This policy may be canceled by the Insured by surrender thereof to the Insurer or any of its authorized agents or by mailing to the Insurer written notice stating when thereafter the cancellation shall be effec tive. Except as provided by subsection A.3. below the Insurer may not cancel this policy after the 60th day following the date on which the policy was issued or if it is a renewal or continuation of a policy issued by the Insurer. a a policy of liability insurance that is a renewal or continuation policy or b a policy of liability insurance that is in its initial policy period after the 60th day following the date on which the policy was issued. The Insurer may cancel this policy at any time during the term of the policy for the following reasons a fraud in obtaining coverage b failure to pay premiums when due c an increase in hazard within the control of the Insured or Other Insureds which would produce an increase in rate d loss of the Insurer s reinsurance covering all or part of the risk covered by the policy or e the Insurer being placed in supervision conservatorship or receivership if the cancellation or nonrenewal is approved or directed by the supervisor conservator or receiver. the Insurer shall deliver or mail to the Insured first named in the Declarations written notice of cancella tion at the address shown on the policy not less than the 10th day before the date on which the cancel lation takes effect. Such written notice shall state the reasons for cancellation. 59025 03 95 10f2 | 2 |
5. The Insurer may not cancel this policy based solely on the fact that the Insured is an elected official. B. NONRENEWAL 1. The Insurer may refuse to renew this policy by delivering or mailing to the Insured first named in the Declarations written notice of nonrenewal at the address shown on the policy. Such written notice shall state the reasons for nonrenewal. The notice must be delivered or mailed not later than the 60th day before the date on which the policy expires. If the notice is delivered or mailed later than the 60th day before the date on which the policy expires the coverage shall remain in effect until the 61 day after the date on which the notice is delivered or mailed. Earned premium for any period of coverage that extends beyond the expiration date of the policy shall be computed pro rata based on the previous year s rates. 2. The transfer of a policyholder between admitted companies within the same insurance group is not con sidered a refusal to renew. 3. The Insurer may not refuse to renew this policy based solely on the fact that the Insured is an elected official. All other terms and conditions remain unchanged. Countersigned by M 7 Autforized Representative 20of 2 59025 03 95 | 2 |
ENDORSEMENT This endorsement effective 1201 AM. 01012016 forms a part of policy No. GL 263 83 70 issued to LUC URETHANES INC by ILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNINTENTIONAL ERRORS AND OMISSIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section IV Commercial General Liability Conditions 6. Representations is amended by adding d. The unintentional failure by you or any Insured to provide accurate and complete representations as of the inception of the policy will not prejudice the coverages afforded by this policy. Fawurs AUTFIZED REPRESENTATIVE 62132 395 | 2 |
ENDORSEMENT This endorsement effective 1201 AM. 01012016 forms a part of Policy No. 6L 263 83 70 issued to LUC URETHANES INC by ILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF DUTIES IN THE EVENT OF OCCURRENCE OFFENSE CLAIM OR SUIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section IV Commercial General Liability Conditions 2. Duties in the Event of Occurrence Offense Claim or Suit a. is hereby deleted and replaced with the following a. You must see to it that we are notified as soon as practicable on any occurrence or an offense which may result in a claim. Knowledge of an occurrence or an offense by your agent your servant or your employee will not in itself constitute knowledge to you unless the Director of Risk Management or one with similar or equivalent title or his her designee at the address shown in the policy declarations will have receive such notice. 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. e AUTIZED REPRESENTATIVE 61707 1294 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 01012016 forms a part of policy No. GL 263 83 70 issued to LUC URETHANES INC by ILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION Il WHO IS AN INSURED is amended to include as an additional insured Any person or organization to whom you become obligated to include as an additional insured under this policy as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy but only with respect to liability arising out of your operations or premises owned by or rented to you. However the insurance provided will not exceed the lesser of The coverage andor limits of this policy or The coverage andor limits required by said contract or agreement. Authdfized Representative or Countersignature in States Where Applicable Page 1 of 1 61712 1206 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M.01012016 forms a part of policy No. 6L 263 83 70 issued toLUC URETHANES INC by ILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROAD FORM NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Policy Declarations Named Insured is revised to include Named Insured means the person or organization first named as the Named Insured on the Declarations Page of this policy the First Named Insured. Named Insured also includes 1 any other person or organization named as a Named Insured on the Declarations Page 2 any subsidiary associated affiliated allied or acquired company or corporation including subsidiaries thereof of which any insured named as the Named Insured on the Declarations Page has more than 50 ownership interest in or exercises management or financial control over at the inception date of this policy provided such subsidiary associated affiliated allied or acquired company or corporation and their operations have been declared to us prior to the inception date of this policy. All other terms and conditions remain unchanged. AUTIZED REPRESENTATIVE Page 1 of 1 Includes copyrighted information of Insurance Services Office Inc. with its permission. 61944 914 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 01012016 forms a part of policy No. GL 263 83 70 issued to LUC URETHANES INC by ILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AIRCRAFT PRODUCTS EXCLUSION AND GROUNDING ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section I. Coverages Coverage A. Bodily Injury and Property Damage Liability 2. Exclusions is amended to add Bodily injury or property damage arising out of aircraft products and completed operations or reliance upon any representations or warranties made with respect to aircraft products and completed operations nor to any bodily injury or property damage arising out of the grounding of any Section V. Definitions 16. Products completed operations hazard is amended to add the following paragraph Aircraft products completed operations hazard includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work including services and labor performed by you or on your behalf in connection with aircraft including missiles space craft as well as the ground support or control equipment used therewith and any goods or products manufactured sold handled or distributed by you or your predecessor companies as well as any services provided or recommended by you or your predecessor companies for use in the manufacture repair operation maintenance or use of any aircraft. Also included are any articles furnished by you and installed in aircraft or used in connection with aircraft or for spare parts for aircraft including ground handling tools and equipment as well as training aids instruction manuals blueprints engineering or other data engineering or other advice and labor relating to such aircraft or articles except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. Section V. Definitions is amended with the addition of the following definitions Grounding means the withdrawal of one or more aircraft from flight operations or the imposition of speed passenger or load restrictions on such aircraft by reason of the existence of or alleged or suspected existence of any defect fault or condition in such aircraft or any part thereof sold handled or distributed by you or manufactured assembled or processed by any other person or organization according to your specifications plans suggestions orders or drawings or with tools machinery or other equipment furnished to such persons or organizations by you whether such aircraft so withdrawn are owned or operated by the same or different persons organizations or corporations. A grounding will be deemed to commence on the date of an occurrence which discloses such condition or on the date an aircraft is first withdrawn from service on account of such condition whichever occurs first. 62251 901 | 2 |
Aircraft means a vehicle designed to be used primarily in the air and to be supported by the dynamic reaction of the air upon the vehicle s wings or rotorblades andor by the vehicle s buoyancy in the air. The term aircraft however excludes missiles spacecraft and the ground support or control equipment used therewith. Authdfized Representative or Countersignature in States Where Applicable 62251 901 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 01012016 forms a part of policy No. GL 263 83 70 issued to LUC URETHANES INC by ILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RADIOACTIVE MATTER EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section I. Coverages Coverage A. Bodily Injury and Property Damage Liability 2. Exclusions is amended to add Bodily injury or property damage arising out of the actual alleged or threatened exposure of persons or property to any radioactive matter or any form of radiation. Section I. Coverages Coverage B. Personal and Advertising Liability 2. Exclusions is amended to add Personal and advertising injury arising out of the actual alleged or threatened exposure of persons or property to any radioactive matter or any form of radiation. Authorized Representative 62898 0712 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 01012016 forms a part of policy No. GL 263 83 70 issued to LUC URETHANES INC by ILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ERISA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section I. Coverages Coverage A. Bodily Injury and Property Damage Liability 2. Exclusions is amended to add Bodily injury or property damage arising out of any obligation you incur under the Employee Retirement Income Security Act of 1974 Public Law 93 406 any law amendatory thereof or any regulation pertaining thereto. Section. Coverages Coverage B. Personal and Advertising Liability 2. Exclusions is amended to add Personal and advertising injury arising out of any obligation you incur under the Employee Retirement Income Security Act of 1974 Public Law 93 406 any law amendatory thereof or any regulation pertaining thereto. Authtrized Representative 64004 0712 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 01012016 forms a part of policy No. GL 263 83 70 issued to LUC URETHANES INC by ILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FELLOW EMPLOYEE EXCLUSION DELETED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Section Il Who is an Insured 2. a. 1 a is amended to read 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 or to your other volunteer workers while performing duties related to the conduct of your business. Authdfized Representative or Countersignature in States Where Applicable 64007 0405 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 01012016 forms a part of policy No. GL 263 83 70 issued to LUC URETHANES INC by ILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SECURITIES AND FINANCIAL INTEREST EXCLUSION This endorsement modifies insurance provided under the following Section I. Coverages Coverage A. Bodily Injury and Property Damage Liabil COMMERCIAL GENERAL LIABILITY COVERAGE FORM y 2. Exclusions is amended to add Bodily injury or property damage arising out of 1 The purchase or sale or offer of sale or solicitation of any security debt bank deposit or financial interest or instrument 2 Any representations made at any time in relation to the price or value of any security debt bank deposit or financial interest or instrument or 3 Any depreciation or decline in price or value of any security debt bank deposit or financial interest or instrument. Section I. Coverages Coverage B. Personal and Advertising Liability 2. Exclusions is amended to add Personal injury or advertising injury arising out of a b c The purchase or sale or offer of sale or solicitation or advertising of any security debt bank deposit or financial interest or instrument Any representations made at any time in relation to the price or value of any security debt bank deposit or financial interest or instrument or Any depreciation or decline in price or value of any security debt bank deposit or financial interest or instrument. Authdfized Representative or Countersignature in States Where Applicable 65322 901 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 01012016 forms a part of 263 83 70 policy No. GL issued to LUC URETHANES INC by ILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGUS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM This insurance does not apply to bodily injury property damage personal and advertising injury or any other loss cost or expense including but not limited to losses costs or expenses related to arising from or associated with clean up remediation containment removal or abatement caused directly or indirectly in whole or in part by a. Any fungusi molds mildew or yeast or b. Any spores or toxins created or produced by or emanating from such fungusi molds mildew or yeast or c. Any substance vapor gas or other emission or organic or inorganic body or substance produced by or arising out of any fungusi molds mildew or yeast or d. Any material product building component building or structure or any concentration of moisture water or other liquid within such material product building component building or structure that contains harbors nurtures or acts as a medium for any fungusi molds mildew yeast or spores or toxins emanating therefrom regardless of any other cause event material product andor building component that contributed concurrently or in any sequence to that bodily injury property damage personal and advertising injury loss cost or expense. For the purposes of this exclusion the following definitions are added to the Policy Fungusi includes but is not limited to any of the plants or organisms belonging to the major group fungi lacking chlorophyll and including molds rusts mildews smuts and mushrooms. Molds includes but is not limited to any superficial growth produced on damp or decaying organic matter or on living organisms and fungi that produce molds. Spores means any dormant or reproductive body produced by or arising or emanating out of any fungusi molds mildew plants organisms or microorganisms. It is understood that to the extent any coverage may otherwise be provided under this policy or any of its other endorsements the provisions of this exclusion will supercede. ALL OTHER TERMS AND CONDITIONS SHALL REMAIN UNCHANGED. AutzedRepresemanve or Countersignature in States Where Applicable Page 1 of 1 78689 703 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 01012016 forms a part of policy No. GL 263 83 70 issued to LUC URETHANES INC by ILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLENDED POLLUTION EXCLUSION TEXAS ONLY This endorsement modifies Insurance provided under the following Commercial General Liability Coverage Form Section 1 Coverages Coverage A. Bodily Injury and Property Damage Liability 2. Exclusions f. Pollution is deleted in its entirety and replaced by the following 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 ii iii iv v Bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equipment used to heat that building 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 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or Bodily injury or property damage arising out of the actual discharge dispersal seepage migration release or escape of pollutants caused by fire explosion lightening windstorm vandalism or malicious mischief collapse riot and civil commotion flood automatic sprinkler leakage earthquake or collision or upset of mobile equipment or Bodily injury or property damage arising out of the actual discharge dispersal seepage migration release or escape of pollutants caused by perils other than those listed in iv above provided that a. Such pollution commences during the term of this policy b. An insured discovers the commencement of such pollution no later than seven 7 calendar days after it commences and c. The insured reports the commencement of such pollution to us in writing no later than twenty one 21 days following its discovery by any insured. v 78880 1101 | 2 |
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 c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you may be legally responsible or 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 are brought on or to the premises site or location with the intent that they be discharged or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or iv The bodily injury or property damage arises out of the actual discharge dispersal seepage migration release or escape of pollutants caused by fire explosion lightening windstorm vandalism or malicious mischief collapse riot and civil commotion flood automatic sprinkler leakage earthquake or collision or upset of mobile equipment or The bodily injury or property damage arises out of the actual discharge dispersal seepage migration release or escape of pollutants caused by perils other than those listed above provided that v a. Such pollution commences during the term of this policy b. An insured discovers the commencement of such pollution no later than seven 7 calendar days after it commences and c. The insured reports the commencement of such pollution to us in writing no later than twenty one 21 days following its discovery by any insured. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any 78880 1101 | 2 |
a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. Autzed Representative or Countersignature in States Where Applicable 78880 1101 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 01012016 forms a part of policy No. GL 263 83 70 issued to LUC URETHANES INC by ILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS AND SILICA EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section I. COVERAGES COVERAGE A. BODILY INJURY and PROPERTY DAMAGE LIABILITY 2. Exclusions is amended to add the following exclusions Asbestos Bodily injury or property damage arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos products asbestos fibers or asbestos dust or to any obligation of the insured to indemnify any party because of bodily injury or property damage arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos products asbestos fibers or asbestos dust. Silica Bodily injury or property damage arising out of the presence ingestion inhalation or absorption of or exposure to silica products silica fibers silica dust or silica in any form or to any obligation of the insured to indemnify any party because of bodily injury or property damage arising out of the presence ingestion inhalation or absorption of or exposure to silica products silica fibers silica dust or silica in any form. Section I. COVERAGES COVERAGE B. PERSONAL and ADVERTISING INJURY LIABILITY 2. Exclusions is amended to add the following exclusions Asbestos Personal and advertising injury arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos products asbestos fibers or asbestos dust or to any obligation of the insured to indemnify any party because of personal and advertising injury arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos products asbestos fibers or asbestos dust. Silica Personal and advertising injury arising out of the presence ingestion inhalation or absorption of or exposure to silica products silica fibers silica dust or silica in any form or to any obligation of the insured to indemnify any party because of personal and advertising injury arising out of the presence ingestion inhalation or absorption of or exposure to silica products silica fibers silica dust or silica in any form. All other terms conditions and exclusions of the policy shall remain unchanged. Sy AuthoHzed Representative 82540 0712 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 01012016 forms a part of 263 83 70 policy No. GL issued to LUC URETHANES INC by ILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WELDING EXCLUSION This insurance does not apply to any loss costs injury damage claim dispute andor suit arising out of directly or indirectly in whole or in part by any actual or alleged minerals chemicals or any other substances in any form emitted by or produced through the use of 1. Welding equipment welding rods or cutting torches or 2. Any other substances used in conjunction with welding equipment welding rods or cutting torches. To the extent any coverage may otherwise be available under this Policy or any of its endorsements the provisions of this Exclusion shall supercede the same and exclude such coverage. All other terms and conditions of the policy are the same. d Representative or Authq Countersignature in States Where Applicable Page 1 of 1 86281 0704 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 01012016 forms a part of 263 83 70 policy No. GL issued to LUC URETHANES INC by ILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC SANCTIONS ENDORSEMENT This endorsement modifies insurance provided under the following The Insurer shall not be deemed to provide cover and the Insurer shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover payment of such claim or provision of such benefit would expose the Insurer its parent company or its ultimate controlling entity to any sanction prohibition or restriction under United Nations resolutions or the trade or economic sanctions laws or regulations of the European Union or the United States of oy AUTHORIZED REPRESENTATIVE 89644 613 | 2 |
TEXAS NOTICE int oll free make ent of panies AVISO IMPORTANTE Para obtener informacin o para presentar una queja Usted puede llamar al nimero de telfono gratuito de la compania para obtener informacin o para presentaruna queja al 1 877 541 9748 Usted puede comunicarse con el Departamento de Seguros de Texas para obtener informacin sobre companias coberturas derechos o quejas al IMPORTANT NOTICE To obtain information or make a complaint You may call the Company s toll free telephone number for information or to make a complaint at 1 877 541 9748 You may contact the Texas Department of Insurance to obtain information on companies coverages rights or complaints at 1 800 252 3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin TX 78714 9104 Fax 512 490 1007 Web httpwww.tdi.texas.gov E mail ConsumerProtectiontdi.texas.gov PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part of the attached document. 1 800 252 3439 Usted puede escribir al Departamento de Seguros de Texas a P.O. Box 149104 Austin TX 78714 9104 Fax 512 490 1007 Sitio web httpwww.tdi.texas.gov E mail ConsumerProtectiontdi.texas.gov DISPUTAS POR PRIMAS DE SEGUROS O RECLAMACIONES Si tiene una disputa relacionada con su prima de seguro o con una reclamacion usted debe comunicarse con el agente primero. Si la disputa no es resuelta puede comunicarse con el Departamento de Seguros de Texas. ADJUNTE ESTE AVISO A SU POLIZA Este aviso es solamente para propdsitos informativos y no se convierte en parte o en condicin del documento adjunto. 94396 515 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M.01012016 forms a part of 263 83 70 policy No. GL issued toLUC URETHANES INC by ILLINOIS NATIONAL INSURANCE CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDIANA AMENDATORY ENDORSEMENT Definition of Pollutants When a claim or Suit is brought against an Insured in the state of Indiana andor Indiana law applies this policy is amended as follows The definition of Pollutants in this policy or in any endorsement to this policy is deleted in its entirety and replaced with the following Pollutants means any solid liquid gaseous bacterial fungal electromagnetic thermal or other substance that can be toxic or hazardous cause irritation to animals or persons andor cause contamination to property and the environment including smoke vapor soot fumes acids alkalis chemicals and waste. Specific examples identified as pollutants include but are not limited to diesel kerosene and other fuel oils gasoline butane propane natural gas and other fuels brake fluid transmission fluid and other hydraulic fluids ethylene glycol methyltertbutylether MTBE methanol ethanol isopropyl alcohol and propylene glycol and other fuel and antifreeze additives grease tar petroleum distillates and other petroleum products and petroleum hydrocarbons carbon monoxide and other exhaust gases stoddard solvent mineral spirits and other solvents chromium compounds emulsions emulsifiers naphtha tetrachloroethylene PCE perchloroethylene PERC trichloroethylene TCE methylene chloroform and other dry cleaning chemicals methyl isobytyl ketone methyl ethal ketone n butyl acetate 2 butoxyethanol hexylene glycol peroxides freon polychlorinated biphenyl PCB CFC113 chlorofluorocarbons chlorinated hydrocarbons adhesives pesticides insecticides barium 12 Dichloroethylene ethylene dichloride dichloromethane methylene chloride ethylbenzene lead Mercury Selenium sulfate xylene silica sewage and industrial waste materials and all substances constituents derivatives or degradative byproducts or additives specifically listed identified or described by one or more of the following references i. Comprehensive Environmental Response Compensation and Liability Act CERCLA Priority List Hazardous Substances 1997 and all subsequent editions ii. Agency for Toxic Substances And Disease Registry ToxFAQEM iii. Clean Air Act s List of 188 Air Toxics And Diesel Particulate Matter iv. U.S. Environmental Protection Agency EMCI Chemical References Complete Index v. U.S. Environmental Protection Agency Persistent Bioaccumulative and Toxic Chemicals List vi. Indiana Department of Environmental Management Remediation Closure Guide March 22 2012 edition Table A6 Screening Level Summary Table 2012 and vii. Indiana Department of Environmental Management Risk Integrated System of Closure Technical Guide Default Closure Tables January 31 2006 Appendix 1 Revised May 1 2009 1156924 1013 Page 1 of 2 Page 1 of 2 | 2 |
Substances identified as examples above or by the referenced lists also include materials or substances to be discarded recycled reconditioned or reclaimed. This definition of Pollutants applies whether or not such solid liquid gaseous bacterial fungal electromagnetic or thermal irritant or contaminant or substance is your product or products used by you or for you andor is an integral part of or incidental to your business operations premises site or locations or has any function in your business operations premises site or locations. For the purpose of this endorsement Suit Insured and Pollutants shall have the applicable meaning in accordance with the terms of this policy whether or not such term is in quotation marks or bolded. All other terms definitions conditions and exclusions of this policy remain unchanged. Authcd Representative or Countersignature Where Applicable 1156924 1013 Page 2 of 2 | 2 |
Insured Name Upstream Rollco LLC 1200 CORPORATE DR STE 400 BIRMINGHAM AL 35242 5424 Policy Number HMA 6050273348 Policy Period 07012021 to 07012022 Issuance Thank you for choosing CNA Producer Information LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 Producer Processing Code 970 032954 CNA Branch KANSAS CITY 7400 College Blvd Suite 650 Overland Park KS 66210 With your Healthcare Facilities and Providers Plus policy you have insurance coverage tailored to meet the needs of your business. The international network of insurance professionals and the financial strength of CNA rated A by A.M. Best provide the resources to help you manage the daily risks of your organization so that you may focus on what s most important to you. Claim Services To file a claim contact us at Email HPReportsCNA.com Fax 800 446 8632 Mailing Address Allied Healthcare Facilities CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 Copyright CNA All Rights Reserved. | 2 |
cNA Healthcare Facilities and Providers Plus Policyholder Notice I POLICYHOLDER NOTICE COUNTRYWIDE IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE DISCLOSURE OF PREMIUM THIS NOTICE DOES NOT FORM A PART OF THE POLICY GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. As used herein 1 we means the insurer listed on the Declarations or the Certificate of Insurance as applicable and 2 you means the first person or entity named on the Declarations or the Certificate of Insurance as applicable. You are hereby notified that under the Terrorism Risk Insurance Act as extended and reauthorized Act you have a right to purchase insurance coverage of losses arising out of acts of terrorism as defined in Section 1021 of the Act subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury under which the federal government shares with the insurance industry the risk of loss from future terrorist attacks. This Notice is designed to alert you to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally the Act provided that to be certified an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However the 2007 re authorization of the Act removed the requirement that the act of terrorism must be committed by or on behalf of a foreign interest and now certified acts of terrorism may encompass for example a terrorist act committed against the United States government by a United States citizen when the act is determined by the federal government to be a certified act of terrorism. In accordance with the Act we are required to offer you the ability to purchase coverage for losses resulting from an act of terrorism that is certified under the federal program. The other provisions of this policy including nuclear war or military action exclusions will still apply to such an act. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The Department of the Treasury will pay a share of terrorism losses insured under the federal program. Beginning in 2020 the federal share equals 80 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. LIMITATION ON PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Further this coverage is subject to a limit on our liability pursuant to the federal law where if aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a calendar year January 1 through December 31 and we have met our insurer deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Form No CNA81758XX 01 2021 Policy No HMA 6050273348 Policyholder Notice Page 1 of 2 Policy Effective Date 07012021 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 2 of 78 Copyright CNA All Rights Reserved. ualty Company 151 N Franklin St Chicago IL 60606 | 2 |
CNA Healthcare Facilities and Providers Plus Policyholder Notice CONFIRMATION OF ACCEPTANCE OF COVERAGE In accordance with the Act we offered you coverage for losses resulting from an act of terrorism that is certified under the federal program. This notice confirms that you have chosen to accept our offer of coverage for certified acts of terrorism. The policy s other provisions including nuclear war or military action exclusions will still apply to such an act. The premium charge for terrorism coverage if any is shown separately on the Declarations or the Certificate of Insurance as applicable. Healthcare Facilities and Providers Plus Policyholder Notice Form No CNA81758XX 01 2021 Policyholder Notice Page 2 of 2 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 3 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Policyholder Notice I This Notice of Matter Form is to be submitted to us with respect to a any Claims Made and Reported Coverage Part in this policy if an insured elects to submit a written notice of any matter that an authorized insured reasonably believes may give rise to a claim the following information must be submitted to us in writing b any personal injury including death resulting from the performance of medical surgical dental or related services and any injury incident occurrences or offenses related to the named insured s operations or functions which the insured has reason to believe would give rise to any claim or potential claim suits or other proceedings under the Federal Tort Claims Act FTCA or c any matter as so directed by an endorsement. You may use either this form or a separate document which reflects the following information requested. I. NOTICE OF MATTER INFORMATION Date of Form If a supplemental form please indicate date initial form was submitted Name address contact information and position with named insured or insured entity of person submitting this form Please provide the following in as much detail as possible i Specific act error or omission or the specific injury incident occurrence or offense ii Dates location and persons and insureds involved iii Identity of anticipated or potential claimants iv Consequences which have resulted from the incident or occurrence Form No CNA98778XX 10 2020 Policy No HMA 6050273348 Policyholder Notice Page 1 of 2 Policy Effective Date 07012021 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 4 of 78 Copyright CNA All Rights Reserved. ualty Company 151 N Franklin St Chicago IL 60606 | 2 |
CNA v Nature of the relief sought Healthcare Facilities and Providers Plus Policyholder Notice Attach copies of any reports records correspondence or any other information or documents pertinent to the matter which provides information in connection with the incident. INSURED POLICY INFORMATION Named Insured Email Address Policy Number Policy Period The Notice of Matter Form must be submitted to us at the address set forth for Notices of Matter in Item 3 of the Policy Declarations. Form No CNA98778XX 10 2020 Policyholder Notice Page 2 of 2 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 5 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Policy Declarations I THE COVERAGE PARTS TO THIS POLICY MAY BE WRITTEN ON AN OCCURRENCE OR A CLAIMS MADE AND REPORTED BASIS. NOTICE WITH RESPECT TO ANY CLAIMS MADE AND REPORTED COVERAGE PART SUCH COVERAGE APPLIES ONLY TO CLAIMS FIRST MADE AGAINST THE INSUREDS AND REPORTED TO THE INSURER DURING THE POLICY PERIOD IN ACCORDANCE WITH PROVISIONS OF THIS POLICY FORM. PLEASE READ THIS POLICY CAREFULLY. NAMED INSURED AND MAILING ADDRESS PRODUCER Item 1. Upstream Rollco LLC LOCKTON COMPANIES LLC 1200 CORPORATE DR STE 400 444 W 47TH ST BIRMINGHAM AL 35242 5424 STE 900 KANSAS CITY MO 64112 NAMED INSURED AND MAILING ADDRESS Item 1. Upstream Rollco LLC 1200 CORPORATE DR STE 400 BIRMINGHAM AL 35242 5424 INSURER Columbia Casualty Company 151 N Franklin St Chicago IL 60606 PRODUCER LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 Producer code 970 032954 POLICY NUMBER HMA 6050273348 Item 2. Policy period 07012021 to 07012022 71201 a.m. local time per address Item 1. Item 3. NOTICES TO INSURER Claims or Notices of Matter Claims Reporting CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 HPReportsCNA.com 800 446 8632 Item 4. PROFESSIONAL LIABILITY PL A. Professional Liability Limit Occurrence X Claims Made and Reported 1000000 each claim Item 4. PROFESSIONAL LIABILITY PL X Claims Made and Reported Occurrence A. Professional Liability Limit 1000000 each claim 6000000 PL Aggregate Limit of Liability B. Retentionl or Deductible X 25000 each claim Aggregate Defenses costs or damages defense costs and damages within Retention Deductible X damages only within Retention Deductible C. Retroactive date 03012008 Form No CNA98659XX 10 2020 Policy No HMA 6050273348 Policy Declarations Page 1 of 3 Policy Effective Date 07012021 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 6 of 78 Copyright CNA All Rights Reserved. B. Retention or Deductible x Defenses costs or damages ualty Company 151 N Franklin St Chicago IL 60606 | 2 |
CNA Healthcare Facilities and Providers Plus Policy Declarations CNA Item 5. GENERAL LIABILITY GL Claims Made and Reported XJ0ccurrence A. Bodily Injury and Property Damage Liability 1000000 each occurrence Each Occurrence Limit Limit Personal and Advertising Injury Limit 1000000 each person or entity Medical Payments Limit 5000 per person not subject to any GL Deductible D. Bamage to Rented Property Each Premises 500000 not subject to any GL Deductible imit E. General Liability Aggregate Limit GL 5000000 Aggregate Limit F. Products Completed Operations Aggregate 5000000 Limit G. Retention or DeductibleX 25000 each claim Aggregate Defenses costs or damages defense costs and damages within Retention Deductible X damages only within Retention Deductible H. Retroactive date Item 6. EMPLOYEE BENEFITS LIABILITY EBL X Claims Made and Reported Occurrence A. Employee Benefits Liability Limit 1000000 each employee 3000000 EBL Aggregate Limit of Liability B. Retentionor Deductible X 1000 each employee Defenses costs or damages defense costs and damages within Retention Deductible X damages only within Retention Deductible C. Retroactive date 07012015 Item 7. COMBINED MAXIMUM AGGREGATE LIMIT OF LIABILITY FOR ALL COVERAGE PARTS Yes NoXMaximum Aggregate Limit of Liability Item 8. COMBINED AGGREGATE RETENTION OR DEDUCTIBLE FOR ALL COVERAGE PARTS Combined Aggregate Retention or Deductible Item 9. Surplus Lines Premium Surcharges Taxes and Fees if applicable Total Premium 1324000.00 0 1324000.00 Total Surcharges Taxes and Fees Total Premium Surcharges Taxes and Fees Defenses costs or damages H. Retroactive date Item 6. EMPLOYEE BENEFITS LIABILITY EBL A. Employee Benefits Liability Limit B. Retentionor Deductible X Defenses costs or damages 1324000.00 0 1324000.00 Form No CNA9BEEIXX 10 2020 Policy Declarations Page 2 of 3 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 7 of 78 | 2 |
CNA CNA Healthcare Facilities and Providers Plus Policy Declarations These Declarations along with the completed and signed application the policy and any written endorsements attached shall constitute the contract between the insureds and the Insurer. Authorized Representative Authorized Representative Date Form No CNA9BEEIXX 10 2020 Policy Declarations Page 3 of 3 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 8 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Policy Schedule I Endorsement Form Name Form Number Form Ed Number PEI 1 CONSENT TO SETTLE WITH ARBITRATION CLAUSE CNA98701XX 10 2020 ENDORSEMENT 2 HIPAA PROCEEDINGS COSTS SUPPLEMENTARY CNA98667XX 10 2020 BENEFITS ENDORSEMENT 3 MEDIA EXPENSES SUPPLEMENTARY BENEFITS CNA98665XX 10 2020 ENDORSEMENT 4 DISCIPLINARY PROCEEDINGS SUPPLEMENTARY CNA98664XX 10 2020 BENEFITS ENDORSEMENT 5 LOUISIANA PCF CLAIMS AND CONTINGENT COVERAGE CNA98707XX 10 2020 CLAIMS LIMITS OF LIABILITY ENDORSEMENT Claims Made and Reported Coverage Part 6 VIRGINIA CLAIMS LIMITS OF LIABILITY ENDORSEMENT CNA98709XX 10 2020 Subject To Combined Maximum Aggregate 7 ABUSE AND MOLESTATION CLAIM SUBLIMIT CNA98771XX 10 2020 ENDORSEMENT Defense Costs Only 8 PATIENT PERSONAL PROPERTY ENDORSEMENT CNA98671XX 10 2020 9 EMERGENCY EVACUATION EXPENSES ENDORSEMENT CNA98666XX 10 2020 10 SERVICE OF SUIT ENDORSEMENT CNA74300XX 06 2014 11 CAP ON LOSSES FROM CERTIFIED ACTS OF CNAB81753XX 03 2015 TERRORISM ENDORSEMENT 12 CANCELLATION NONRENEWAL ENDORSEMENT CNA98669XX 10 2020 13 ADDITION OF INSURED ENTITY ENDORSEMENT CNA98678XX 10 2020 14 ADDITIONAL INSURED ENDORSEMENT Scheduled CNA98679XX 10 2020 Additional Insured 15 AMEND EMPLOYEE DEFINITION ENDORSEMENT Add CNA98680XX 10 2020 Scheduled Independent Contractor 16 SUBSIDIARY ENDORSEMENT CNA98683XX 10 2020 17 WAIVER OF SUBROGATION ENDORSEMENT CNA98693XX 10 2020 18 SUBSIDIARY ENDORSEMENT WITH SEPARATE LIMITS CNA98724XX 10 2020 GENERAL TERMS AND CONDITIONS CNA98660XX 10 2020 POLICYHOLDER NOTICE COUNTRYWIDE CNA81758XX 01 2021 CNA98667XX CNA98665XX CNA98664XX 10 2020 10 2020 10 2020 10 2020 10 2020 10 2020 nan nan nan nan 15.0 nan nan nan 16.0 nan 17.0 nan 18.0 10 2020 10 2020 06 2014 03 2015 CNA98669XX CNA98678XX CNA98679XX 10 2020 10 2020 10 2020 10 2020 10 2020 10 2020 10 2020 10 2020 01 2021 e DORSEMENT Form No CNA62640XX 01 2016 Policy No HMA 6050273348 Policy Schedule Page 1 of 2 Policy Effective Date 07012021 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 9 of 78 Copyright CNA All Rights Reserved. ualty Company 151 N Franklin St Chicago IL 60606 | 2 |
cNA Healthcare Facilities and Providers Plus Policy Schedule I SCHEDULE OF FORMS AND ENDORSEMENTS Continued Endorsement Form Name Form Number Form Edition Number Date GENERAL LIABILITY COVERAGE PART OCCURRENCE CNA98662XX 10 2020 NOTICE OF MATTER FORM CNA98778XX 10 2020 POLICY DECLARATIONS CNA98659XX 10 2020 PROFESSIONAL LIABILITY COVERAGE PART CLAIMS CNA98661XX 10 2020 MADE AND REPORTED EMPLOYEE BENEFITS LIABILITY COVERAGE PART CNA98663XX 10 2020 CLAIMS MADE AND REPORTED Form No CNA62640XX 01 2016 Policy No HMA 6050273348 Policy Schedule Page 2 of 2 Policy Effective Date 07012021 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 10 of 78 Copyright CNA All Rights Reserved. ualty Company 151 N Franklin St Chicago IL 60606 | 2 |
cNA Healthcare Facilities and Providers Plus Policy Conditions I GENERAL TERMS AND CONDITIONS In consideration of the premium and in reliance upon the application we agree to provide you with the following coverage subject to the terms and conditions of this policy I. PREFACE A Coverage Part is included within this policy and affords coverage only if the Coverage Part is purchased as indicated by a corresponding Limit of Liability in the Policy Declarations. The terms and conditions in each Coverage Part apply only to such Coverage Part and will not apply to any other Coverage Part. The description in the headings and subheadings of this policy is solely for convenience and forms no part of the terms and conditions of coverage. If any provision in the General Terms and Conditions is inconsistent with the terms and conditions of any applicable Coverage Part the terms and conditions of such Coverage Part will control. Bolded terms in this policy will have the meaning set forth in the definitions. The terms we us and our mean the Insurer named on the Policy Declarations the terms you your and yours mean any insured. Il. SUPPLEMENTARY BENEFITS The following supplementary benefits are in addition to and will not reduce the Limit of Liability A. Proceeding Expenses Reimbursement If an insured person s attendance is required at a trial hearing deposition mediation or arbitration in connection with a covered claim we will pay up to 750.00 per day per insured person for reimbursement of costs and expenses including loss of earnings incurred in connection with such attendance. No Deductible or Retention will apply to such proceeding expenses. B. Subpoena Assistance We will pay subpoena assistance costs on behalf of an insured. C. Pre judgment Interest With respect to any entry of judgment covered by this policy we will pay pre judgment interest awarded against an insured on that part of such judgment provided that if we make an offer to pay the applicable Limit of Liability prior to entry of judgment pre judgment interest will not apply to any accrual after the date such offer was made. D. Post judgment Interest With respect to any entry of judgment covered by this policy we will pay post judgment interest from the date of the entry of judgment until the earlier of our offer of payment payment of judgment or deposit into court the amount representing the judgment. Payment of any post judgment interest will reflect any allocation provision or apportionment. Our obligation to make Supplementary Benefit payments will end upon exhaustion of the applicable Limit of Liability. Form No CNA98660XX 10 2020 Policy No HMA 6050273348 Policy Conditions Page 1 of 19 Policy Effective Date 07012021 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 11 of 78 Copyright CNA All Rights Reserved. ualty Company 151 N Franklin St Chicago IL 60606 | 2 |
ies and Providers Plus CNA Healthcare Facili Policy Conditions DEFINITIONS Any defined word not defined in the General Terms and Conditions will have the meaning assigned to it in the applicable Coverage Part. Abuse and molestation act means any actual alleged attempted proposed or threatened i molestation abuse or assault or battery of any person including but not limited to any sexual molestation physical mental or sexual abuse or sexual assault or battery whether negligent or intentional of any person ii sexual sexually related or erotic activity including but not limited to consensual or nonconsensual sexual activity or intimacy sexual harassment sexual exploitation sexual gestures undue familiarity or voyeurism or iii conduct as set forth in paragraphs i and ii above that is in violation or alleged violation of any applicable professional code of ethics or code of conduct. Abuse and molestation claim means any claim based on arising out of or in any way involving in whole or in part any abuse and molestation act regardless of i whether such acts or conduct are physical oral written electronic or visual in nature including all acts or communications on electronic or social media i the legal theory or basis upon which any insured is alleged to be liable including but not limited to allegations or assertions of negligence intentional torts statutory or regulatory violations contractual arrangements improper or negligent hiring or retention improper or negligent investigation or failure to investigate or improper or negligent supervision or failure to supervise or prevent such conduct. Provided an abuse and molestation claim will not include any claim based on or arising out of the actual or alleged failure of an insured to obtain its patient s informed consent with respect to healthcare services provided to such patient but solely to the extent that such claim does not otherwise involve arise out of or in any way involve or relate to whether in whole or in part any allegations of sexually related conduct. Administration means i providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of employee benefits programs i the handling of employee benefits program records iii effecting continuing or terminating any employee s participation in any benefit included in the employee benefits program. Administration does not include handling of any payroll deductions. Advertisement means a notice that is broadcast or published to the general public or specific market segments about the insured entity s goods products or services for the purpose of attracting customers or supporters. For purposes of this definition i notices that are published include material placed on the Internet or on similar electronic means of communication and ii regarding web sites only that part of a web site that is about the insured entity s goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Healthcare Facilities and Providers Plus Policy Conditions Form No CNA9BEE0XX 10 2020 Policy Conditions Page 2 of 19 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 12 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Policy Conditions Agent means i with respect to a governmental entity an individual acting in his her their capacity as its appointed or elected official or i with respect to a representative entity an individual acting in his her their capacity as its director or officer. Application means all signed applications including the warranty and attachments whether ours or that of another insurance carrier together with any other materials and representations provided to us in connection with the underwriting and negotiating of the terms and conditions of this policy or any other policy of which this policy is an indirect or direct renewal. Arbitration proceeding means any formal alternative dispute resolution proceeding or administrative hearing to which an insured is required to submit by statute or court rule or to which an insured has submitted with our consent. Asbestos means the mineral in any form or material whether or not the asbestos was at any time airborne as a fiber particle or dust contained in or formed a part of a product structure or other real or personal property carried on clothing inhaled or ingested or transmitted by any other means. Authorized insured means any executive officer member of the named insured s human resources risk management or in house general counsel s office or any employee authorized by the named insured to give or receive notice of a claim. Auto means i a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or i any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Auto will not include mobile equipment. Automatic limited extended reporting period means the additional reporting period of thirty 30 days after the termination cancellation or expiration of the original policy period for any reason other than non payment of premium or non compliance with any of the terms and conditions for an authorized insured to provide written notice of a claim first made against any insured during the original policy period for incidents that occurred after the retroactive date and prior to the date of such termination cancellation or non renewal provided i such policy is not renewed with us and ii there is no purchased extended reporting period. The automatic limited extended reporting period will begin the day after the original policy period excluding any purchased extended reporting period terminates expires or is cancelled. Bodily injury means any actual or alleged bodily injury sickness disease or death mental injury or mental anguish sustained by a natural person at any time if such mental injury or mental anguish results as a consequence of such bodily injury sickness or disease to such natural person. Change of control means when i the named insured merges into another entity and is no longer the surviving entity i another persons or entityies acquires such an ownership interest in the named insured to exercise management control or Healthcare Facilities and Providers Plus Policy Conditions Form No CNA9BBE0XX 10 2020 Policy Conditions Page 3 of 19 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 13 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Policy Conditions iii a material or significant change to the nature type or volume of professional services as represented in the application. Claim means any written or oral demand for damages or proceeding. Claim does not include any a subpoena request for medical records a patient incident report a variance report or any other report made for loss prevention purposes or a demand or action seeking solely non monetary or injunctive relief b governmental or representative entity matter c HIPAA proceeding or d criminal complaint or criminal proceeding regardless of the allegations made against any insured. Unless specifically stated elsewhere in a Coverage Part a claim will be deemed first made on the earliest of the date on which the claim is served upon or first received by any authorized insured or when any authorized insured first receives a written or oral demand for damages. Contractual liability means the actual or alleged liability voluntarily undertaken by an insured entity in any contract or agreement. Contractual liability does not include liability that would be imposed upon an insured in the absence of such contract or agreement. Cyber event means any actual or alleged i exploit i unauthorized access or use or iii network impairment. Damages mean the amount the insured is legally obligated to pay as a result of a i final adjudication of a claim resulting in a monetary award or monetary judgment or i settlement or compromise of a claim negotiated by us. Damages do not include a non monetary injunctive or declaratory relief b taxes fines penalties sanctions or forfeitures c amounts not insurable under the law under which this policy is construed d any amount for which an insured is absolved from payment by reason of any covenant agreement or court order e the return or write off of any fees costs or expenses paid incurred or charged by any insured f liquidated damages or g attorney s fees or costs of the claimant unless imposed as a result of a covered judgment or arbitration award. Form No CNA9BEE0XX 10 2020 Policy Conditions Page 4 of 19 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 14 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Policy Conditions Defense costs mean reasonable and necessary fees costs and expenses incurred by us or consented to by us and incurred by the insured entity in the defense or appeal of any covered claim. Defense costs will also include premium for appeal bonds attachment bonds or similar bonds arising out of a covered judgment. Defense costs will not include a salaries wages fees overhead or benefit expenses associated with any insured or b fees and expenses of independent adjusters engaged by us. Defense costs are in addition to the Limit of Liability. 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 used with electronically controlled equipment. Employee benefits wrongful act means any actual or alleged act error or omission negligently committed in the administration of the insured entity s employee benefits program that occurred before the expiration of the policy period excluding any extended reporting period. Employee benefits program means a program providing any of the following benefits to employees whether provided through a cafeteria plan or otherwise i group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements i profit sharing plans savings plans stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits iii unemployment insurance social security benefits workers compensation and disability benefits or iv vacation plans including buy and sell programs leave of absence programs tuition assistance plans and transportation and health club subsidies. Exploit means the breach of or unauthorized or unlawful access to any network resulting in denial of service delay to a network or infection of a network through malware spyware virus or any such similar unauthorized code application or software. Extended reporting period means the applicable i automatic limited extended reporting period or the additional reporting period purchased by an insured after the termination cancellation or non renewal of this policy within which to report a claim under a Claims Made and Reported Coverage Part subject to the provisions of Section VIII Extended Reporting Period. There is no coverage for incidents that first occurred during the extended reporting period. Governmental or representative entity matter means any proceeding or written or oral demand brought in whole or in part by or on behalf of any governmental entity or representative entity or any agents thereof i arising out of any actual or alleged injury or damage to its citizens residents or members and i seeking to recover in whole or in part costs or expenses paid by or to be incurred by such entity. Provided that nothing immediately above will preclude a coverage for damages for bodily injury sustained by a natural person i. caused by an occurrence or ii. arising out of a professional services wrongful act and brought by that natural person or that natural person s family member legal guardian or estate or Form No CNA9BEE0XX 10 2020 Policy Conditions Page 5 of 19 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 15 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Policy Conditions b. any rights of such entities to recover amounts for benefits paid for or on behalf of an individual beneficiary pursuant to a benefits plan or program including any benefits paid under Medicare Medicaid Tricare or any similar state federal or local program. Governmental entity means any federal state local tribal or foreign governmental entity agency body program or like authority. HIPAA proceeding means any proceeding brought by or on behalf of a government entity alleging an actual or alleged violation of the Health Insurance Portability and Accountability Act. Incident means any i bodily injury or property damage arising out of an occurrence ii offense causing personal and advertising injury iii professional services wrongful act or iv employee benefits wrongful act. Independent contractor means any natural person working for an insured entity in the ordinary course of such insured entity s business and in the capacity of an independent contractor pursuant to a written agreement for services between such insured entity and either i such natural person or ii any other entity acting on behalf of such natural person. Insured means the insured entity andor insured persons. Insured entity means the entity named insured andor any subsidiary. Insured person will have the meaning designated in the respective Coverage Part. Insured person will also include i assigns estates heirs or legal representatives of any insured person in their capacity as such provided such insured person is deceased or legally incompetent or ii a spouse or domestic partner of an insured person in their capacity as such or due to legal ownership of property identified as potential recovery relief. There will be no coverage afforded under this policy for any act error omission or bodily injury personal and advertising injury or property damage caused by an estate heir legal representative assign spouse or domestic partner. Management control means i owning or controlling more than fifty percent 50 of the outstanding securities shares or equity ownership representing the right to control an entity as evidenced by the present power to elect designate or appoint the majority of the board of directors or management board members or i having the present right pursuant to written contract or an organizational document to elect designate or appoint the majority of the board of directors or management board members of an entity. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment i bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads ii vehicles maintained for use solely on or next to premises the insured entity owns or rents iii vehicles that travel on crawler treads iv vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted a power cranes shovels loaders diggers or drills or b road construction or resurfacing equipment such as graders scrapers or rollers v vehicles not described in i i iii or iv above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types Form No CNA9BE60XX 10 2020 Policy Conditions Page 6 of 19 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 16 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Policy Conditions a air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or b cherry pickers and similar devices used to raise or lower workers or vi vehicles not described in i ii iii or iv above maintained primarily for purposes other than the transportation of persons or cargo. Provided self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos a equipment designed primarily for i. snow removal ii. road maintenance but not construction or resurfacing or iii. street cleaning b cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and c air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. Named insured means the entity set forth in Item 1 of the Policy Declarations. Network means any computer program database server mainframe software hardware applications storage or back up devices or such similar components of a digital telecommunication network that is owned or operated by or on behalf of or for the benefit of the insured entity. Network does not include the internet telephone company networks electrical grids or other public infrastructure network. Network impairment means the disruption theft modification destruction or damage to any network that results in the impairment of the network to such an extent that the insured entity is substantially unable to conduct normal and customary business operations. Notice of matter means any written notice of an incident or occurrence that an authorized insured reasonably believes could give rise to a claim. Each notice of matter must conform to i Section VII B Notice of Potential Claims in any Claims Made and Reported Coverage Part of the General Terms and Conditions and i the Notice of Matter Form attached to this policy. Occurrence means an accident including continuous or repeated exposure to the same general harmful conditions. Personal and advertising injury means any actual or alleged injury including consequential bodily injury arising out of one or more of the following offenses i false arrest detention or imprisonment ii malicious prosecution or abuse of process iii wrongful eviction from wrongful entry into or the 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 iv oral or written publication in any manner of material that slanders or libels a person or entity or disparages a person s or entity s goods products or services v oral or written publication in any manner of material that violates a person s right of privacy vi the use of another s advertising idea in the insured entity s advertisement or viiinfringing upon another s copyright trade dress or slogan in the insured entity s advertisement. Form No CNA9BB60XX 10 2020 Policy Conditions Page 7 of 19 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 17 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Policy Conditions Personal information means any private or confidential information in the care custody or control of an insured entity or a third party provider acting on behalf of an insured entity. Policy period means the time period from the inception date to the expiration date of this policy set forth in Item 2 of the Policy Declarations or any such earlier termination or cancellation date. Policy period will also include the extended reporting period if applicable. Pollutants mean any actual or alleged i solid liquid gaseous thermal or radioactive irritant or contaminant acids alkalis chemicals fumes smoke soot vapor waste or waste materials to be recycled reclaimed or reconditioned or disposed or ii air emission odor waste water oil or oil products infectious or medical waste asbestos or asbestos products or any noise. Pollution means any actual alleged or threat of discharge emission release dispersal escape of or treatment removal or disposal of any pollutants. Pollution also includes any regulation order direction or request to test monitor clean up remove contain treat detoxify or neutralize any pollutants. Potential claim means any notice of matter that we have accepted in writing as a notice of potential claim under this policy. Proceeding means any civil proceeding in which damages for injury to which this insurance applies are alleged including i an arbitration proceeding seeking damages or i any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Professional services mean the rendering to others of healthcare services Good Samaritan services or proctoring services or the performing of formal review board activities. Professional services wrongful act means any actual or alleged act error or omission by an insured or by a person or entity for whom an insured is legally liable in the rendering of professional services that occurred before the expiration of the policy period excluding any extended reporting period. Property damage means any actual or alleged physical injury to i tangible property including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it or i loss of use of tangible property that is not physically injured. All such loss of use will be deemed to occur at the time of the occurrence that caused it. Electronic data is not tangible property. Protected information means i personal information or ii any other third party confidential business information in the care custody or control of an insured entity or a third party provider acting on behalf of an insured entity. Replacement coverage means any insurance policy risk transfer instrument including but not limited to retentions limits of insurance self insured amounts deductibles risk transfer arrangements or other alternative arrangements purchased or obtained by the insured to replace this policy. Representative entity means any union insurance fund private insurance company or such similar or like entity. Retroactive date means the date set forth as the Retroactive Date in the Policy Declarations. ica means any actual or alleged or threatened respiration ingestion or presence of or exposure at any time to respirable dust or the chemical compound silicon dioxide Si02 in any form including dust which contains silicon dioxide. Form No CNA9BBE0XX 10 2020 Policy Conditions Page 8 of 19 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 18 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Policy Conditions Subpoena assistance costs mean the reasonable and necessary fees incurred by an attorney who has been retained by us at the request of an insured solely to respond to a subpoena for documents or subpoena for witness testimony arising out of professional services rendered by an insured. Provided the following conditions are met i the subpoena is received by the insured during the policy period i such professional services must have been rendered on or after the retroactive date and iii such insured is not a party to the lawsuit or a compensated witness engaged to provide or has provided expert opinion analysis or advice in the proceeding from which the subpoena is issued. Subpoena assistance costs will not include e discovery expenses. Subsidiary means an entity i added specifically as a subsidiary by endorsement to this policy or i pursuant to Section X Subsidiary of the General Terms and Conditions afforded automatic coverage for ninety 90 days after the creation date or acquisition date or until the end of the policy period whichever is earlier. Temporary worker means a worker who is furnished to an insured entity to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Unauthorized access or use means unauthorized use theft collection disclosure disruption modification deletion or destruction of or unauthorized access to any protected information or any network component. War means any war declared or otherwise warlike operation hostilities invasion popular or military uprising or activities insurrection rebellion revolution or terrorism whether certified or not by an individual or group or any action taken by governmental authorities in hindering or defending against any of these.. EXCLUSIONS APPLICABLE TO ALL COVERAGE PARTS This policy does not apply to any claim damages defense costs expenses fees or loss ABUSE AND MOLESTATION based on arising out of or in any way involving any actual or alleged abuse and molestation claim ALTERATION OR DESTRUCTION OF RECORDS otherwise covered by this policy if you or someone for whom you are legally responsible alters or directs others to alter any patient or business records pertinent to such claim such alteration not limited to changes clarification updates completion or destruction of such records. Provided this exclusion will not apply to i any supplement or correction to a record provided the author and date of such amendment is recorded on the record and the content of the original record has not been deleted or obliterated i the destruction of any record that occurs after all applicable statutory and regulatory record retention periods and any internal retention policy of an insured entity have elapsed provided an insured is not on notice of a claim incident or notice of matter iii any bona fide corrections made in accordance with professional standards such as maintaining the original entry and dating and initialing the correction or iv any insured who prior to the discovery of the alteration or destruction had no knowledge of the alteration or destruction of such records Form No CNA9BEE0XX 10 2020 Policy Conditions Page 9 of 19 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 19 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Policy Conditions ANTITRUST based on or arising out of actual or alleged violation of any United States law which prohibits antitrust price fixing or price discrimination restraint of trade or competition monopolization or predatory pricing ASBESTOS SILICA based on arising out of or in any way involving asbestos or silica BILLING OR COLLECTION based on or arising out of an insured s actual or alleged billing or bill collection practices including any actual or alleged violation of the Fair and Accurate Credit Transactions Act and the Fair Credit Reporting Act or similar laws CRIMINAL ACTS OR CONDUCT based on or arising out of any actual or alleged act or omission committed by or at the direction of any insured which act or omission is or could be the basis for a criminal prosecution against the insured. Provided this exclusion will not apply to defense costs for such claim up and until such act or omission is established by a final adjudication trial verdict court ruling regulatory ruling or legal admission whether appealed or not in the underlying action. This defense costs coverage will not in any way apply to an abuse or molestation claim. There is no coverage including defense costs coverage under this policy for any criminal complaint or criminal proceeding regardless of the allegations made against any insured. Nor will we defend any criminal complaint or criminal proceeding regardless of the allegations made against any insured CYBER EVENT based on or arising out of any cyber event DIRECTOR OR OFFICER LIABILITY for liability for any act error or omission or breach duty by an insured while acting in the capacity of a director or officer of an insured entity or any other entity DISCRIMINATION based on or arising out of any actual or alleged discrimination humiliation or harassment that includes but will not be limited to claims based on an individual s race creed color age gender identity or expression national origin religion disability marital status genetic information political ideology sex sex characteristics or sexual orientation DISHONEST FRAUDULENT OR MALICIOUS ACTS based on or arising out of any actual or alleged i dishonest fraudulent or malicious act or omission or intentionally wrongful act of any insured or ii violation by the insured or with the insured s consent of any law or regulation imposing criminal penalties or liability. Provided this exclusion will not apply to any insured person who did not participate in have direct knowledge of or assent by action or inaction to such actions or conduct described in i or ii EMPLOYER LIABILITY based on or arising out of any actual or alleged i bodily injury to any employee other than an employee who is a volunteer during the course of their employment by the insured entity or ii injury to the spouse domestic partner child parent sibling of such employee as a consequence of paragraph i above. Healthcare Facilities and Providers Plus Policy Conditions Form No CNA9BBE0XX 10 2020 Policy Conditions Page 10 of 19 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 20 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Policy Conditions This exclusion a applies whether the insured entity may be liable as an employer or in any other capacity b applies to any obligation to share damages or repay any person or entity obligated to pay damages because of the injury or c will not apply to damage by fire to premises while rented to the insured entity or temporarily occupied by the insured entity with permission of the owner ERISA based on or arising out of any actual or alleged act or omission in the insured s capacity as a fiduciary under the Employee Retirement Income Security Act of 1974 POLLUTION based on arising out of any or in any way involving i pollution or i any loss cost or expense arising out of any a request demand or order that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b claim 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 RICO based on or arising out of an insured s actual or alleged violation of the Racketeer Influenced Corrupt Organizations Act SECURITIES based on or arising out of any actual or alleged violations of any United States securities law or any local Blue Sky or securities law UNSOLICITED COMMUNICATION based on or arising out of any actual or alleged violation of any United States law which regulates or governs commercial solicitation or messaging automatic contract renewals or anti spam including commercial emails and spam telemarketing texts or electronic commerce WAR based on or arising out of or any way involving in whole or part war WORKERS COMPENSATION AND SIMILAR LAWS based on or arising out of any actual or alleged violation of any United States law governing workers compensation unemployment insurance social security or disability benefits or WRONGFUL EMPLOYMENT PRACTICES based on or arising out of any actual or alleged matter relating to the responsibilities obligations or duties of an employer to any employee or prospective employee including wage and hour as imposed by United States law or common law provided this exclusion will not apply to any claim based on or arising out of formal review board activities. Healthcare Facilities and Providers Plus Policy Conditions Form No CNA9BEE0XX 10 2020 Policy Conditions Page 11 of 19 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 21 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Policy Conditions V. DUTY TO DEFEND AND EXHAUSTION OF LIMITS A. Duty to Defend We have the right and duty to defend any claim. We have the right to select and appoint counsel and to make such investigation defense and settlement of a claim as we deem necessary. If a claim is subject to an arbitration proceeding or mediation we are entitled to exercise all of your rights in the choice of arbitrators or mediators and in the conduct of an arbitration proceeding or mediation involving such claim. Exhaustion of Limits We are not obligated to investigate defend pay or settle or continue to investigate defend pay or settle a claim or pay any Supplementary Benefits or expenses fees or costs after the applicable Limit of the Liability has been exhausted by payment of damages. In such case we have the right to withdraw from the further investigation defense payment or settlement of such claim by tendering control of such investigation defense or settlement of the claim to you. VI. ASSISTANCE AND COOPERATION You agree i i iii iv V vi to provide us full assistance and any information we may reasonably request when you are seeking coverage under this policy to fully cooperate with us in all defense of claims investigations settlements and conduct of suits or other proceedings to do nothing that may increase our liabilities or prejudice our potential or actual rights of subrogation and to assist us in enforcing any right of contribution or indemnity against another who may be liable not to incur any damages defense costs or any other costs or expenses for which you are seeking coverage under this policy or admit any liability or assume any contractual obligation without our prior written consent not to accept or consent to any settlement without our prior written consent and make available your books and records as they relate to this policy at any time during the policy period and up to five 5 years afterward. We will a b c d have the right to make any reasonable investigation into any claim potential claim or notice of matter that we deem necessary or appropriate make any settlement of any claim that we deem reasonable not be liable for any damages defense costs loss or any other costs or expenses for which you are seeking coverage under this policy or admission of liability or any contractual obligation unless we have provided prior written consent and not be liable for any damages defense costs loss or any other costs or expenses that we are unable to timely investigate or defend due to the acts or omissions of any insured including any resulting damages from a default judgment. Healthcare Facilities and Providers Plus Policy Conditions Form No CNA9BE60XX 10 2020 Policy Conditions Page 12 of 19 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 22 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Policy Conditions VII.NOTICE AND REPORTING A. Reporting a Claim in any Claims Made and Reported Coverage Part As a condition precedent to our obligations under this policy if a claim is made against any insured during the policy period an authorized insured must provide us written notice of such claim as soon as practicable and during the policy period but no later than i forty five 45 days after the expiration of the policy period if the policy is renewed with us i the expiration date of the automatic limited extended reporting period if the policy is cancelled terminated or non renewed or iii the expiration date of the purchased extended reporting period. Claims reported in i i or iii above will be deemed made during the policy period subject to the terms and conditions of this policy. Notice of any claim must include the following a specifics of the claim and the date received b copies of any demands notices summonses or legal papers received in connection with the claim and authorization for us to obtain documents records and other information. c B. Notice of Potential Claims in any Claims Made and Reported Coverage Part If during the policy period excluding any extended reporting period an insured first becomes aware of any incident or occurrence that an authorized insured reasonably believes may give rise to a claim any authorized insured may elect to submit a written notice of matter to us prior to the expiration or termination of the policy period excluding any extended reporting period. Such written notice of matter must contain a description of the i specific act error or omission or the specific injury incident occurrence or offense ii dates location and persons involved iii identity of anticipated or potential claimants iv consequences which have resulted from the incident or occurrence and v nature of the relief sought. We will review the information provided in the notice of matter and will determine whether the notice of matter reasonably satisfies the requirements set forth in the above paragraph. We will advise you in writing as soon as reasonably practicable if the notice of matter will be accepted under the terms of this policy thereby deemed a potential claim. If the notice of matter is not accepted as a potential claim we will indicate the reasons why it was deficient. You will then have a total of thirty 30 days or a mutually agreed upon time frame from the receipt of our initial non acceptance within which to cure the notice of matter deficiencies in writing. With respect to any subsequent claim based on or arising out of a potential claim such claim will be deemed to have been made at the date the notice of matter was first submitted to us provided such notice of matter was accepted by us in writing as a potential claim. Any incident reported to us as part of risk management or loss control services will not constitute a notice of matter and will not be accepted as a potential claim. Healthcare Facilities and Providers Plus Policy Conditions Form No CNA9BBE0XX 10 2020 Policy Conditions Page 13 of 19 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 23 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Policy Conditions C. Reporting a Claim or Incident in an Occurrence Based Coverage Part If a claim is made against any insured an authorized insured must immediately notify us in writing as soon as reasonably practicable. Such notice should include specifics of the claim the date received and copies of the claim demands notices summonses or legal papers received in connection with the claim. In the event an authorized insured knows or reasonably should know an incident is likely to result in a claim an authorized insured must provide a written notice as soon as reasonably practicable. Such written notice must contain a description of the i nature of the specific injury incident occurrence or offense ii dates location and persons involved iii identity of anticipated or potential claimants and iv consequences which have resulted from the incident or occurrence and v nature of the relief sought. D. Request for Supplementary Benefits Optional Coverages If you choose to request coverage for proceeding expenses reimbursement or subpoena assistance costs you must submit a written notice to the address located in Item 3 of the Policy Declarations. With respect to subpoena assistance costs the notice must be sent within thirty 30 days of the date upon which the subpoena was served upon the insured. Should there be a subsequent claim that is based on or arises out of the subject matters of this noticed subpoena we will consider that claim to have first been made during the policy period in which we received your first written notice of the subpoena. E. Written notices of a claim notice of matter or notice of incident should be directed to us at the mailing address or email address indicated in Item 3 of the Policy Declarations. We will send all correspondence to you at the address set forth in Item 1 of the Policy Declarations. We will consider the effective date of notice to be the date of mailing with sufficient proof of mailing. VIIl. EXTENDED REPORTING PERIOD Solely with respect to a Claims Made and Reported Coverage Part If this policy is terminated cancelled or non renewed for any reason other than non payment of premium non compliance with any of the terms and conditions or a change of control and the named insured has not obtained replacement coverage for any Coverage Part written on a Claims Made and Reported basis the named insured will have the right to purchase an extended reporting period for additional periods and additional premium. The named insured must notify us in writing of this election within thirty 30 days after the termination cancellation or non renewal of this policy. If the named insured does not elect within this time frame the named insured will have waived the right to purchase the extended reporting period. A purchased extended reporting period will extend to selected Coverage Part coverage for a specified period of time but only for claims that are i first made during the extended reporting period i reported to us according to this policy s notice and reporting requirements and iii arise out of incidents or occurrences that occurred prior to the date of such termination cancellation or non renewal. Healthcare Facilities and Providers Plus Policy Conditions Form No CNA9BBE0XX 10 2020 Policy Conditions Page 14 of 19 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 24 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Policy Conditions The extended reporting period applies only to claims and will not provide an extended period in which to report a notice of matter. The purchased extended reporting period becomes part of the policy period. Any premium for an extended reporting period will be deemed fully earned at the beginning of the extended reporting period. There will be no additional limit of liability for the extended reporting period. Any applicable Retention or Deductible will continue to apply under the same terms and conditions set forth herein.. CHANGES OF CONTROL Subject to an Emergency Health Declaration as described below in the event of a change of control we will not be liable for any incident after the effective date of a change of control. We will however continue to provide coverage until the policy is otherwise cancelled terminated or expires but only for incidents prior to the date of a change of control. The extended reporting provision in Section VIII will not apply to a change of control event. If you notify us in writing at least sixty 60 days prior to the change of control we reserve the right to provide you with a proposed extension of coverage such extension may be subject to additional terms conditions additional premium and payment of such premium by you. Emergency Health Declaration Change of Control In the event that there is a material or significant change in the nature type or volume of professional services as represented in the application and such change was solely precipitated by a federal state or local governmental emergency health declaration Emergency Health Declaration then the sixty 60 day prior notice above will not apply you will however be required to notify us within sixty 60 days of the effective date of such change in professional services. The change of control provision in the first paragraph will apply sixty 60 days after the professional services have effectively changed unless you and the Insurer have either i agreed to waive the change of control provision or i extend the coverage such extension may be subject to additional terms conditions additional premium and payment of such premium by you. SUBSIDIARY If during the policy period an insured entity newly forms an entity or newly acquires an entity such that the insured entity has management control over such entity the newly acquired or formed entity will be deemed to be a subsidiary for ninety 90 days after the formation date or acquisition date or until the end of the policy period whichever is earlier. However such newly formed or newly acquired entity must provide substantially similar professional services as represented in the application used to underwrite this policy. Coverage for such entity will apply only to incidents that occur subsequent to the insured entity s management control and prior to the expiration of the policy period or the ninety 90 day period whichever is earlier. After the earlier of the expiration of the ninety 90 days or the end of the policy period such entity will no longer be deemed a subsidiary unless specifically added by endorsement. If an insured entity ceases management control of a subsidiary during the policy period coverage will continue until the policy is otherwise terminated or cancelled but coverage will apply to such subsidiary and its insureds only for claims for incidents or occurrences which occurred while under management control and prior to such cessation. As used in this section the term policy period will not include any purchased extended reporting period. XI. LIMIT OF LIABILITY RETENTIONS AND DEDUCTIBLES A. LIMIT OF LIABILITY If Item 7 of the Policy Declarations is elected then the amount indicated in Item 7 will be the Combined Maximum Aggregate amount we will pay for all damages regardless of the number of claims incidents insureds parties or requests for coverage under all Coverage Parts combined. Form No CNA9BEE0XX 10 2020 Policy Conditions Page 15 of 19 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 25 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Policy Conditions If Item 7 of the Policy Declarations is not elected then the amount indicated for the applicable Coverage Part in the Policy Declarations will be the maximum amount we will pay for all damages regardless of the number of claims insureds incidents parties or requests for coverage in each applicable Coverage Part. B. RETENTION OR DEDUCTIBLE The Policy Declarations will identify any applicable each claim andor Aggregate Retention or Deductible for each Coverage Part. The Retention or Deductible will not apply to payments by us under Section Il Supplementary Benefits of the General Terms and Conditions. i Damages Only within Retention or Deductible if indicated Subject to the Coverage Part Aggregate Retention or Deductible if any and any Combined Aggregate Deductible for all Coverage Parts we will only pay damages for any claim in excess of the Retention or Deductible. It will be the responsibility of the named insured to pay all damages up to the amount of the Retention or Deductible. Solely with respect to a Deductible payment of such damages will reduce the applicable Limit of Liability. We reserve the right to pay such damages within the Retention or Deductible and seek reimbursement from the named insured for those amounts in such an event the named insured will reimburse us within thirty 30 days of our payment of such amounts. i Defense Costs and Damages within Retention or Deductible if indicated Subject to the Coverage Part Aggregate Retention or Deductible if any and any Combined Aggregate Deductible for all Coverage Parts we will only pay applicable defense costs andor damages for any claim in excess of the Retention or Deductible. It will be the responsibility of the named insured to pay all defense costs andor damages up to the amount of the Retention or Deductible. Solely with respect to a Deductible payment of such defense costs andor damages will reduce the applicable Limit of Liability. We reserve the right to pay such defense costs andor damages that are within the Retention or Deductible and seek reimbursement from the named insured for those amounts in such an event the named insured will reimburse us within thirty 30 days of our payment of such amounts. The Coverage Part Aggregate Retention or Deductible if any is the most you will be required to pay for all damages or defense costs andor damages whichever is indicated for all claims under the Coverage Part. If there are two or more Retentions or Deductibles that apply to the same claim the named insured will be obligated to pay the largest of such Retention or Deductible. Item 8 of the Policy Declarations sets forth any applicable Combined Aggregate Retention or Deductible for all Coverage Parts representing the aggregate Retention or Deductible regardless of the number of applicable Coverage Parts. Such Combined Aggregate Retention or Deductible applies to all claims under any and all of the Coverage Parts. Each Coverage Part will have additional terms and conditions with respect to the Limits of Liability and may have additional terms and conditions with respect to any applicable Retentions or Deductibles. All premiums limits Retentions Deductibles defense costs damages and other amounts under this policy are expressed and payable in United States of America currency unless the parties agree in writing otherwise. Form No CNA9BEE0XX 10 2020 Policy Conditions Page 16 of 19 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 26 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Policy Conditions XIl. ALLOCATION If we have the duty to defend a claim that involves covered damages and defense costs and uncovered damages defense costs or other amounts because such claim includes covered and uncovered parties andor covered and uncovered matters then the following will apply you and the Insurer will agree that there must be an allocation of the covered damages and defense costs and uncovered damages defense costs or other amounts. You and we will use best efforts to agree upon a fair and proper allocation based on the relative legal and financial exposures between covered damages defense costs andor parties and uncovered damages defense costs other amounts andor parties. XIll. APPLICATION In issuing this policy we have relied upon the truthfulness and accuracy of the statements representations and information in the application. The application will be deemed attached to the policy and incorporated into the policy as if fully and completely set forth herein. If the application s statements representations and information contain any material misrepresentation material omission or material inaccuracy we reserve the right to rescind or void this policy or to deem this policy void ab initio. XIV.SUBROGATION AND RECOUPMENT If we pay any damages defense costs expenses fees or loss under this policy we reserve all rights to subrogation. We will not subrogate against you. You agree that we have the right to recoup any amount paid to you or on your behalf if such amount was not owed under this policy. You agree that you will do nothing that may increase our liabilities or prejudice our potential or actual rights of subrogation and will assist us in enforcing any right of contribution or indemnity against another who may be liable. Any damages recovered by subrogation or recoupment less costs expended for the recovery will be applied to the Limit of Liability of the applicable Coverage Part. XV.GENERAL POLICY PROVISIONS The named insured on behalf of all insureds will be i authorized to make changes in the terms and conditions of this policy with our consent ii the payor of all premiums due iii the payee of any applicable return premiums iv responsible for keeping records of the information we require for premium computation and sending copies of such records at such times as requested by us and v notifying us if it and all others want to cancel this policy. This policy including the application constitutes the entire contract existing between you and us or any of our agents relating to this insurance. Notice to any of our agents or knowledge possessed by any such agent or any other person will not act as a waiver or change in any part of this policy. Nor will such notice prevent us from asserting any rights under the provisions of this policy. The provisions of this policy can not be waived or changed except by written endorsement issued to form a part of this policy. We will not be bound by any assignment of interest under this policy unless this assignment is specifically endorsed to the policy. XVL.INSPECTIONS AND SURVEYS We have the right but are not obligated to make inspections and surveys at any time give the named insured reports on the conditions we find recommend changes and conduct loss control and prevention activity. Any inspections surveys reports or recommendations relate only to insurability proposed coverage andor the premiums to be charged. Form No CNA98660XX 10 2020 Policy No HMA 6050273348 Policy Conditions Page 17 of 19 Policy Effective Date 07012021 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 27 of 78 Copyright CNA All Rights Reserved. Healthcare Facilities and Providers Plus Policy Conditions Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 27 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Policy Conditions However we do not make safety inspections undertake to perform the duty of any entity to provide for the health or safety of workers or the public or warrant that conditions are safe or healthful or that they comply with laws regulations codes or standards. This provision applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys recommendations reports or gives loss control or prevention advice on its behalf. XVIILINSURANCE UNDER MORE THAN ONE COVERAGE PART If more than one Coverage Part in this policy potentially applies to any one claim we will decide at our sole discretion which Coverage Part is the most applicable and pay defense costs andor damages only under that one Coverage Part. We will not pay more than the applicable Limit of Liability of that Coverage Part. XVIII.OTHER INSURANCE OR RISK TRANSFER ARRANGEMENTS Any claim covered under any other insurance policy or risk transfer instrument including but not limited to self insured retentions deductibles or other alternative arrangements will be paid first by those instruments policies or other arrangements. It is the intent of this policy to apply only to damages that are in excess of the total limit of all deductibles retentions limits of insurance self insured amounts or other valid and collectible insurance or risk transfer arrangements whether primary contributory excess contingent or otherwise. In no event will we pay more than our Limit of Liability. These provisions do not apply to other insurance policies or risk transfer arrangements written as specific excess insurance of this policy s Limits of Liability. This policy will be excess of and will not contribute with any insurance policy that provides coverage for or indemnifies damages fees expenses loss defense costs or any payment for which this policy also provides coverage unless such other insurance is written specifically as excess of this policy s Limits of Liability. This policy will be specifically excess to any insurance policy written on a duty to defend basis unless such other insurance is written specifically as excess of this policy s Limits of Liability. With respect to any coverage afforded to an additional insured this policy will be primary to and non contributory with any other insurance policy that provides coverage or indemnifies damages fees expenses loss defense costs or any payment for which this policy also provides coverage. XIX.CANCELLATION OR NON RENEWAL The Cancellation Non renewal provisions are set forth in the Cancellation Non renewal Endorsement attached to this policy. XX.GOVERNMENT ACCESS TO RECORDS In accordance with the requirements of Section 952 of the Omnibus Reconciliation Act of 1980 and upon written request by an authorized governmental representative we will allow the Secretary of Health and Human Services and the Comptroller General access to the policy and necessary books documents and records to verify the cost of the policy to the extent required by law. Access will also be allowed to subcontracts between us and any of our related organizations and to such organization s books documents and records. Such access will be provided up to four 4 years after the coverage afforded under this policy ends. XXI.REFERENCE TO LAW Any reference to United States law will also include United States federal state and local statutory law and any rules regulations and amendments of such law or any such equivalent foreign law. Form No CNA9BBE0XX 10 2020 Policy Conditions Page 18 of 19 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 28 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Policy Conditions XXII.BANKRUPTCY OR INSOLVENCY Bankruptcy or insolvency of an insured or an insured s estate will not impact our obligations rights or defenses under this policy. We will not object to your efforts to obtain relief or stay from any injunction issued as a result of bankruptcy or insolvency. XXIIILACTION AGAINST THE COMPANY No action may be taken against us unless as a condition precedent there has been full compliance with all the terms and conditions of this policy. Further no person or entity will have any right under this policy to join us as a party to any action against any insured to determine such insured s liability nor can we be impleaded by the insured or legal representatives of such insured. XXIV.TERRITORY Coverage will apply worldwide provided the claim is made and any legal proceedings are pursued within the United States of America its territories possessions or commonwealths Puerto Rico or Canada. XXV.TRADE OR ECONOMIC SANCTIONS This policy does not provide coverage for any insured transaction damages defense costs expenses fees or loss that are uninsurable under the laws or regulations of the United States concerning trade or economic sanctions. IN WITNESS WHEREOF we have caused this policy to be executed by our Chairman and Secretary but this policy shall not be binding upon us unless completed by the attachment of the Policy Declarations. Healthcare Facilities and Providers Plus Policy Conditions Chairman of the Board Secretary Form No CNA9BBE0XX 10 2020 Policy Conditions Page 19 of 19 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 29 of 78 | 2 |
cNA Healthcare Facilities and Providers Plus Coverage Part I PROFESSIONAL LIABILITY COVERAGE PART IMS MADE AND REPORTED THIS COVERAGE PART PROVIDES CLAIMS MADE AND REPORTED COVERAGE WHICH APPLIES ONLY TO CLAIMS FIRST MADE AGAINST THE INSUREDS AND REPORTED TO THE INSURER DURING THE POLICY PERIOD IN ACCORDANCE WITH THE PROVISIONS OF THIS POLICY FORM. INSURING AGREEMENT We will pay on behalf of an insured damages up to the applicable Limit of Liability as a result of a claim first made against the insured and reported to us during the policy period for a professional services wrongful act that i took place on or after the retroactive date and ii is not subject to prior knowledge or prior notice. We will pay defense costs in connection with a covered claim. Such defense costs are in addition to the applicable Limit of Liability. DEFINITIONS Any defined word not defined in this Coverage Part will have the meaning assigned to it in the General Terms and Conditions. Additional insured means any person or entity to whom or to which an insured entity is obligated by a written contract or agreement i to be added to this policy as an additional insured for its liability and i to hold harmless or indemnify such person or entity provided such person or entity is an insured solely for the vicarious liability imposed upon such person or entity because of an insured s professional services wrongful acts and only to the extent of the limits of insurance required by such contract or agreement not to exceed the Limits of Liability of this policy. Further provided such written contract or agreement was executed prior to the professional services wrongful act giving rise to the claim. There will be no coverage for an additional insured s independent or own acts of negligence. Employee means a person whose work is engaged and directed by an insured entity including any permanent part time seasonal temporary leased or loaned workers students and volunteers. An employee will not include an independent contractor. An employee will not include interns residents physicians dentists nurse anesthetists nurse midwives podiatrists or chiropractors. Executive officer means any natural person duly authorized director officer trustee or governor or management committee member of an insured entity acting in such capacity. An executive officer will not include interns residents physicians dentists nurse anesthetists nurse midwives podiatrists or chiropractors. Formal review board activities mean the activities of an insured but solely while acting in the capacity as a member of an insured entity s official board or committee that was formed to i evaluate the performance or qualifications of the insured entity s professional staff or ii accredit assess or evaluate standards and implementation with respect to professional services provided by the insured entity. Form No CNA98661XX 10 2020 Policy No HMA 6050273348 Coverage Part Page 1 of 5 Policy Effective Date 07012021 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 30 of 78 Copyright CNA All Rights Reserved. ualty Company 151 N Franklin St Chicago IL 60606 | 2 |
CNA Healthcare Facilities and Providers Plus Coverage Part Good Samaritan services mean services provided to others by a natural person insured in a sudden and unforeseen emergency situation for which no remuneration is expected demanded or received. Healthcare services mean services performed on your behalf by an insured or by someone for whom an insured is liable to care for or assist your patient. Healthcare services include the furnishing of food beverages or medications or appliances in connection with such services and the postmortem handling of human bodies. Insured entity will also include an additional insured entity. Insured person means any i current and former employees but only for professional services provided on an insured entity s behalf i current and former executive officers but only for professional services provided on an insured entity s behalf iii an intern resident physician dentist nurse anesthetist nurse midwife podiatrist or chiropractor acting in their capacity solely to the extent they are performing Good Samaritan services proctoring services or formal review board activities on an insured entity s behalf iv natural person additional insured or v medical directors department heads or chiefs of staff or any member of a duly authorized board or committee of an insured entity acting in their capacity solely to the extent they are performing proctoring services or formal review board activities. Insured persons will not include independent contractors except to the extent such natural persons are otherwise included in i through v above or added by endorsement as an insured person. Managed care services mean services based on or arising out of the operation ownership management or control of any health maintenance organization HMO or preferred provider organization PPO or other similar organization. Managed care services will not include services based solely on your status as a provider of healthcare services to the enrollees of an HMO PPO or other similar organization that is not owned managed or controlled by an insured entity. Medicare or Medicaid matter means any actual or alleged violation of law with respect to Medicare Medicaid Tricare or any similar federal state or local governmental program. Prior knowledge means any professional services wrongful act that prior to the policy period an authorized insured had a reasonable basis to believe such professional services wrongful act could give rise to a claim. Prior notice means any matter fact circumstance situation transaction event or professional services wrongful act that i has been the subject of any notice accepted under any professional liability policy or comparable policy including through any self insured or captive programs coverage section or coverage part of which this Coverage Part is a direct or indirect renewal or replacement or ii was the subject of or is related to any prior or pending litigation claim written demand arbitration administrative or regulatory proceeding or investigation or licensing proceeding that was filed or commenced against you and of which you had notice prior to the policy period. Proctoring services mean supervision training assistance coaching or guidance provided by i a physician or any other health care professional licensed trained and qualified to provide such supervision training assistance coaching or guidance or ii any other person under the supervision training or direction and control of such physician or health care professional Form No CNA98661XX 10 2020 Coverage Part Page 2 of 5 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 31 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Coverage Part on behalf of an insured entity. Related claims mean all claims arising out of i a single professional services wrongful act or ii related professional services wrongful acts. All related claims will be deemed a single claim. Related professional services wrongful acts mean all professional services wrongful acts that are based on arising out of or are logically or causally connected by the same or any related or common or a series of related or common facts circumstances transactions situations events advice or decisions. Illl. COVERAGE PART EXCLUSIONS This Coverage Part does not apply to any claim damages defense costs expenses fees or loss ADMINISTRATION OF INSURANCE PLANS based on or arising out of any actual or alleged administration of insurance plans including claims administration billing and collection services ADVERTISEMENT based on or arising out of any actual or alleged advertisement personal and advertising injury including marketing and advertising activities written warranty or written guaranty AUTO based on or arising out of in whole or in part any actual or alleged ownership maintenance use including operation loading andor unloading or entrustment to others of any aircraft helipad auto mobile equipment or watercraft CASE MANAGEMENT based on or arising out of any actual or alleged case management utilization management or utilization review performed for others COMPUTER HARDWARE SOFTWARE OR APPLICATIONS based on or arising out of any actual or alleged designing developing programming distributing installing licensing servicing and maintaining computer hardware and software including web based applications web sites and online services CONTRACTUAL LIABILITY based on or arising out of contractual liability provided this exclusion will not apply to additional insureds EMPLOYEE BENEFITS based on or arising out of any actual or alleged administration policy consultation or implementation of any employee benefit program FALSE CLAIMS ACT based on or arising out of or in any way involving in whole or part any actual or alleged violation of the False Claims Act including qui tam actions or relator suits INSURED AGAINST INSURED with respect to any claim initiated alleged or caused to be brought by or on behalf of any insured covered by this policy against any other insured covered by this policy provided this exclusion will not apply to any claim arising out of an insured providing healthcare services to an insured person INTELLECTUAL PROPERTY INFRINGEMENT based on or arising out of any actual or alleged misappropriation violation or infringement of ideas confidential information trade secrets trade dress patent service mark trademark copyright title or Form No CNA98661XX 10 2020 Policy No HMA 6050273348 Coverage Part Page 3 of 5 Policy Effective Date 07012021 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 32 of 78 Copyright CNA All Rights Reserved. Healthcare Facilities and Providers Plus Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 32 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Coverage Part slogan LICENSURE based on or arising out of any professional services wrongful act i that took place while an insured s or any other healthcare services provider s license or registration to provide professional services was revoked suspended inactive invalid lapsed or not in effect ii for which an insured was not properly licensed for professional services in the locale or jurisdiction where such professional services were performed or iii relating to the prescribing or dispensing of controlled substances while an insured s license or registration to prescribe or dispense such controlled substances was revoked suspended inactive invalid lapsed or not in effect. Provided this exclusion will not apply if a such licensing or registration has been waived specifically by such jurisdiction or b the professional services were rendered during such jurisdiction s emergency health declaration which effectively waived such licensing or registration. Further provided this exclusion will apply as follows a to such natural person insured or any other healthcare services provider whose license was not in effect active or otherwise not properly licensed as described in i ii or iii above b with respect to an insured entity only if the insured entity knew or reasonably should have known that such natural person insured s license or any other healthcare services provider license was not in effect active or otherwise not properly licensed as described in i ii or iii above MANAGED CARE SERVICES based on arising out of or in connection with any actual or alleged managed care services MANUFACTURED PRODUCTS OR GOODS based on or arising out of any products or goods manufactured sold handled or distributed by you MEDICARE OR MEDICAID based on or arising out of any Medicare or Medicaid matter PROPERTY DAMAGE based on or arising out of any actual or alleged property damage QUALITY ASSURANCE based on or arising out of any actual or alleged quality assurance and risk management activities performed for others RELATED CLAIM MADE PRIOR TO POLICY INCEPTION for any related claim first made prior to i the inception of this policy period or ii any prior policy issued by us of which this policy is a direct renewal. IV. SPECIFIC COVERAGE PART LIMITS OF LIABILITY RELATED CLAIMS AND RETENTIONS A. Limit of Liability each claim Subject to paragraph B below the most we will pay for damages for each claim is set forth in Item 4A of the Policy Declarations. Healthcare Facilities and Providers Plus Form No CNA98661XX 10 2020 Coverage Part Page 4 of 5 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 33 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Coverage Part B. Coverage Part Limit of Liability all claims in the Aggregate Subject to a Combined Maximum Aggregate Limit of Liability if so indicated in Item 7 of the Policy Declarations the most we will pay for damages for all claims afforded coverage in this Coverage Part is set forth in Item 4A of the Policy Declarations as the PL Aggregate Limit of Liability. This PL Aggregate Limit of Liability subject to the provisions of this policy is the most we will pay as damages regardless of the number of claims insureds incidents parties or requests for coverage in this Coverage Part. C. Related Claims All related claims will be treated as one claim first made on the date the first of such related claims was first made or deemed made. The each claim Limit of Liability applicable to such policy period will apply to all such related claims subject to any applicable each claim Retention or Deductible. Healthcare Facilities and Providers Plus Form No CNA98661XX 10 2020 Coverage Part Page 5 of 5 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 34 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Coverage Part Endorsement In consider of the premium solely with respect to the Professional Liability Coverage Part Paragraph b in Section VI Assistance and Cooperation of the General Terms and Conditions of the policy is deleted and replaced with the following ITH ARBITRATION Cl ORSEMENT SENT TO SETTLE b not settle any claim without the insured s written consent such consent will not be withheld unreasonably. In the event the insured withholds written consent to settle then we may request at our own expense that a neutral arbitrator decide whether such consent has been withheld unreasonably. The selection of the Arbitrator and the rules governing such arbitration proceeding will be determined according to rules promulgated by the American Arbitration Association. The decision of the Arbitrator shall be binding. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA98701XX 10 2020 Policy No HMA 6050273348 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012021 Endorsement No 1 Page 1 of 1 Policy Page 35 of 78 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. IL 60606 P P | 2 |
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